Ordinance No. 18-20ORDINANCE NO. 18-20
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELllAY BEACH, FLORIDA, AMENDING ARTICLE V, "ELECTIONS,"
SECTION 5.02, "TYPES OF ELECTIONS," OF THE CITY OF DELRAY
BEACH CHARTER PURSUANT TO SECTION 100.3605, FLORID.A
STATUTES, TO AMEND THE DATE ON WHICH ELECTIONS FOR
MUNICIPAL NONPARTISAN ELECTIONS MAY BE HELD FOR THE
CITY OF DELRAY BEACH; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF ARTICLE V 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.
WHERE AS, Section 5.02 of the City of Delray Beach Charter currently establishes that municipal
nonpartisan elections shall be held on the second Tuesday in March of each year in which a term of the Mayor
or Commissioner expires; and
WHEREAS, every four years the presidential preference primary in the State of Florida is held on the
third Tuesday in March; and
WHEREAS, in those years where the presidential preference primary election falls on the third Tuesday,
the City of Delray Beach would expend additional costs and resources in order to facilitate two elections in the
same month in order to remain in compliance with the provisions of its Charter; and
WHEREAS, the City of Delray Beach wishes to amend its Charter in order to provide for its municipal
elections to coincide with the presidential preference primary elections every four years; and
WHEREAS, pursuant to Florida Statute sections 166.021(4) and 100.3605(2), municipalities are
authorized to amend their charters to change the election dates for candidates without the necessity of a
referendum; and
WHEREAS, the City of Delray Beach 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:
Section 1. That Article V, "ELECTIONS", Section 5.02, "TYPES OF ELECTIONS", of the City
of Delray Beach Charter is hereby amended to read as follows:
Section 5.02. - TYPES OF ELECTIONS.
Elections to be held in the City shall all be conducted on a nonpartisan basis without regard for
or designation of political party affiliation.
(A)
(B)
Dale qf Mmúcipal Nonpartisan Election. Municipal nonpartisan elections shall be held on the
second Tuesday in March of each year in which a term of the Mayor or Commissioner
expires. In any election year in which the State holds a presidential preference primary
election, or similar election, the City Commission may, by proclamation, change the date
of the municipal nonpartisan election to coincide with the date of the presidential
preference primary election or similar election.
Ties. In case of a tie in the municipal nonpartisan election, a second nonpartisan election
shall be held.
(C)
Section 2.
Special Election. All other municipal elections that may be held by authority of this Charter,
or of any law, shall be known as special elections.
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.
Section S.
Specific authority is hereby given to codify this Ordinance.
This Ordinance shall become effective irnrnedi
PASSED AND ADOPTED in regular session
LJ\a g...,,ch ,2020.
this 3f?d day of
First Reading, __ 1~l.._.l /_,_l_J_o~_
Second Readino-g_3-+-/~3~l~2~0 _
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ORD. NO. 18-20