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Ord 26-10ORDINIINCI? NO. 2G-IU r~N ORI~INANCI? OI~ "1'HI~, CITY COMMISSION OI' 'THE CITY OI~ llli11t11Y 13F:~1CH, l~I.ORIDA, ~1M1?NllING CH11P"1'h.R 34, "I'.LEC'TIONS", OI' "TI-II~; CODE OF ORlliN~~NC1~,S BY AMENDING SEC:"PION 34.16, "I~IIING Of NOi~1IN~~'I'ING PI~:TI'TIONS", ANll SECTION 34.17, "PROCI,a~t_~RI ;11-°TER FILING", 'TO 1~~1ODIf~Y THF. I~1~,1~, I~OR FILING Pl~l'I'TIONS, PROVIllING A SAVING CLAUSI~,, ~~ GI?NI~.RAI. RI~,PI~:;V.I~.R CL,IUSI~., AND ;1N I~:I~l~1~.C"I'IV1~. DA"TF.. W I I f ~all':AS, the City of 1~elray 13cach desires to modify the fee for filing nominating petitions. NOW, "i'HI?RI?I~ORI?, ICI? I'1' ORllAINh,D l3Y '1'H1~. CITY COMMISSION Oh "I'H1~. CITY OI~ 1~1?I.RAY 131?ACH, I~LORIllA, AS l~'OI.LOWS: Section 1. 'That Chapter 34, "I ~.lections", of the Code of Ordinances of the City of Uclray Beach is amended by amending Section 34.16, "filing of Nominating Petition", to read as follows: Sec 34.16. I~II,ING OF NOMIN,~"PING PI?'I'I'I'ION (,~) 'To qualify as a candidate for election, the candidate must file the documents set fords in subsections (A)(1) and (11)(2). 'The documents shall be filed with the City Clerk no earlier than noon on the last "Tuesday in January nor later than noon on the second 'Tuesday in February of the calendar year in which the election is to be held, or to qualify as a candidate for Mayor if a special election is called to fill a vacancy in the office of Mayor, the candidate must file with the City Clerk no earlier than noon on the first 'Tuesday in April nor later than noon on the third 'Tuesday in ~~pril provided, however, all those who qualified previously for Mavor for the previous regular election will be deemed to have qualified as a candidate for the special election without additional petitions being filed or additional monies being paid or to qualify as a candidate in a special recall election called for the purpose of filling a vacancy pursuant to I.S. Section 100.361, the candidate must file with the Cit}- Clerk, no earlier than 8:00 a.m. ttvo (2) da~~s after the circuit court judge, pursuant to I.S. Section 11)0.361(2), has set the date for the special recall election and no later than 5:00 p.m. on the eighth day after the judge has set the date for the special recall election. "I'he following documents must be filed: (1) ~~ statement in writing under oath stating that the nominee is: (a) Qualified as an elector in the City and has been one since on or before September 1 preceding the election for which he or she is qualifying. (b) r1 candidate for the office for which he is qualifying. (2) A petition signed by the electors of the City not Less in number than one percent of the Registered voters of the City as determined on January 1 of the year of the election, and payment of ~~- ~~4IxN~ fifth- dollars (~50.OU~ to corer the cost of validating the signatures on the petition. (13) (1) 'l'he petitions shall be on a form prescribed by the City Clerk, which shall not be released nor distributed by the City Clerk until 8:00 a.m. on the first business day in the monde of December preceding the month of qualification, or in the event of a special election to fill a vacancy in the office of Mayor, the petition shall be released and distributed by the City Clerk no earlier than the second 'T'uesday in March proceeding the special election, or in the case of a special recall election at 8:00 a.m. on the day after the Circuit Court Judge, pursuant to l~.S. Section 100.361(2), has set the date for the special recall election unless that date falls on a weekend or holiday, in which case a petition may be obtained on the next regular business day. (?) Signatures may be obtained on the petition between the rime the City Clerk is authorized to release acd distribute the petition and the deadline for qualification. The signatures to a nominating petition need not all be affixed to one paper, but to each separate paper of a petition there shall be attached an affidavit executed by its circulator stating the number of signers of the paper, that each signature on it was affixed in his presence, and that he believes each signature to be the genuine signature of the person whose name it purports to bc. 1'he signatures shall be executed in ink or indelible pencil. I_:ach petition shall have next to the signature the date of signing, the place of residence, and precinct cumber. (C) The names of all candidates and the office for which they have filed shall be received by the Supervisor of 1 ~.lections from the City Clerk by 5:U0 p.m. on the first Friday after the close of qualifying, or in the event of a special election to fill a vacancy in the office of Mayor or in the case of a special recall election by 5:00 p.m. on the day following the close of qualifying except that if said day falls on a weekend or holiday, the City Clerk shall transmit the names of all candidates and the office for which they have filed on the next working day. Section 2. 'That Chapter 34, "1 ~.lections", of the Code of Ordinances of the City of Delray Beach is amended by amending Sectio^ 34.17, "Procedure After Idling", to read as follows: Scc. 34.17. PROCI~;Dl1K1~, ~~1~"1'1?R FILING. Within five (5) da~-s, or in the case of a special election to Fill a vacancy in the office of I~~fayor or in the case of a special recall election, the following business day after the City Clerk receives ratification from the Supervisor of 1?lections, the City Clerk shall notify the candidate and the person who filed the petition whether or not it satisfies the requirements prescribed by this subchapter. If a petition is found insufficient, the City- Clerk shall return it imulediately to the person who filed it, with a statement certifying wherein it is insufficient. Within the regular time for filing petitions a new petition may be filed for the same candidate together with the payment of another ..l4} fifty dollars (~5U.00~. 'I~he City Clerk shall keep on file all petitions found sufficient at least until the expiration of the term for which the candidates arc nominated in those petitions. Section 3. "That should any section or provision of this ordinance or any portion thereof, any ORD. NO. 26-1U paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validin° of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. "That all ordinances or parts of ordinances in conflict herewith be, and the same arc hereby repealed. Section 5. "That this ordinance shall become effective immediately upon passage. on second and final rcadmg. P~1SS1?D ~~NI~ A1~OPT'I-,D in regular session on second and final reading on this the 7`~' day of September, ?O1O. ~~ r1"I"1'l ~;S'1': M t~ Y O R ~~ ~~ ~~ City Clerk first Kcadin > ~ ~~ Second Kcadin > ~ ~~ 3 ~)KI~. NO. 2G-lU Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 3, 2010 SUBJECT: AGENDA I'T'EM 1.O.C. -REGULAR COMMISSION MEETING OF SEPTEMBER_7,_2.010 ORDINANCE NO. 26-10 ITEM BEFORE_COMMISSION This item is before Commission for second reading of Ordinance No. 26-10 amending Chapter 34, "Elections", of tl~e Code of Ordinances, by amending Sections 34.16 and 34.17 to inc--ease the fee for filing petitions from $25 to $50. BACKGROUND At the first reading on August 17, 2010, the Commission passed Ordinance No. 26-10. RECOMMENDATION Recommend approval of Ordinance No. 26-10 on second and final reading. http://miweb001 /AgendasBluesheet.aspx?ItemID=3738&MeetingID=269 9/8/2010 ORDINANCE NO.26-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34, "ELECTIONS", OF THE CODE OF ORDINANCES BY AMENDING SECTION 34.16, "FILING OF NOMINATING PETITIONS", AND SECTION 34.17, "PROCEDURE AFTER FILING", TO MODIFY THE FEE FOR FILING PETITIONS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to modify the fee for filing nominating petitions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 34, "Elections", of the Code of Ordinances of the City of Delray Beach is amended by amending Section 34.16, "Filing of Nominating Petition', to read as follows: Sec. 34.16. FILING OF NOMINATING PETITION (A) To qualify as a candidate for election, the candidate must file the docwnents set forth in subsections (A)(1) and (A)(2). The docLUr~ents shall be filed with the City Clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in Febiti~aiy of the calendar year in which the election is to be held, or to qualify as a candidate for Mayor if a special election is called to fill a vacancy in the office of 1Vi<ayor, the candidate must file with the City Clerk no earlier than noon on the first Tuesday in April nor later than noon on the third Tuesday in April provided, however, all those who qualified previously for Mayer for the previous regular election will be deemed to have qualified as a candidate for the special election without additional petitions being filed or additional monies being paid or to qualify as a candidate in a special recall election called for the purpose of filling a vacancy pursuant to F.S. SE~ction 100.361, the candidate must file with the City Clerk, no earlier than 8:00 am. two (2) days after the circuit court judge, pursuant to F.S. Section 100.361(2), has set the date for the special recall election and no later than 5:00 p.m. on the eighth day after the judge has set the date for the special recall election. The following doctmaents must be filed: (1) A statement in writing under oath stating that the nominee is: (a) Qualified as an elector in the City and has been one since on or before September 1 preceding the election for which he or she is qualifying. (b) A candidate for the office for which he is qualifying. (2) A petition signed by the electors of the City not less in number than one percent of the Registered voters of the City as detem~ined on January 1 of the year of the election, and payment of ~ F;. ,,, a,.n.,,r ~Q~~ nn. fifty dollars ($50.00) to cover the cost of validating the signattu~es on the petition (B) (1) The petitioi~.s shall be on a form prescribed by the City Clerk, which shall not be released nor distributed by the City Clerk unti18:00 a.m. on the first business day in the month of December preceding the month of qualification, or in the event of a special election to fill a vacancy in the office of Mayor, the petition shall be released and distributed by the City Clerk no earlier than the second Tuesday in March proceeding the special election, or in the case of a special recall election at 8:00 a.m. on the day after the Circuit Court Judge, pursuant to F.S. Section 100.361(2), has set the date for the special recall election unless that date falls on a weekend or holiday, in which case a petition maybe obtained on the next regular business day. (2) Signatures may be obtained on the petition between the time the City Clerk is authorized to release and distribute the petition and the deadline for qualification The signatures to a nominating petition need not all be affixed to one paper, but to each separate paper of a petition there shall be attached an affidavit executed by its circulator stating the number of signers of the paper, that each signature on it was affixed in his presence, gild that he believes each signature to be the genuine signature of the person whose name it purports to be. The signatures shall be executed in ink or indelible pencil. Each petition shall have next to the signature the date of signing, the place of residence, and precinct number. (C) The names of all candidates and the office for which they have filed shall be received by the Supervisor of Elections from the City Clerk by 5:00 p.m. on the first Friday after the close of qualifying, or in the event of a special election to fill a vacancy in the office of Mayer or in the case of a special recall election by 5:00 p.m. on the day following the close of qualifying except that if said day falls on a weekend or holiday, the City Clerk shall transmit the names of all candidates and the office for which they have filed on the next working day. Section 2. That Chapter 34, "Elections", of the Code of Ordinances of the City of Delray Beach is amended by amending Section 34.17, "Procedure After Filin~', to read as follows: Sec. 34.17. PROLE DUIZE AFTE R Fl LING. Within five (5) days, or in the case of a special election to fill a vacancy in the office of Mayor or in the case of a special recall election, the following business day after the City Clerk receives ratification from the Supervisor of Elections, the City Clerk shall notify the candidate and the person who filed the petition whether or not it satisfies the requirements prescribed by this subchapter. If a petition is found insufficient, the City Clerk shall return it iiruriEx~ltely to the person who filed it, with a statement certifying wherein it is insufficient. Within the regular time for filing petitions a new petition maybe filed for the same candidate together wide the paymeizt of another t~~~:"9) fifty dollars ($50.00). The City Clerk shall keep on file all petitions found sufficient at least until the expiration of the term for which the candidates are nominated in those petitions. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 2 ORD. N0.26-10 Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective irrur~ediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2010. ATTEST: City Clerk Fist Reading Second Reading MAYOR 3 ORD. N0.26-10 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 9, 2010 SUBJECT: ACI?NDA ITEM 12.13. - RECUL,IR COM~1ISSION MEETING OF AUCUS"1' 17, 2010 ORDINANCE NO. 2G-10 ITEM BEFORE COMMISSION This item is before Commission for approval of Ordinance No. 26-10 on first reading. BACKGROUND For the April 13, 2010 Commission Workshop session, staff had conducted a survey of the Palm Beach County municipalities for the Commission's discussion regarding Commission salaries, terns lengths and required petition signatures. The filing fees vary across the county and range from $10.00 to $154.00. Staff suggested increasing the filing fee during the discussion to cover the full cost charged to us by the Supervisor of Elections, and Commission was in favor of increasing the fee. The initial fee of $25.00 was originally proposed and adopted as part of Ordinance No. 65-01 at referendum on January 8, 2002. Staff is suggesting that the fee be increased to $50.00. RECOMMENDATION Recommend approval of Ordinance No. 26-10 on first reading. http://miweb001/Agendas/Bluesheet.aspx?ItemID=3619&MeetingID=268 9/3/2010