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Ord 50-11ORDINANCE NO. 50 -11 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 ", TO MODIFY THE NUMBER OF REGISTERED VOTERS REQUIRED TO SIGN A PETITION TO GRANT ELIGIBILITY OF A CANDIDATE TO QUALIFY TO RUN FOR OFFICE, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to modify the number of registered voters required to sign a petition to grant eligibility of a candidate to qualify to run for office. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 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 documents set forth in subsections (A)(1) and (A)(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 April provided, however, all those who qualified previously for Mayor 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. Section 100.361, the candidate must file with the City Clerk, no earlier than 8:00 a.m. 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 documents 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 net less in number- thm one of at least 250 of the Registered voters of the City as determined on January 1 of the year of the election, and payment of fifty dollars ($50.00) to cover the cost of validating the signatures on the petition. (B) (1) The 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 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 re- leased 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 may be 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, and 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 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 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. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second final reading on .s the day of o-r , 2012. ATTEST: M A Y O City Clerk First Reading ZP_G.em6r- (3 L 1 Second Reading 3 12 2 ORD. NO. 50 -11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 14, 2011 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF JANUARY 3, 2012 ORDINANCE NO. 50-11 ITEM BEFORE COMMISSION Page 1 of I This ordinance is before Commission for second reading and public hearing to consider an amendment to Chapter 34, "Elections ", by amending Section 34.16, "Filing of Nominating Petitions ", to modify the number of registered voters required to sign a petition to grant eligibility of a candidate to qualify to run for office. BACKGROUND At the first reading on December 13, 2011, the Commission passed Ordinance No. 50 -11. RECOMMENDATION Recommend approval of Ordinance No. 50 -11 on second and final reading. http:// agendas. mydelraybeach .com /Bluesheet.aspx ?ltemID= 5228 &MeetingID =340 1/3/2012 ORDINANCE NO. 50 -11 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 ", TO MODIFY THE NUMBER OF REGISTERED VOTERS REQUIRED TO SIGN A PETITION TO GRANT ELIGIBILITY OF A CANDIDATE TO QUALIFY TO RUN FOR OFFICE, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach desires to modify the number of registered voters required to sign a petition to grant eligibility of a candidate to qualify to run for office. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 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 documents set forth in subsections (A)(1) and (A)(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 April provided, however, all those who qualified previously for Mayor 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. Section 100.361, the candidate must file with the City Clerk, no earlier than 8:00 a.m. 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 documents 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 of at least 250 of the Registered voters of the City as determined on January 1 of the year of the election, and payment of fifty dollars ($50.00) to cover the cost of validating the signatures on the petition. (B) (1) The 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 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 re- leased 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 am. 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 may be 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, and 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 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 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. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2012. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD. NO. 50-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 7, 2011 Page 1 of 1 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF DECEMBER 13, 2011 ORDINANCE NO. 50-11 ITEM BEFORE COMMISSION Adoption of Ordinance 50 -11 regarding a proposed change to the number of signatures required to qualify as a candidate for election. BACKGROUND Pursuant to the direction given by Commission, at its November 8, 2011 workshop meeting, the following Ordinance has been prepared, which changes the required number of signatures needed on nominating petition from 1% of the registered voters to a set number of 250. RECOMMENDATION Commission discretion. http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD= 5196 &MeetingID =339 12/14/2011 Tfiefalm;.Beaeh Past...: �; Palirigeacli�bsfcom. 7E. ThursdayDecember.22�201�' -`� ��.. (561 =j�$2Q =' '4343` = .