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Home My WebLink AboutOrdinance_02-25_5/8/2025 ORDINANCE NO. 02-25 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, DIVISION 1. SECTION 2-234 "ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS" TO ALLOW THE VILLAGE TO OPT OUT OF PROCEDURES FOR THE ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS WHEN REQUESTED BY THE VILLAGE CLERK; ALSO AMENDING DIVISION 2. SECTION 2-251 "INSPECTORS; OTHER ELECTION WORKERS" TO ADD THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AS BEING AUTHORIZED TO APPOINT POLL WORKERS FOR VILLAGE POLLING PLACES; ALSO AMENDING DIVISION 3. SECTION 2-273 "VACANCY IN CANDIDACY, OR PRIOR TO TAKING OFFICE" TO ADD EXAMPLES OF RESIDENCY PROOF REQUIREMENTS; CREATING SECTION 2-270. — QUALIFICATIONS TO DESCRIBE QUALIFIACTIONS FOR CANDIDACY AND PROVIDE EXAMPLES OF RESIDENCY PROOF REQUIREMENTS; 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, the Village Council recognizes the need to provide flexibility in campaign finance reporting by allowing the Village Clerk to opt out of electronic filing of campaign finance reports when no suitable platform is available, and WHEREAS, the Village Council finds it necessary to update and clarify the process for appointing election workers to align with current practices used by the Palm Beach County Supervisor of Elections; and WHEREAS, the Village Council finds these amendments to its elections code are in the best interest of the Village and its residents, and that they promote transparency, efficiency, and effective election management. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT Section 1: Chapter 2. Administration, Article V. Elections, Division 1. Section 2-234 "Electronic Filing of Campaign Finance Reports" is hereby amended by adding an entirely new subsection (d) which will allow the Village Council to opt out of electronic campaign finance reporting at the request of the Village Clerk; providing that Sec. 2-234 shall hereafter read as follows: 1 Chapter 2. ADMINISTRATION ARTICLE V. ELECTIONS DIVISION 1. GENERALLY Sec. 2-234. - Electronic filing of campaign finance reports. (a) Candidates for Village Council shall file campaign finance reports electronically with the Village Clerk. The Village Clerk shall determine the required format for the campaign finance reports and shall provide copies of the form upon request. For purposes of this section, "campaign finance reports" or "reports" shall mean the reports required of the campaign treasurers of candidates pursuant to Section 106.07, Florida Statutes. Reports shall be completed and filed in accordance with the requirements of Section 106.0705(3), Florida Statutes. (b) A candidate who fails to comply with the requirements of this section and applicable state statutes shall be subject to the penalties established by Section 106.07(8), Florida Statutes. (c) The Village Clerk shall provide technical assistance to candidates regarding the electronic filing requirements contained in this section. dM The village council may opt out of the requirement for the electronic filing of campaign finance reports (subsections a-c above) at the request of the village clerk. Section 2: Chapter 2. Administration, Article V. Elections, Division 2. Section 2-251 "Inspectors; Other Election Workers" is hereby amended to add the Palm Beach County Supervisor of Elections as being authorized to appoint poll workers for Village polling places; providing that Sec. 2-251 shall hereafter read as follows: Chapter 2. ADMINISTRATION ARTICLE V. ELECTIONS DIVISION 2. PERSONNEL Sec. 2-251. — Inspectors; other election workers. The village clerk or the Palm Beach County Supervisor of Election shall at least 30 days prior to any general or special election appoint or hire as many inspectors of election or other election workers as deemed necessary, who shall, whenever possible, be qualified voters in the village, and it shall be their duty to open and close the polls. The inspectors of election and/or other election workers shall assist the clerk in the conduct of the election. 2 Section 3: Chapter 2. Administration, Article V. Elections, Division 3. Section 2- 273 "Vacancy in candidacy, or prior to taking office" is hereby amended to add examples of residency proof requirements; providing that Sec. 2-273 shall hereafter read as follows: Sec. 2-273. - Vacancy in candidacy, or prior to taking office. (a) If a vacancy in candidacy for election as councilperson occurs because no candidate qualified for the office in question, or because no qualified candidate remained on the ballot as a candidate for the office in question, thus creating a vacancy on the village council following the election, then, in accordance with section 2.0` (A) of the Village Charter, the village council may, by majority vote of the remaining councilmembers, appoint a qualified elector to hold such office until the next available general election at which time a successor councilmember shall be elected to hold such office for any remaining unexpired term of the previously vacant office. (b) The criteria for selection of an appointed councilmember under subsection (a) above are as follows: (1) Be a qualified elector of the Village of Tequesta pursuant to Village Charter SeGLioil 2.02; and (2) Be a resident of the Village of Tequesta for a minimum of one continuous year prior to being appointed; and (3) Submit a resume and letter of interest to the village clerk pursuant to any deadline for submissions that has been advertised by the Village; and (4) Agree to resign any currently held Village of Tequesta board or committee position immediately upon appointment becoming effective. (5) Satisfactory proof of having met the residency requirements required by the Village Charter and this chapter shall include submission of at least one of the following items, in the name of the candidate for the one-year period prior to the date of the election for which the candidate is qualifying_ 3 a Village of Tequesta utility bill in the candidate's name or a rental/lease agreement in the candidate's name and showing the rental date range. Candidates shall also submit documentation that they are a qualified elector. (c) In the event of a vacancy caused by resignation, death, or forfeiture of office pursuant to action 2.t; (B) of the Village Charter, which occurs subsequent to an election but before the council member elect takes the oath of office required by _,uo n 2.03 of the Village Charter, then such vacancy shall be filled in accordance with the procedures set forth in subsection (a) above, and the criteria set forth in subsection (b) above. (d) If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period results in only one candidate remaining qualified for that office, such remaining qualified candidate shall be declared an unopposed candidate. (e) Reserved. (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 4: Chapter 2. Administration, Article V. Elections, Division 3. - Candidates is hereby amended to create an entirely new Section 2-270.- Qualifications describing qualifications for candidacy and providing examples of residency proof requirements; providing that Sec. 2-270 shall hereafter read as follows: Sec. 2-270. — Qualifications. In accordance with Section 2.02 of the Village of Tequesta Charter no person shall be eligible to hold any elective office of the Village unless said person shall be a qualified elector and resident of the Village for a 4 minimum of one (1) continuous year prior to qualifying. Satisfactory proof of having met the residency requirements required by the Village Charter and this chapter shall include submission of at least one of the following items, in the name of the candidate, for the one-year period prior to the date of the election for which the candidate is qualifying: Satisfactory proof of having met the residency requirements required by the Village Charter and this chapter shall include submission of at least one of the following items, in the name of the candidate, for the one-year period prior to the date of the election for which the candidate is qualifying: a Village of Tequesta utility bill in the candidate's name or a rental/lease agreement in the candidate's name and showing the rental date range. Candidates shall also submit documentation that they are a qualified elector. Section 5: Each and every other section and subsection of Chapter 2. Administration of the Village of Tequesta Code of Ordinances shall remain in full force and effect as previously adopted. Section 6: All ordinances or parts of ordinances in conflict with this ordinance are repealed. Section 7: 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 8: Specific authority is hereby given to codify this ordinance into the Code of Ordinances of the Village of Tequesta. Section 9: This ordinance will take effect immediately upon adoption. 5 ♦ L ORDINANCE DATE 02-25 05/08/25 MOTION Council Member Laurie Brandon SECOND Council Member Patrick Painter FOR AGAINST ABSENT CONFLICT Mayor Molly Young ❑✓ ❑ ❑ ❑ Vice-Mayor Rick Sartory ❑ ❑ ❑✓ ❑ Council Member Laurie Brandon ❑✓ ❑ ❑ ❑ Council Member Patrick Painter ❑✓ ❑ ❑ ❑ Council Member Jayson E. French ❑✓ ❑ ❑ ❑ The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Molly Young P FOP OAq G''-- .N -': SEAL D- INCORPORATED ATTEST: `c t 4 %ql� ..,....... w— Lori McWilliams, MMC Village Clerk