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59-74 ORDINANCE NO. 59-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ALL OF CHAPTER 12 "ELECTIONS" AN]) ENACTING A NEW CHAPTER 12 "ELECTIONS" PERTAINING TO NOTICE OF ELECTIONS, QUALIFICATIONS AND FILING OF CANDIDATES, LAWS GOVERNING ELECTIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the League of Women Voters, South Palm Beach County, Floridg made recommendations on April 30, 1973, pursuant to City Council's request of January 22, 1973 concerning changes in the election process of the City; and, WHEREAS, the City Council of the City of Delray Beach, Florida, concurs in said recommendations, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 12 "Elections", as amended, of the Code of Ordinances of the City of Delray Beach is hereby repealed. Section 2. That the following Chapter 12 "Elections" shall replace Chapter 12 "Elections" repealed in Section 1 above. Chapter 12 ELECTIONS Sec. 12-1. Notice of elections. A. The Mayor (or Vice-Mayor) shall by proclamation give notice of all elections and cause the proclamations to be published in locally distributed newspaper as follows: (1) For the first nonpartisan election once each week in the two weeks preceeding.the election; (2) For the second nonpartisan etect~on if'necessary, once in the week preceeding the election; (3) For all special elections once each week in the two weeks preceeding the week of the special election. B. The proclamation shall contain the following: (1) The date of the election; (2) The purpose of the election; (3) The precinct numbers and the addresses of the polling places to be used; (4) The hours during which voting shall take place; (5) Who can vote in the election. Sec. 12-2. Qualifying as a candidate. A. Who can qualify: Any elector of the city may be nominated for election or when vacancies occur as herein provided, for one of the following: 1. Council member 2. Mayor 3. Unexpired term of council member 4. Unexpired term of the mayor B. Filing To qualify as a candidate for election, the candidate must file with the city clerk between the hours of 8:00 A.M. and 5:00 P.M. during the days of Monday through Friday in the period com- mencing on January 15th and ending January 31st of the year of the election, the following: (1) A statement in writing under oath stating that the nominee is: (a) ~Qualified as an elector in the city. (b) A candidate for the office for which he is qualifying. (2) A petition signed by electors of the city not less in number than one per cent (1%) of the registered voters of the city as determined on January 1st of the year of the election and pay- ment of twenty-five dollars ($25.00) to cover costs of validating the signatures on the petition. (a) The signatures to a nominating petition need not all be affixed to one paper, buff 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 signa- ture 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 signer shall indicate next to his signature the date of his signing, the place of his residence and his precinct number. C. Procedure after Filing. Within five days after the filing of a nominating petition, the city clerk shall notify the candidate and the person who filed the petition whether or not it satisfies the requirements prescribed by this charter. If a petition is found insufficient, the city clerk shall return it immediately to the person who filed it with a statement certifying wherein it is insufficient. Within the regular time for filing petitions a new petition may be filed for the same candidate together with the payment of another twenty-five dollars ($25.00). The city clerk shall keep on file all petitions found sufficient at least until the expiration of the term for which the candidates are nominated in those petitions. Sec. 12-3. State laws shall govern. All elections, except as otherwise provided by the charter and ordinance, shall be conducted according to the principles adopted for the election code of the State of Florida. Section 3. All ordinances or parts of ordinances iD conflict herewith be and the same are hereby repealed. -2- Ord. No. 59-74. Section 4. This ordinance shall take effect October 1, 1975, providJng Ordinance No. 58-74 has been approved by referendum at the general election on Decen~3er 3, 1974. In the event Ordinance No. 58-74 is not approved by referendu~n, then this ordinance shall be of no effect. PASSED AND ADOPTED on second and final reading on this the 15%h day of November , 1974. City Clerk First Reading October 28, 1974 Second Reading November 15, 1974 -3- Ord. No. 59-74.