Ord No. 44-17 ---- - -----
ORDINANCE NO 44-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ARTICLE IIII,
"LEGISLATIVE," SECTION 3.03, "QUALIFICATIONS OF
CANDIDATES; ELECTION", OF THE CITY OF DELRAY BEACH
CHARTER PURSUANT TO SECTION 100.3605, FLORIDA STATUTES,
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 ARTICLE III
SHALT. 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 3.03 of the City of Delray Beach Charter 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,
ff safety, and welfare of the City and its residents.
I'
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, that:
Section 1. Article III, "Legislative", Section 3.03, "Qualifications of Candidates; Election", of the
City of Delray Beach Charter is hereby amended to read as follows:
Sec. 3.03. —QUAILIFICATIONS OF CANDIDATES; ELECTIONS.
(A) Regulation of Qualifications. The qualifications, time, manner, and costs of qualifying
as a candidate for Mayor or Commissioner shall be regulated by Chapter 34 of the Code of Ordinances
of the City.
(B) Filing of Candidate Petitions. All candidate petitions shall be filed with the City Clerk
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in accordance with the
requirements of Chapter 34 of the Code of Ordinances of the Citv; however, if a special election to fill
a vacancy in the office of Mayor is to be held, the time for qualifying shall be as provided by this
Charter and Chapter 34 of the Code of Ordinances of the City of Delray Beach
(C) Names of Candidates. The City Clerk shall deliver the names of all candidates and the
offices for which they have filed, to the Supervisor of Elections no later than 5:00 p.m. on the first Friday after
the close of qualifying.
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 20' day of
November, 2017.
Cary Qks en, Mayor
ATTEST:
City Clerk
First Reading: November 7, 2017
Second Reading: November 20, 2017
i
�J Approved as to d legal s fi n y:
R. Max Lohman Ci�oKttor&y
ORD. 44-17