Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 9F_4/7/1993 =- r VILLAGE OF TEQUESTA P'' Post Office Box 3273 • 357 Tequesta Drive Tequesta,Florida 33469-0273 • (407)575-6200 �' `.� � �: 4 • C Fax: (407)575-6203 TIAMN OU MEMORANDUM: TO: Village Council ��- ��` FROM: Thomas G. Bradford, Village Manager / DATE : April 1, 1993 SUBJECT: Vacancy in Candidacy Ordinance; Agenda Item Pursuant to your request made at the February 11, 1993, Village Council Meeting, attached hereto, please find an Ordinance ready for first reading that addresses vacancy in candidacy as required by Florida Law. The attached Ordinance establishes procedures whereby in the event there is only one remaining candidate due to death, withdrawal or removal of other qualified candidates, a Special Election would be held following the procedures enumerated within the Ordinance. It is recommended that the Village Council adopt this Ordinance on first reading. TGB/krb Attachment Recycled Paper ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES AT ARTICLE II, SO AS TO PROVIDE . A PROCEDURE FOR CALLING A SPECIAL ELECTION IN THE EVENT OF A VACANCY IN CANDIDACY CAUSED BY THE DEATH, WITHDRAWAL OR REMOVAL OF A CANDIDATE FOLLOWING THE END OF THE QUALIFYING PERIOD RESULTING IN ONLY ONE CANDIDATE REMAINING FOR THAT OFFICE; PROVIDING A PROCEDURE IN THE EVENT NO CANDIDATE REMAINS FOR OFFICE; PROVIDING, FOR . SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the legislature of the State of Florida has provided at Section 166.031(6) , Florida Statutes, that each municipality shall by ordinance or charter provision provide procedures for filling a vacancy in candidacy caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office; and WHEREAS, neither the Charter nor the Code of the Village of Tequesta include provisions for the filling of a vacancy in candidacy in instances such as that referenced in F.S. 166.031(6) ; and WHEREAS, in order to establish •a procedure to meet the conditions required by Florida law, it is deemed necessary by the Village to amend its Code of Ordinances so as to include a provision for filling a vacancy in candidacy. NOW THEREFORE BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Chapter 2 of the Code of Ordinances of the Village of Tequesta, relating to Administration, is hereby amended at Article II, Section 2-16, Eligibility for office, to include new subsections (d) , (e) , (f) and (g) to read as follows: "(d) (1) In the event a vacancy in candidacy for election as council person 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 sixty (60) days nor more than one hundred twenty (120) days after the vacancy in the candidacy has occurred. (d) (2) If a special election is called pursuant to subsection (d) (1) in the manner described above, a supplemental qualifying period shall be established beginning on the day the vacancy in the candidacy has occurred and ending at noon on the forty-sixth 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 required by the Village Charter, accompanied by such qualifying fees as required, prior to the end of the supplemental qualifying period. (d) (3) The remaining candidate for that office shall not be required to re-qualify for election or pay a second qualifying fee. The remaining candidate shall not be declared an unopposed candidate under Chapter 106, Florida Statutes, unless no additional candidate 1 qualifies for election during the supplemental qualifying period. The remaining candidate may continue to accept contributions until he or she is declared unopposed. If he or she is declared unopposed pursuant to this section, he or she shall be declared elected and the special election shall be canceled. (e) (1) 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 twenty-one 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 Village Charter and Code. Any candidate wishing to qualify shall file a qualifying statement and petition required by the Village Charter, accompanied by such qualifying fees as required, no later than noon on the twenty-first day prior to the date of the election. (e) (2) If less than twenty-one 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 council members shall appoint by majority vote a person otherwise qualified to be a council member, and the person so appointed shall serve as council member for the entire term. If the Council does not appoint a person to fill the vacancy within thirty days after the first regular 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 thirty days nor more than ninety days after the initial thirty 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 qualification fee shall not receive a refund of the qualifying fee." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this ordinance are hereby declared severable. Section 3. Repeal of Ordinances in-Conflict All other ordinances of the Village of Tequesta,, Florida, or parts thereof which conflict with this or any part of this Ordinance are repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. _ Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, ,the vote was as follows: 2 ^}' FOR ADOPTION AGAINST ADOPTION • The Mayor thereupon declared the Ordinance duly passed and adopted this _ day of , 1993. MAYOR OF TEQUESTA Earl L. Collings • ATTEST: Village Clerk • JCR\131530R0\VACANCY2.ORD • • • •