Ord 65-01ORDINANCE NO. 65-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34,
"ELECTIONS", HEADING, "GENERAL PROVISIONS" BY
AMENDING SECTION 34.02, "CITY COMMISSION TO
PROVIDE FOR ELECTIONS: APPOINTMENT OF
INSPECTORS AND CLERKS"; AMENDING HEADING
"QUALIFICATIONS FOR CANDIDACY", BY AMENDING
SECTION 34.15, "QUALIFYING AS CANDIDATE"; SECTION
34.16, "FILING OF NOMINATING PETITION", AND SECTION
34.17, "PROCEDURE AFTER FILING", TO PROVIDE FOR
QUALIFYING FOR MAYOR IN THE EVENT A SPECIAL
ELECTION IS HELD TO FILL A VACANCY IN THE OFFICE
OF MAYOR, TO REORGANIZE AND CORRECT
GRAMMATICAL ERRORS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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 is hereby amended by
amending Section 34.02, "City Commission to Provide for Elections: Appointment of Inspectors and
Clerks", Section 34.15, "Qualifying as Candidate", Section 34.16, "Filing Nominating Petition" and
Section 34.17, "Procedure After Filing" to read as follows:
Section 34.02 CITY COMMISSION TO PROVIDE FOR ELECTIONS: APPOINTMENT
OF INSPECTORS AND CLERKS.
The City Commission shall make all necessary arrangements for holding all
municipal elections, and shall declare the results thereof. Inspectors and clerks of elections
shall be appointed by the City Commission, but if the City Commission shall fail to appoint
them at least two (2) days before the date of any election, the Mayor may appoint them. In
the event that both of these plans methods fail to secure inspectors and clerks for any election,
the City Clerk shall make the appointments on the days of the election.
Section 34.15 QUALIFYING AS CANDIDATE.
Any elector of the City who meets the qualifications set forth in Section 34.16 of this
subchapter, may be nominated for election or --~' ......... : ..........t.~_^: ...... :~^~- for
onc c,f the following:
Commissioner or Mayor.
Section 34.16 FILING OF NOMINATING PETITION.
(A) To qualify as a candidate for election, the candidate must file the documents
set forth in Subsection 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 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:
tiao (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 I preceding the election for which he or she is qualifying.
(b) A candidate for the office for which he is qualifying.
2 ORD. NO. 65-01
(4g) (4-) (2) A petition signed by the electors of the city not less in number than one
percent (1%) of the registered voters of the city as determined on January 1 of the year of the
election, and payment of $25 to cover the cost of validating the signatures on the petition.
(B) (1) t~x t~x The petitions rcqulrcd k.. a:. :.:__ mxt~x _:,~.: .... :__
,~, v,-, ,_,, ~.v ...... ,~,,~, .......... t .... 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 Dcccmkcr I at g:OO a.m. 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 fails on a
weekend or holiday, in which case a petition may be obtained on the next regular ..... -,-,.-.-sc:--
business day.
(2) (b) 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
signer petition shall indicate, have next to hie the signature the date of h/~ signing, the place of
his residence, and his precinct number.
wka has became an clcctar of .k~ _: ...... k^c~_~ e ..... k~_ i ..... ~:__ .k ...... ~ ....
(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.
3 ORD. NO. 65-01
Section 34.17 PROCEDURE AFTER FILING.
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
immediately 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 $25. 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 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be dedared 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 at. This ordinance will be effective only if Ordinance no 63-01 is passed at the
referendum to be held March 12, 2002. If Ordinance No. 63-01 is approved by the voters, this
ordinance shall be effective immediately on the approval of Ordinance No. 63-01. If Ordinance No.
63-01 is not approved at the referendum, this Ordinance No. 65-01 will be null and void with no
force and effect.
PreSSED AND ADOPTED in regular session on second and final reading on this the ff~'
day of __~0~fi~:_ ........ 200_~___.
ATTEST
City Clerk
First Reading _~/~
Second Re a ding~:a°_, _,~___00_.~_
MAYOR
4 ORD. NO. 65-01
· RECEIVED
I:IT¥ DF DELRI:I¥ BERI:H oo,
CITY MANAGER
CITY ATTORNEY'S OFFICE :00 mw 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
Wnter's Direct L~ne: 561/243-7091
MEMORANDUM
December 19, 2001
City Commission
Susan A. Ruby, City Attorney
Ordinance No. 65-01 - Chanqes to City Ordinances Chapter 34
Ordinance 65-01 provides changes in Chapter 34 of the Code of Ordinances that:
1)
2)
3)
reorganizes and enhances its readability;
provides for qualification periods if a special election is required to fill
a vacancy in the office of Mayor;
will be effective if Ordinance 63-01 is approved by the voters at
referendum.
Please call if you have any questions.
CC:
David T. Harden, City Manager
Barbara Garito, City Clerk
ORDINANCE NO. 65-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34,
"ELECTIONS", HEADING, "GENERAL PROVISIONS" BY
AMENDING SECTION 34.02, "CITY COMMISSION TO
PROVIDE FOR ELECTIONS: APPOINTMENT OF
INSPECTORS AND CLERKS"; AMENDING HEADING
"QUALIFICATIONS FOR CANDIDACY", BY AMENDING
SECTION 34.15, "QUALIFYING AS CANDIDATE"; SECTION
34.16, "FILING OF NOMINATING PETITION", AND SECTION
34.17, "PROCEDURE AFTER FILING", TO PROVIDE FOR
QUALIFYING FOR MAYOR IN THE EVENT A SPECIAL
ELECTION IS HELD TO FILL A VACANCY IN THE OFFICE
OF MAYOR, TO REORGANIZE AND CORRECT
GRAMMATICAL ERRORS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
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 is hereby amended by
amending Section 34.02, "City Commission to Provide for Elections: Appointment of Inspectors and
Clerks", Section 34.15, "Qualifying as Candidate", Section 34.16, "Filing Nominating Petition" and
Section 34.17, "Procedure After Filing" to read as follows:
Section 34.02 CITY COMMISSION TO PROVIDE FOR ELECTIONS: APPOINTMENT
OF INSPECTORS AND CLERKS.
The City Commission shall make all necessary arrangements for holding all
municipal elections, and shall declare the results thereof. Inspectors and clerks of elections
shall be appointed by the City Commission, but if the City Commission shall fail to appoint
them at least two (2) days before the date of any election, the Mayor may appoint them. In
the event that both of these plans methods fail to secure inspectors and clerks for any election,
the City Clerk shall make the appointments on the days of the election.
Section 34.15 QUALIFYING AS CANDIDATE.
Any elector of the City who meets the qualifications set forth in Section 34.16 of this
subchapter, may be nominated for election or w .............................. v ....... ,
Commissioner or Mayor.
mx M'ayo~.
(C) Uncxp'~rcd ..... r r-A__:~: ....
Section 34.16 FILING OF NOMINATING PETITION.
(A) To qualify as a candidate for election, the candidate must file the documents
set forth in Subsection 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 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 ORD. NO. 65-01
trix (4-) (2) A petition signed by the electors of the city not less in number than one
percent (1%) of the registered voters of the city as determined on January 1 of the year of the
election, and payment of $25 to cover the cost of validating the signatures on the petition.
(B) (1) (~ tax The petitions ~..:_^~ t... m..:.:__ rmt~x _ca.: ..... :^~ 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 r~,...,.,,~,,.,~.^_ I ,~ ~,.,,,,Q'nn a.m. 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 may be obtained on the next regular ..... ,,.,,.-,,~':-~,~
business day.
(2) (b) 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 indlcatc have next to his the signature the date of his signing, the place of
~ residence, and toa 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.
3 ORD. NO. 65-01
Section 34.17 PROCEDURE AFTER FILING.
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
immediately 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 $25. The City Clerk shall keep on file all petitions
found sufficient at least until the expiration of the term for which the candidates are
nominated in those petitions.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4'. This ordinance will be effective only if Ordinance no 63-01 is passed at the
referendum to be held March 12, 2002. If Ordinance No. 63-01 is approved by the voters, this
ordinance shall be effective immediately on the approval of Ordinance No. 63-01. If Ordinance No.
63-01 is not approved at the referendum, this Ordinance No. 65-01 will be null and void with no
force and effect.
PASSED AND ADOPTED in regular session on second and final reading on this the ....
day of ......... ,200___
ATTEST M A Y O R
City Clerk
First Reading
Second Reading
4 ORD. NO. 65-01
Plq(MOe~ FD~ 1~ OUALIFICATiON
ELECT~ TO Pa,/. k VAGMIGY ~N ~4E
*~IAFT',ON OF OFFICE OF 1HE
ll~YO~ EL.E~ED AT THE ~EC~.
M~C-MAYCXR ~
NEXT ELEC'~ BETEAD OF FOR
I. ES$ ~ 60 DAYS BB:OF~E 'THE
REMABt VACANT UNT1L ~ A
M~,YOR I~ B..r-~D AT *~IE ~4AAL
FOR A REt~RENOUM 0N MMK~ 12,
B~"TIVE DATE.
MI OFIDg~CE OF 11~ C~Y COM-
~ FLOI~IDa. ~ FOil
~ ARTIC~ Iff, 'I.EGI~LAT1VE",
ITS". BY REFf..NdNG SECTIO~ 3 O1 (c)
MO ~ A NEW ~CCTIO~
~-CTION (Il, TO FROVIDE THAT
EF~:CTWE 3009 ANO ~R A
COMMISmONER N~ll)~m 11'1E
~ ~ ~N ELECTEO TERM
1ED TO SBqVE OUT 1HAT ELECTED
AN OR0giMICE OF 'THE CITY OO~*,-