HomeMy WebLinkAboutDocumentation_Regular_Tab 16_10/10/2019 Agenda Item #16.
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Council
Regular ncil
STAFF MEMO Y ; '1,41
Meeting: Regular Council - Oct 10 2019
Staff Contact: Keith Davis, Village Attorney Department:
TITLE
ORDINANCE 25-19, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE VILLAGE
OF TEQUESTA AT CHAPTER 2. ADMINISTRATION ARTICLE V. ELECTIONS. SECTION 2-233.
TO PROVIDE A MUNICIPAL ELECTION DATE, ELECTION QUALIFYING PERIOD, AND RUN-OFF
ELECTION DATE FOR THE 2020 VILLAGE MUNICIPAL ELECTION CONCURRENTLY WITH THE
2020 PRESIDENTIAL PREFERENCE PRIMARY ELECTION
SUMMARY:
The State Legislature has set the 2020 Presidential Preference Primary (PPP) for Tuesday, March
17, 2020. As such, the Palm Beach County Supervisor of Elections (SOE) has directed all
municipalities to move their March elections from the second Tuesday in March to the third Tuesday
in March. Florida Statutes allows a municipality to amend its municipal charter by ordinance in order
to move the date of any municipal election to a date concurrent with any statewide or countywide
election without the need for a referendum. As such, the attached Ordinance effectively moves the
March 10, 2020 election date to March 17, 2020. Our qualifying period will remain the same - from
Noon on December 3 thru Noon on December 17, 2019.
POTENTIAL MOTION / DIRECTION REQUESTED:
approve Ordinance 25-19 on first reading;
ATTACHMENTS:
Ord 25-19 PPP Amendment for Election Date Ordinance
Page 344 of 414
Agenda Item #16.
ORDINANCE 25-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE CODE OF ORDINANCES OF
THE VILLAGE OF TEQUESTA AT CHAPTER 2. ADMINISTRATION
ARTICLE V. ELECTIONS. SECTION 2-233. TO PROVIDE A MUNICIPAL
ELECTION DATE, ELECTION QUALIFYING PERIOD, AND RUN-OFF
ELECTION DATE FOR THE 2020 VILLAGE MUNICIPAL ELECTION
CONCURRENTLY WITH THE 2020 PRESIDENTIAL PREFERENCE
PRIMARY ELECTION; DIRECTING THE VILLAGE CLERK TO
TRANSMIT A CERTIFIED COPY OF THIS ORDINANCE TO THE PALM
BEACH COUNTY SUPERVISOR OF ELECTIONS; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 5. ELECTIONS. 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.
WHEREAS, Article II, Section 2.01 of the Village Charter sets the date for
village elections as the second Tuesday in March of each year; and
WHEREAS, Article II, Section 2.02 of the Village Charter sets the qualifying
period for Village elections as from and including noon on the first Tuesday in
December to and including noon on the third Tuesday in December in the year
immediately preceding the election.
WHEREAS, in 2020, as previously occurred in 2016, the presidential
preference primary election will fall on the third Tuesday in March; and
WHEREAS, the Village Council previously adopted Ordinance No. 6-15 to
move the Village's 2016 municipal election date to a date concurrent with that year's
presidential preference primary election; and
WHEREAS, holding the village's election on a date concurrent with the
presidential preference primary election requires the village to adopt an ordinance that
establishes the municipal election date, election qualifying period, and run-off election
date for the year when the village holds its municipal elections concurrent with the
presidential preference primary election; and
WHEREAS, sections 100.3605, 101.75, and 166.021, Florida Statutes, permit
the village to amend its code of ordinances to change the date of its village election and
qualifying period by ordinance and without referendum, and
WHEREAS, the Village Council believes these amendments to the code of
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Page 345 of 414
Agenda Item #16.
ordinances are in the best interests of the citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1. The facts and recitations contained in the preamble of this
ordinance are adopted and incorporated by reference as if set forth in this section.
Section 2. The Code of Ordinances of the Village of Tequesta, Florida, is
hereby amended at Chapter 2, Article V, Section 2-233 to provide municipal election
dates and qualifying periods for the 2020 village election that will coincide with the 2020
presidential preference primary election; providing that Section 2-233 shall hereafter
read as follows:
Sec. 2-233. - Village election dates, qualifying periods, and runoff election dates
in years of statewide or countywide presidential preference primary elections.
F.S. § 101.75, delegates authority to the village to move the date and qualifying
period of any village election to a date concurrent with other state or countywide
elections. Notwithstanding the sections of the village charter and code of ordinances
regarding the village election date, election qualifying period, and date of runoff
elections, the village shall hold its village election concurrently with any statewide or
countywide presidential preference primary elections when those occur, and adhere to
the following village election date, qualifying period, and date of runoff election in such
instances:
(a) Beginning in 2016, the village shall hold its municipal election concurrently
with presidential preference primary elections.
(1) For municipal elections that occur after 2016, the municipal qualifying
period shall begin at noon on the first Tuesday in December and end at
noon on the third Tuesday in December in the year immediately preceding
the election.
(2) The 2020 municipal election shall occur on March 17, 2020 and no
candidate may take office until the election has concluded.
(3) If candidates for any office in 2020 receive the highest and equal numbers
of votes cast, the names of the tied candidates shall be placed on a ballot
and voted on at a run-off election on March 31, 2020.
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Agenda Item #16.
(b) When a presidential preference primary election occurs in future years, the
village shall set a concurrent election date, qualifying period, and date of run-
off election by separate ordinance.
Section 3. The village clerk is directed to transmit a certified copy of this
ordinance to the Office of the Palm Beach County Supervisor of Elections.
Section 4. Each and every other section and subsection of Chapter 2.
Administration, shall remain in full force and effect as previously adopted.
Section 5. All ordinances or parts of ordinances in conflict with this ordinance
are repealed.
Section 6. If any section or provision of this ordinance, any paragraph,
sentence or word is declared invalid by a court of competent jurisdiction, the decision
shall not affect the validity of the remainder of this ordinance.
Section 7. Specific authority is hereby given to codify this ordinance into the
Code of Ordinances of the Village of Tequesta, Florida.
Section 8. This ordinance will take effect immediately upon adoption.
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