07-83 ORDINANCE NO. 7-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRA¥
BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO
ARTICLE V, "ELECTIONS", SECTION 5.02(a), "TYPES OF
ELECTIONS", OF THE CITY CHARTER OF THE CITY OF DELRAY
BEACH, FLORIDA, TO PROVIDE FOR CHANGING THE DATE OF
THE CITY'S FIRST NONPARTISAN ELECTION FROM THE FIRST TO
THE SECOND TUESDAY IN MAt{CH OF EACH YEAR, AND FOR
CHANGING THE DATE OF THE CITY'S SECOND NONPARTISAN
ELECTION FROM THE THIRD TO THE FOURTH TUESDAY IN
MARCH OF EACH YEAR; AND TO AMEND SECTION 5.04(d),
"ELECTIONS GENERALLY" PROVIDE FOR THE METHOD OF
ELECTION IN OR SUBSEQUENT TO THE SECOND NONPARTISAN
ELECTION IN CASES OF TIED CANDIDATES, AND TO ELIMINATE
THE REQUIREMENT FOR USING A FURTHER RUNOFF ELECTION;
PROVIDING FOR A REFERENDUM ELECTION TO BE HELD
MARCH 1, 1983; PROVIDING A 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 Article V, "Elections~, Section 5.02(a), "Types of
Elections', of the City Charter of the City of Delray Beach, Florida, Chapter 25786,
Laws of Florida, Special Acts' of 1949, and amendments thereto, be further amended to
read as follows:
ARTICLE V. ELECTIONS
Section 5.02. Types of elections.
(a) Types of elections. Elections to be held in the city shall be either first
nonpartisan or special and they shall all be conducted on a nonpartisan basis without
regard for or designation of political party affiliation.
(1) First nonpartisan elections shall be held on the ~ second Tuesday in
March of each year for the purpose of electing officers of the city and
such other purposes as the council may prescribe.
(2) Second nonpartisan elections shall be held, if necessary, on the
fourth Tuesday in March of each year for the purpose of electing
o ~s of the city and such other purposes as the council may
prescribe.
(3) All other municipal elections that may be held by authority of this
charter, or of any law, shall be known as special elections.
Section ' 2. That Article V, "Elections", Section 5.04(d), "Types of
Elections", of the City Charter of the City of Delray Beach, Florida, Chapter 25786,
Laws of Florida, Special Acts of 1949, and amendments thereto, be further amended to
read as follows:
(d) M~e~-t~-~l~,~ Method of election in a second nonpartisan election. In
the second nonpartisan election, the remaining offices shall be filled by the candidates
receiving the highest number of votes for each vacancy~ except as follows:
In case of a tie between the candidates rec.eivin~ the hi~hest number of
votes after such second nonpartisan election by candidates equal in
number to, or less than, the number of vacancies to be filled at such
second nonpartisan election, then such car{didates shall be declared to be
elected and those seats shall be declared to be filled.
(2) However, Sin case of two (2) or more candidates receiving an equal and
the highest number of votes for the same office or offices at such second
nonpartisan election, ~--rt~m~-~f--el~t~m- ~½ - ~ ~-~ - ~t~ r t-h--T-u~ay- -iff
.~hi-rePr-fo~-~ie4--ea~d4em~e~--4~--e~t~-~--tie-~i4~-t,~x~i~t-~, such tied candidates
shall draw lots to determine who shall occupy the office.
Section 3. That this Ordinance shall not be effective unless and until the
same is approved by a majority of the electors of the City of Delray Beach, Florida,
voting at the election to be held on March 1, 1983, for the purpose of approving or
disapproving this Ordinance. The question to be submitted to the electors at such
election shall be substantially as follows:
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, TO CHANGE THE DATE FOR THE
CITY'S FIRST NONPARTISAN ELECTION FROM THE FIRST TO THE
SECOND TUESDAY IN MARCH OF EACH YEAR, TO CHANGE THE
DATE OF THE CITY'S SECOND NONPARTISAN ELECTION FROM
THE THIRD TO THE FOURTH TUESDAY IN MARCH OF EACH
YEAR, AND MAKE AMENDMENTS TO PROVIDE THE METIIOD OF
ELECTION IN CASES OF TIED CANDIDATES AFTER THE SECOND
NONPARTISAN ELECTION, AND TO ELIMINATE THE REQUIREMENT
FOR USING A FURTHER RUNOFF ELECTION, SUBSTITUTING THE
DRAWING OF LOTS IN CERTAIN PRESCRIBED INSTANCES OF
TIES.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE
ADOPTED:
FOR APPROVAL
AGAINST APPROVAL ~
If a majority of the electors voting upon such question approve the amend-
ment(s), then the amendment(s) shall be in full force and effect. If a majority of the
electors voting upon such question disapprove such amendment(s) then the amend-
ment(s) shall be null and void.
Section 4. That upon the approval of this Ordinance by the electors as
aforesaid, all ordinances or parts of ordinances or Charter provisions or parts of
Charter provisions in conflict herewith shall be and the same are hereby repealed as of
the effective date of this Ordinance.
Section 5. That if any clause, section or other part of this Ordinance shall
be declared invalid or unconstitutional by a court of competent jurisdiction, the
remainder of this Ordinance shall not be affected thereby, but shall remain in full force
and effect.
PASSED AND ADOPTED in regular session on second and final reading
on this the 25i:h day of January, 1983.
ATTEST:
First Read~.ng January llt 1983
Second Reading Janaury 25~ 1983.
2 ORD. NO. 7-83