417-41 ORDINANCE NO.~
AN OEDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
· , FLORIDA, C~.I.ING FOR A PRIORY ELECTION TO NOMINATE CANDIDATES
FOR THE OFFICE OF CITY COUNCILMAN IN GROUPS A, B AND C, PRO-
VIDING HOW CANDIDATES THEREIN SHALL QUALIFY FOR SUCH PRIMARY
E!.ECTION, AND APPOINTING A CLERK AND INSPECTORS TO HOLD SAID
ELECTION.
V~E.~ The City Charter of the City of Delray Beach
provides that a primary election may be held in said city not
more than thirty days nor less than ten days prior to the date
of the general city election, and it is provided by the charter
of the City of Delray Beach that the City Council shall pre-
scribe by ordinance the method and manner of holding all elec-
tions in said city, and shall lrovide when and how special
elections shall be called and held which are not provided by
the terms of the city charter, and
WHEREAS a group of electors have petitioned the City
Council to pass an ordinance calling for a primary election
within the time specified by the charter and to provide the
' method and manner of holding the same, now, therefore, be it
i','~. ordained by the City Council of the City of Delray Beach as
1st. That a primary election to nominate candidates for
the office of City Councilman in groups A, B and C is hereby
called pursuant to the request of a group of electors, and the date
for holding of such election is hereby designated and set as
Tuesday, November 18., A. D. 1941. Such primary election shall
be held at the Fireman's Hall in the City of Delray Beach,
Florida, on the date specified between the hours of ~ A. M.
and 6 P. ~., Eastern Standard Time.
2nd. All qualified electors of the City of Delray Beach,
Florida, shall be qualified to vote in said election.
3rd. In order to qualify as a candidate in said primary
election, the candidate must file with the City Clerk of the
City of Delray Beach, Florida, on or before Tuesday, November 4,
19$l, a statement in Writing under oath that such candidate is
a qualified elector of the City of Delray Beach, Florida, is the
owner of improved real estate within the limits of Delray Beach,
Florida, and has owned the same for one year prior to the date
of announcing his candidacy for the office of City Council-
man, that the instrument by which title to such real estate is
held has been of record in the office of the Clerk of the Circuit
Court of Palm Beach County, Florida, for one year prior to his
announcing his candidacy for the office of City Councilman and
that he has paid city taxes on improved real estate within the
city limits of the City of Delray Beach, Florida, for the year
19~0. The candidate must also file with said statement either
the original deed or other instrument by which he claims title
to real property or a certified copy of the record of the s~me
and also a tax receipt from the City Clerk of the City of Delray
Beach, Florida, showiB~ t~e payment of 1940 city taxes on im-
proved real estate in said city, and such instruments shall be
filed with the City Clerk along with the candidate's sworn
statement of his qualifications. The City Council shall at its
. regular meeting on November 10, 1941, pass upon the qualifications
of the candidates for the office of City Councilman, and there-
after the City Clerk shall return to such candidates the original
deeds or certified copy of the record of the same and the tax
receipts which have been filed with the Clerk under this section
of this ordinance.
The candidate shall designate in his statement of writing
under oath in which group he will run. He shall also pay to the
City of Delray Beach a fee of $10.00, which sum shall be paid
at the time of filing said statement. When this statement and
the other instruments called for by this section of this ordinance
have been filed and the said sum of $10.00 has been paid and the
Council has found the candidate qualified under the charter of
then
the City of Delray Beach, the candidate shall/be entitled to have
his name printed on the ballot in the group designated.
Sth. The official ballot for said election shall be sub-
stantially in the following form:
OFFICIAL BALLOT
Primary Election
City of Delray Beach, Florida
November 18, 1941
Make a Cross (x) Mark before the name of the
Candidate of your choice
Elections are for a term of two years
FOR COUNCILMAN CLASS A
(Vote for one)
FOR COUNCII~ CLASS B
(Vote for one)
FOR COUNCILMAN CLASS C
(Vote for one)
5th. The City Council hereby appoints W. 0. Wire
as Clerk, and ~ W~.J~... Johnston ~.., W.A. Lare~ . .(Mrs) , and
L,¥. Ransom (Mrs) ... , as inspectors of said election.
6th. This election shall be conducted substantially on
the principles adopted for state elections insofar as the same
do not conflict with the charter of the City of Delray Beach,
and shall be cOnducted substantially in the same manner as
general elections in said city. If a candidate in any group
receives a majority of the votes cast for councilman in that
group, he shall be declared the nominee for such group and shall
be entitled to have his name placed on the general election
ballot. If, however, no candidate in said group'receives a
majority of the votes cast in that group, then the candidate
receiving the highest number of votes and the candidate re-
ceiving the next highest number of votes in said group shall
be entitled to have their names placed on the general election
ballot.
7th. The result of the voting in said primary election,
when ascertained, shall be certified by return in duplicate,
signed by the clerk and the majority of the inspectors of said
election, one copy to be delivered to the Mayor and the other
to the City Clerk, both of whom shall transmit such returns to
the City Council at a called meeting to be held not later than
three days after such election. At such meeting the City Coun-
cil shall canvass the returns, and in the absence of a declara-
tion of a contest by any of the candidates in such election,
shall declare the result of the election by the returns made by
the clerk and inspectors for said election.
8th. The Mayor of the City of Delray Beach is hereby re-
quested to call this primary election by procleme_tion published
in a newspaper of general circulation published in the City of
Delray Beach, for two consecutive weeks prior to such election.
PASSED in regular session on second and final reading on
this the 13th day of Octeber , A. D. 1951.
Attest: Approved:
CitY Clerk'
~ May~or
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