68-78 ORDINANCE NO. 68-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR A REFERENDUM TO BE HELD
ON NOVEMBER 7, 1978, A>~NDING ARTICLE V, "ELECTIONS",
OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH BY
REPEALING SECTION 5.04(a) AND (b)(1) AND ENACTING A
NEW SECTION 5.04(a) AND (b)(1) IN LIEU THEREOF, AND
AMENDING SECTION 5.04(c)(1); WHICH SECTIONS OF THE
CHARTER SET FORTH THE REQUIRE}~NTS FOR ELECTION OF
CANDIDATES IN THE FIRST AND SECOND NONPARTISAN ELEC-
TION; SAID AMENDb~NT TO CLARIFY THE NUMBER OF VOTES
REQUIRED FOR ELECTION; PROVIDING A SAVING CLAUSE; PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, Section 166.031, Florida Statutes, and the City Charter
of the City of Delray Beach, Article V, Section 5.03(b) provide that a
municipality may amend its charter by ordinance submitted to the electors of
the municipality at a general or special election called for the purpose,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. Article V, Section 5.04(a) and (b)(1) of the City
Charter of the City of.Delray Beach is hereby repealed and a new Section 5.04
(a) and (b)(1) is enacted to read as follows:
(a) Number of votes per elector. Each elector shall
be entitled to vote for as many candidates for the
office of city council as there are vacancies to be
filled and shall be entitled to one vote for a can-
didate for the office of mayor when there is a va-
cancy in that office; provided, however, no elector
shall be entitled to cast more than one vote for any
candidate.
(b) Majority to elect in first nonpartisan election.
(1) In the first nonpartisan election, a can-
didate for either the office of city council or mayor
who receives votes from a majority of all electors
casting ballots for that office shall be declared to
be elected to the office for which he is a candidate;
provided, however, notwithstanding the foregoing
provision, should more candidates for city council
receive votes from a majority of all electors casting
ballots for that office than there are vacancies to
be filled, then those candidates equal in number to
the vacancies to be filled receiving the highest
number of votes shall be declared to be elected.
Example:
If there are three candidates for the office of
city council to fill two vacancies on the council and
there are 1000 electors voting in the election:
Total Number of Possible Votes to Be Cast 2000
Minimum Number of Votes Necessary to Be Elected 501
If all three candidates have more than 501 votes,
the two candidates with the highest number of votes
would be elected.
Section 2. Article V,~ Section 5.04(c)(1) is hereby amended to
read as follows:
In the second nonpartisan election, there shall be on
the ballot.twice as many names of candidates as there
are remaining eo~ne~t-o~ees vacancies to be filled.
The names of the candidates to be voted upon at the
second nonpartisan election shall be those of the un-
elected candidates polling the largest number of votes
in the first nonpartisan election. In the event of
two (2) or more candidates qualifying for the second
nonpartisan election with an equal number of votes,
then all such tied candidates shall qualify for the
second nonpartisan election.
Section 3. That this ordinance shall not be effective unless the
same is approved by a majority of the electors of the City of Delray Beach
voting on this question at the election to be held November 7, 1978, for the
purpose of approving or disapproving this Ordinance. The question to be sub-
mitted to the electors at such election shall be substantially as follows:
AN A}~ENDMENT TO THE CITY CHARTER OF THE CITY OF DELRAY
BEACH CLARIFYING THE INTENT OF THE EXISTING CHARTER PRO-
VISION THAT A CANDIDATE FOR CITY COUNCIL RECEIVING VOTES
FROM A ~LAJORITY OF ELECTORS CASTING BALLOTS FOR THE
OFFICE IN THE FIRST NONPARTISAN ELECTION SHALL BE DE-
CLARED ELECTED.
SHALL THE ABOVE DESCRIBED CHARTER AMEND~NT BE ADOPTED?
FOR APPROVAL
AGAINST APPROVAL
If a majority of the electors voting upon such question
approve these amendments, then the amendments shall be in
full force and effect. If a majority of the electors voting
upon such question disapprove such amendments then these
amen&ments shall be null and void.
Section 4. That upon the approval of this Ordinance by the elec-
tors as aforesaid, all ordinances or parts of ordinances or Charter pro-
visions 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 ~'hail be held invalid or unconstitutional by any 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
this 25th day of September, 1978.
ATTEST:
~ City cler~
First Reading September 11, 1978
Second Reading September 25, 1978
ORD. NO. 68-78