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ORDINANCE NO. 41-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 34,
"ELECTIONS", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH,FLORIDA,BY AMENDING SECTION 34.16,"FILING
OF NOMINATING PETITION", TO AMEND THE QUALIFYING
DATES FOR THE CITY OF DELRAY BEACH'S GENERAL ELECTION
AT THE REQUEST OF THE SUPERVISOR OF ELECTIONS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 34 SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE,A SEVERABILITY CLAUSE,AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE;AND FOR OTHER PURPOSES.
WHEREAS, Section 34.16 of the City's Code of Ordinances currently establishes a candidate qualifying
period for the City's general election from noon on the last Tuesday in January until noon on the second Tuesday
in February prior to the March election;and
WHEREAS,the Palm Beach County Supervisor of Elections has requested that all municipalities within
the county move up their qualifying period to provide sufficient time for the Supervisor to send vote-by mail(or
absentee) ballots to overseas citizens in accordance with Section 101.61,Florida Statutes;and
WHEREAS,the City of Delray Beach wishes to amend the City's qualifying period at the request of the
Supervisor of Elections and determines that the adoption of this Ordinance is in the best interest of the health,
safety,and welfare of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. That Chapter 34, "Elections", Section 34.16, "Filing of Nominating Petition", of the
Code of Ordinances of the City of Delray Beach is hereby amended 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
ea the last Tidesday i�a jaffaary iaai!later than ftean E)!a the seeand Tuesday iii Febi�aaTy of the ealeada
year on the first business day in December and no later than noon on the fourteenth business day in
December immediately prior to 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
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the tivrd Tuesday in Apel provided,However, all those who quahTiea previously for 1Vlayor 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 two hundred fifty (250)
of the Registered voters of the City as determined on January 1 of the year 4
immediately prior to 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 not distributed by the City Clerk until 8:00 a.m. on the first business
dayinthemonthofDeeeinb November 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) 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
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qualifying, or in the event of a special election to fill a vacancy in the office of 1Vlayor 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. All ordinances or parts of ordinances in conflict be and the same are hereby repealed.
Section 3. 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 of this Ordinance.
Section 4. Specific authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on second and final reading on this 7`'day of November,
2017.
.,, MAYOR
ATTEST: ,
City Clerk
First Reading: October 17,2017
Second Reading: November 7, 2017
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY el
BY:
R. ax Lohm Attorney
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