HomeMy WebLinkAboutDocumentation_Regular_Tab 11_8/12/2021Agenda Item #11.
Regular Council
STAFF MEMO
Meeting: Regular Council - Aug 12 2021
Staff Contact: Lori McWilliams, Village Clerk Department: Village Clerk
ORDINANCE NO. 13-21, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 2. ADMINISTRATION, ARTICLE V. ELECTIONS, SECTIONS 2-233 AND 2-271 TO
ADJUST THE DATES FOR QUALIFYING FOR MUNICIPAL ELECTED OFFICE, AT THE REQUEST
OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS; FURTHER AMENDING THIS
ARTICLE TO DELETE OBSOLETE TEXT
Palm Beach County Municipal Clerks have been asked by the Supervisor of Election's Office to change
our qualifying dates to end no later than the first Friday in December to accommodate statutory vote -
by -mail requirements. Currently, our qualifying period begins at noon on the first Tuesday in December
through noon on the third Tuesday in December. Changing our dates will allow the elections office
ample time to program the necessary elections, create and proofread the ballot language, submit ballot
templates to participating municipalities for approval, print vote -by -mail ballots, prepare those ballots
for mailing and allows sufficient time for mailing and processing military and overseas ballots. Failure
to amend our qualifying period may result in the inability of the SOE to accommodate our election.
RECOMMENDATION:
My recommendation is to hold our qualifying period beginning at noon on the first Tuesday in
November through noon on the third Tuesday in November. Any later date, will place our two -
week qualifying period during the Thanksgiving week holiday; a time when many residents travel out of
town, have friends and family in town and Village Hall is closed (Thanksgiving and the day after).
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
SOE Charter Recommendations Letter 6-10-21
Ord 13-21 REVISED Village Code for Qualifying Dates
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Agend" 11/m.pRelections.org
Wendy Sartory Link
m Beach County Supervisor of Elections
Dear Municipal Clerks, Commissions, and Councils,
Congratulations to those of you who participated in a successful 2021 election cycle! The recent March
Elections demonstrated the municipalities' commitment to democracy and to the voters of Palm Beach
County. We were honored to work with you.
The Palm Beach County Supervisor of Elections office (SOE) is committed to facilitating secure, transparent,
and accurate elections. To that end, due to updates in Florida Law in recent years, we have determined that
certain changes in municipal charters and ordinances are necessary to ensure the efficient and cost-effective
administration of future elections.
Qualifying Dates
To accommodate statutory vote -by -mail requirements, the SOE strongly recommends that each municipality
who has not already done so amend its qualifying period so that its qualifying period ends on or before the
95th day before Election Day.
For example, qualifying for the March 8, 2022 election would end no later than Friday, December 3, 2021,
allowing the SOE staff to program the necessary elections, create and proofread the ballot language, submit
ballot templates to participating municipalities for approval, print vote -by -mail ballots, and prepare those
ballots for mailing. We mail the military and overseas ballots 45 days before the election.
Failure to amend the qualifying period may result in the inability of the SOE to accommodate the elections of
those municipalities. Our system does not allow us to "close" or move forward one city at a time, so any delay i
by one municipality results in our inability to move forward with the others.
Runoff Elections
While many municipalities no longer hold runoff elections, several still maintain provisions requiring a majority
vote to win an election. Many municipalities have mentioned to us that the runoff elections are detrimental to
their budgets because often the municipality has not budgeted for that expense. With so few holding runoff
elections, the municipality does not benefit from the same degree of cost sharing as a Uniform Municipal
Election that is held simultaneously with other municipalities. The county does not fund the municipal
elections.
Please understand that we are happy to hold runoff elections, but are cognizant of the cost burden it places
on municipalities. If you determine that you no longer wish to have runoff elections, please revise your
charters or ordinances accordingly.
240 South Military Trail. West Palm Beach. FL 33415 1 Post Office Box 22309, West Palm Beach. FL 33416
Telephone: 561.656.62001 Fax Number: 561,656.6287
Agen
Polling Locations
Am
endy Sartory link
Beach County supervisor of Elections
eIections.org
It has come to our attention that some charters include provisions requiring specific polling locations or
specifying that polling locations be within city or town limits. While this may not present an issue for stand-
alone elections, when municipalities wish to participate in uniform or countywide elections, this becomes
logistically problematic and expensive, if not impossible. The SOE urges municipalities to remove any
provisions to this effect, as it will be impossible to guarantee specific polling locations in future elections if the
municipality is joining a countywide election.
Single Canvassing Board for Uniform Municipal Elections
The final question presented for consideration by the municipalities is the designation of the Palm Beach
County Supervisor of Elections as the official Supervisor of each Uniform Municipal Election, such that one
single Canvassing Board may be empowered to canvass all of the municipal elections held simultaneously on a
given day. The municipal clerks would still be qualifying officers for their municipality's candidates.
This is an optional service, and each municipality can make its own determination as to whether they want to
designate the Palm Beach County Supervisor of Elections as the official Supervisor of their election. As
required under the Florida election laws, at least one (1) member of the Canvassing Board is required to be
present during activities such as the pre -election testing of tabulation equipment (the Logic and Accuracy
test), opening, tabulation, duplication, and the canvassing of ballots. A municipality may choose to maintain its
own Canvassing Board; however, if they choose to do so, the Supervisor of Elections may elect not to serve as
a Canvassing Board member for that municipality.
In some municipalities, an election may be required in order to make these changes. The Secretary of State
has called for a Special Primary Election on November 2, 2021, for the U.S. House of Representatives District
20 seat. While this district may not include a municipality that would be required to have an election, we will
be happy to accommodate a municipality that wishes to do so. (If the municipality is within Congressional
District 20, it would also result in a cost savings to that municipality.) Please let the Supervisor of Elections
know by July 15, 2021, whether your municipality plans to participate in the November 2, 2021 election. We
will not be able to hold an election outside of this date.
240 South Military Trail, West Palm Beach. FL 334151 Post Office Box 22309, West Palm Beach, FL 33416
Telephone: 561.656.62001 Fax Number: 561.656.6287
Agenda, 11.
WendySartorylink
Palm Beach County Suoeruisor of Elections
www.obcelections.org
Again, congratulations on a successful election season. The Palm Beach County Supervisor of Elections looks
forward to many future elections in partnership with our local governments.
Sincerely,
Wendy Sartory Link
Supervisor of Elections Palm Beach County
240 South Military Trail, West Palm Beach, FL 33415 1 Post Office Box 22309, West Palm Beach, FL 33416
Telephone: 561.656.62001 Fax Number: 561.656.6287
Agenda Item #11.
ORDINANCE NO. 13-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES
AT CHAPTER 2. ADMINISTRATION, ARTICLE V. ELECTIONS, SECTIONS 2-
233 AND 2-271 TO ADJUST THE DATES FOR QUALIFYING FOR MUNICIPAL
ELECTED OFFICE, AT THE REQUEST OF THE PALM BEACH COUNTY
SUPERVISOR OF ELECTIONS; FURTHER AMENDING THIS ARTICLE TO
DELETE OBSOLETE TEXT; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION 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, Chapter 2, Article V, Sections 2-233 and 2-271 of the Village Code of
Ordinances sets the dates for qualifying for village municipal elections from and including noon on the
first Tuesday in December to and including noon on the third Tuesday in December; and
WHEREAS, the Village of Tequesta has, as have other municipalities in Palm Beach County,
been requested by the Palm Beach County Supervisor of Elections (SOE) to move its municipal election
qualifying period to an earlier period that provides sufficient time for the SOE to process vote by mail
ballots; and
WHEREAS, the Village Council has reviewed its qualifying period, the SOE request and
additional infonnation from the Village Clerk, and desires to adjust the qualifying period dates for the
Village's municipal election; and
WHEREAS, moving the dates of the Village's qualifying period requires an amendment to
Chapter 2, Article V, Sections 2-333 and 2-271 of the Village Code of Ordinances; and
WHEREAS, the Village Council believes these amendments to its Code of 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 foregoing facts and recitations contained in the preamble to this Ordinance
are hereby adopted and incorporated by reference as if fully set forth herein.
Section 2: Chapter 2. Administration. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article V. Elections. Division 1. Generally. at Section 2-233 to revise qualifying
Page 123 of 475
Agenda Item #11.
period dates to conform with a request from the Palm Beach County Supervisor of Elections; providing
that Chapter 2, Article V, Division 1, Section 2-233 shall hereafter read as follows:
ARTICLE V. - ELECTIONS
o DIVISION 1. - GENERALLY
o Sec. 2-233. - Village election dates, qualifying periods, and runoff election dates in
years of statewide or countywide presidential preference primary elections.
o 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 statewide 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
election, the village shall hold its village election concurrently with any statewide or
countywide presidential preference primary elections in vears when those occur, and
shall 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 in years when such presidential preference primary elections occur.
(1) FeF MHROEipaleleEt+ensthat eeeH-afteF2016, The municipal election qualifying period
shall begin at noon on the first Tuesday in November per and shall end at noon on the
third Tuesday in November Peremberr in the year immediately preceding the election.
(2) The 2024 2029 municipal election shall occur on March 19 4-7, 2024 2020, and no
candidate may take office until the election has concluded.
(3) If candidates for any office in 2024 2029 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 A rile,MaFeh 31, 202G.
(b) When a presidential preference primary election occurs in future years after 2024, the village
council shall set a concurrent election date, qualifying period, and date of run-off election by
separate ordinance.
Section 3: Chapter 2. Administration. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article V. Elections. Division 3. Candidates. at Section 2-271 to revise qualifying
period dates to conform with a request from the Palm Beach County Supervisor of Elections; providing
that Chapter 2, Article V, Division 3, Section 2-271 shall hereafter read as follows:
Page 124 of 475
Agenda Item #11.
ARTICLE V. - ELECTIONS
DIVISION 3. CANDIDATES
Sec. 2-271. - Qualifying period.
o Any candidate seeking election as councilmember shall file with the village clerk a
written notice to such effect from and including noon on the first Tuesday in
November DPrPmhPr to and including noon on the third Tuesday in November
per in the year immediately preceding the election.
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 be and the same are hereby
repealed.
Section 6: 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 7: Specific authority is hereby granted to codify this Ordinance.
Section 8: This Ordinance shall take effect immediately upon adoption.
Page 125 of 475