HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 01_11/17/2021Agenda Item #1.
Special Council Meeting
STAFF MEMO
Meeting: Special Council Meeting - Nov 17 2021
Staff Contact: Keith Davis, Village Attorney Department: Legal
mm� 11
Council Discussion and Approval of Reopening the March 8, 2022 Election Qualifying Period for Village
Council Seat 1 per Sec. 2-273(d) of the Village Code
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.
Vacancy in Candidacy Code
Page3of5
111 /16/2 , 4.41 PM M 1 Tequesta, FL Code of Ordinances
Agenaa te # .
Sec. 2-273. - Vacancy in candidacy.
(a) If a vacancy in candidacy for election as councilperson caused by the death, withdrawal or
removal of a candidate following the end of the qualifying period results in only one candidate
remaining for that office, a special election shall be scheduled by the village council not less than
60 days and not more than 120 days after the vacancy in the candidacy has occurred.
(b) If a special election is called pursuant to subsection (a) of this section, a supplemental qualifying
period shall be established beginning on the day the vacancy in the candidacy has occurred and
ending at noon on the 46th day prior to the date of the special election. Any candidate wishing to
qualify during this supplemental qualifying period shall file a qualifying statement and petition as
required by the Charter, accompanied by such qualifying fees as required, prior to the end of the
supplemental qualifying period.
(c) The remaining candidate for that office shall not be required to requalify for election or pay a
second qualifying fee. The remaining candidate shall not be declared an unopposed candidate
under F.S. ch. 106 unless no additional candidate qualifies for election during the supplemental
qualifying period. The remaining candidate may continue to accept contributions until he is
declared unopposed. If he is declared unopposed pursuant to this section, he shall be declared
elected and the special election shall be canceled.
(d) If the death, withdrawal or removal from the ballot of a qualified candidate following the end of
the qualifying period results in no candidates for an office, and more than 21 days remain prior to
the date of the election, qualifying shall be reopened to allow candidates to qualify for the
election to that office in accordance with the Charter and this Code. Any candidate wishing to
qualify shall file a qualifying statement and petition as required by the Charter, accompanied by
such qualifying fees as required, no later than noon on the 21 st day prior to the date of the
election.
(e) If less than 21 days remain to the election date after the death, withdrawal, or removal from the
ballot of the lone qualified candidate for an office, and if a vacancy shall result on the village
council, the remaining councilmembers shall appoint by majority vote a person otherwise
qualified to be a councilmember, and the person so appointed shall serve as councilmember for
the entire term. If the village council does not appoint a person to fill the vacancy within 30 days
after the first regular village council meeting held after the vacancy has occurred, a special
election shall be held in order to fill the vacancy for the unexpired portion of the entire term. The
special election shall be held not less than 30 days and not more than 90 days after the initial 30-
day period has expired.
(f) The name of any qualified candidate who has withdrawn, died or been removed from the ballot
shall not be printed on the ballot. If the ballot cannot be changed, any votes for that candidate
shall be null and void.
(g) A candidate withdrawing or being removed from the ballot after having qualified and paid the
Page 4 9152
111 /16/2 , 4.41 PM M 1 Tequesta, FL Code of Ordinances
Agenaa te # .
qualification fee shall not receive a refund of the qualifying fee.
(Code 1977, § 2-16(d) (g))
Charter reference Eligibility for elective offices, § 2.02.
State Law reference Filling vacancies, F.S. § 166.03(6).
Page 5 9152