100-85 ORDINANCE NO. 100-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION",
ARTICLE II, "ELECTIONS", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
2.22, "QUALIFYING AS A CANDIDATE", BY ADDING PROVISIONS
REQUIRING THAT ALL CANDIDATES FOR THE OFFICE OF MAYOR
OR FOR THE OFFICE OF CITY COUNCIL SEATS SHALL BE A
RESIDENT OF THE CITY OF DELRAY BEACH WHO HAS BECOME AN
ELECTOR OF THE CITY OF DELRAY BEACH ON OR BEFORE
SEPTEMBER 1 OF THE YEAR PRECEDING THE REGULAR OR
SPECIAL ELECTION(S); PROVIDING A GENERAL REPEALER,
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 2, "Administration", Article II, "Elections", of the
Code of Ordinances of the City of Delray Beach, Florida, Section 2-22, "Qualifying as a
candidate", be and the same is hereby amended to read as follows:
Section 2-22. Qualifying as a candidate.
(A) Who can qualify. Any elector of the city who meets the qualifications
set forth in subparagraph (B) below, may be nominated for election or when vacancies
occur as herein provided, for one of the following:
(1) Counci! member.
(2) Mayor.
(3) Unexpired term of council member.
(4) Unexpired term of the mayor.
(B) Filing. To qualify as a candidate for election, the candidate must file
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, the following:
(1) A statement in writing under oath stating that the nominee is:
(a) Qualified as an elector in the city.
(b) A candidate for the office for which he is qualifying.
The names of all candidates and the office for which they have flied
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.
(2) A petition signed by the electors of the city not less in number than one
per cent of the registered voters of the city as determined on January
first of the year of the election and payment of twenty-five dollars
($25.00) to cover the cost of validating the signatures on the petition.
The petition required by the above paragraph shall be on a form
prescribed by the city clerk which shall not be reI~sed nor distributed
by the city clerk until December first at 8:00 a.m. in the month of
December preceding the month of qualification, unless said date falls on
a weekend or holiday, in which case a petition may be obtained on the
next regular working day. 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 shall indicate next to his signature the date of his
signing, the place of his residence and his precinct number.
¢3) A statement in writing under oath stating that the candidate for the.
office of mayor or for the office of any city council seat was a resident
of the city of Delra¥ l~each who had become an elector of the city of
Delray Beach on or ]~efor~ September 1 preceding the regular or special
city election {hr which that candidate is qualifying.
(C~ P.~ocedure after filing. Within five (5) days after the filing of a
nominatin~ petition the cit~ clerk shall notify the candidate and the person who filed
the petition r..'hether or not it satisfies the requirements prescribed by this section. 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 twenty-five dollars ($25.00). 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~. ~ That all ordinances or parts of ordinances which are in conflict
herewith are hereby repealed.
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.
PASSED AND ADOPTED in regular session on second and final reading on this
the 24~:h day of $opt:ombe.r , 1085.
ATTEST:
¢
First Reading Sept. om.ber 10
Second Reading..8op~:ombor 24
2 ORD. NO. 100-85