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DETERMINING SUCCESSFUL CANDIDATE — HIGHEST NUMBER OF VOTES
Tequesta Section 2.01, Selection Term and Compensation
Palm Beach Section 5.05, Elections; Multiple Candidates
Jupiter Island Section 4.5, Voting
Gulf Stream Section 5.05, Elections
Manalapan Section 5.06, Regular Town Elections, Subparagraph (D)
Model Charter Section 5.05, Elections
ARTICLE II. THE VILLAGE COUNCIL
Section 2.01. Selection, Term and Compensation.
The Village Council of the Village of Tequesta shall consist of five (5) members who shall be
elected at large to Seats 1, 2, 3, 4 and 5. The Councilmembers in Seats 1, 3 and 5 shall be elected in
the even years, and the Councilmembers in Seats 2 and 4 shall be elected in the odd years. The
election shall be held on the second Tuesday in March of each year. Only qualified electors, as
prescribed herein, shall be entitled to vote at such elections.
The term of office of each Councilmember shall commence at the next Council meeting
subsequent to the date of the Councilmember's election and shall continue for two (2) years thereafter
and /or until the Councilmember's successor is elected and qualified.
Each Village Councilmember shall be entitled to an annual salary to be fixed by ordinance;
provided, however, a Councilmember shall not be entitled to any increase in salary adopted during the
term for which such Councilmember was elected.
The candidate for each seat receiving the highest number of votes cast for such office shall be
deemed elected to such office regardless of whether or not such candidate shall have received a
majority of votes cast. In the event of a tie vote between the candidates receiving the highest number of
votes cast for any office, the names of all tied candidates shall be placed on the ballot and shall be
voted upon at an ensuing runoff election to be held on the fourth (4th) Tuesday in March. Such election
shall be held in the same manner and by the same election officials holding the previous election.
Section 2.02. Qualifications and Disqualifications.
No person shall be eligible to any elective office of the Village unless said person shall be a
registered voter and resident of the Village. Any Village Councilmember who ceases to possess these
qualifications shall forthwith forfeit his or her office.
Any candidate seeking election as Councilmember shall file with the Village Clerk a written
notice to such effect from and including noon on the last Tuesday in January to and including noon on
the second Tuesday in February in the year of the election, and shall pay such filing fee as set by
ordinance. Such notice shall be signed by at least fifty (50) registered voters of the Village of Tequesta
and shall state the seat number to which said candidate seeks to be elected, the candidate's place of
residence, the candidate's age and any other data required by law.
Section 2.03. Oath of Office.
Each Councilmember, before entering upon the discharge of the duties of office, shall take and
subscribe the following oath before the Village Manager or presiding officer of the Council, viz:
"I do solemnly swear (or affirm) that I will support, protect and defend the Constitution, and
Government of the United States and of the State of Florida against all enemies, domestic or
foreign, and that I will bear true faith, loyalty and allegiance to the same and that I am entitled to
hold office under the Constitution and that I will faithfully perform all the duties of the office of
on which I am about to enter so help me God."
Section 2.04. Removal /Recall.
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PARTICLE V. QUALIFICATIONS AND ELECTIONS*
*State law references: Florida election code, F.S. chs. 97 - -106.
Sec. 5.01. General Elections.
General elections shall be held on the first Tuesday after the first Monday of each February.
Sec. 5.02. Nonpartisan Elections.
All qualifications and elections for the offices of Mayor and Town Council shall be conducted on
a nonpartisan basis without regard to the designation of political party affiliation.
Sec. 5.03. Qualifications.
Candidates for the office of Mayor or Town Council shall qualify for such offices by:
(a) Being nominated by an elector of the Town, and seconded by at least two (2)
electors, at the Town caucus to be held on the first Tuesday after the first Monday of
January of each year; and
(b) Being endorsed by a petition signed by at least twenty -five (25) electors, filed with
the Town Council not more than ten (10) days subsequent to such caucus.
Sec. 5.04. Form of Ballots.
The Town Council shall, by resolution, prescribe the form of the ballot for all elections, including
the method of listing candidates for Mayor and Town Council.
(Ord. No. 18 -99, § 1, 12- 14 -99)
Sec. 5.05. Elections; Multiple Candidates.
When two (2) or more persons qualify as candidates for the office of Mayor or for the office of a
Town Council member, the person receiving a majority of the votes cast shall be declared to have been
elected. If no person received a majority of the votes cast, there shall be a runoff election, to be held
two (2) weeks subsequent to the general election, between the two (2) candidates receiving the largest
number of votes cast in the general election, and the person receiving the larger number of votes castin
such runoff election shall be declared elected and shall assume office at the same time and in the same
manner as those elected at the general election.
Sec. 5.06. Recall.
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CHARTER § 5.1
Section 4.3. Qualification of Candidates for Town Commission.
A candidate for the office of Town Commissioner must be a registered voter and resident of
the Town of Jupiter Island and must register with the Town Clerk between February 16 and
March 1 of the year of election.
Section 4.4. Form of Ballot.
The Town Commission shall prescribe the form of the ballot for all Town Elections.
Section 4.5. Voting.
When there are more candidates for the office of Town Commissioner than there are open
positions, the persons receiving a plurality of the votes cast shall be declared to have been
elected.
In the event a vacancy in candidacy is caused by death, withdrawal or removal of a
candidate subsequent to the candidate qualifying pursuant to the procedures established by
the Town, so as to leave fewer candidates than open positions for the office in which the
vacancy in candidacy has occurred, then and in that event, the remaining candidate or
candidates shall be considered elected. In the event the vacancy in candidacy leaves fewer
candidates remaining than open positions, the Town Commission may fill the vacancy in office
pursuant to the provisions of Section 3.4 of this Charter.
Section 4.6. Qualification of Electors.
Any person who is a resident of the Town, who has qualified as an elector of this state, and
who registers in the manner prescribed by general law and ordinance of the Town shall be a
qualified elector of the Town..
Section 4.7. Recall.
There shall be no power of recall or removal from office of any elected official of the Town
except as provided by the Laws of the State of Florida.
Section 4.8. Charter Amendments.
This Charter may be amended in accordance with the provision for charter amendments as
specified in the Municipal Home Rule Powers Act, Chapter 166, Florida Statutes, or its
successor. The form, content and certification of any petition to amend shall be established by
ordinance.
ARTICLE V. TOWN MANAGER
Section 5.1. Appointment.
The Town Manager shall be appointed by the Town Commission by resolution, which
resolution shall be adopted by a majority of all members of the Town Commission. The Town
Manager shall serve at the pleasure of the Town Commission and may be removed from office
by resolution adopted by a majority of all members of the Town Commission.
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CHARTER
the Town shall be presented for voting by ballot
title. The ballot title of a measure may differ from
its legal title and shall be a clear, concise state-
ment describing the substance of the measure
without argument or prejudice.
Section 5.05. Elections.
Town elections shall be held on the second
Tuesday in March. The election of candidates for
the office of Commissioner shall be determined
solely on the basis of a plurality of votes cast at
the election and shall not be a run -off system of
voting. If for any reason an elected candidate
refuses to acknowledge or accept the campaign
seat or term of office which he has been elected to,
then that Commission seat and term of office
shall be awarded to the candidate who received
the next largest number of votes cast at the
election. In case all vacancies on the Commission
cannot be filled in this manner, the Commission
shall elect a person or persons to fill such vacan-
cies.
ARTICLE VI. TRANSITION SCHEDULE
Section 6.01. Ordinances preserved.
All ordinances in effect upon the adoption of
this Charter, to the extent not inconsistent with
it, shall remain in force until repealed or changed
as provided herein.
Section 6.02. Rights of officers and employ-
ees.
Nothing in this Charter except as otherwise
specifically provided shall affect or impair the
rights or privileges of persons who are Town
officers or employees at the time of adoption.
Elected officers shall continue to hold their offices
and discharge the duties thereof until successors
are elected.
Section 6.03. Pending matters.
All rights, claims, actions, orders, contracts
and legal or administrative proceedings involving
the Town shall continue except as modified pur-
suant to the provisions of this Charter.
CHT:5
(Amended, June 11, 2002)
Sec. 5.04. Qualification.
Candidates for the office of Commissioner shall be eligible as
provided in Article III of this Charter and shall qualify as a candidate
to stand for election to such office by timely filing of a written
certificate of qualification with the Town Clerk at such time,
containing such information and representations, and in such form and
in such manner as may be prescribed by ordinance, and if there be no
ordinance prescribing the same, or if qualifying procedures are
prescribed by Florida general law, then by timely filing with the Town
Clerk compliance with the procedures established to qualify as a.
candidate to stand for election to municipal office or Florida elective
office if no such procedures are established for municipal office.
Statutory reference:
Candidates, see Fla. Stat. Ch. 99
Cross - reference:
- Selection of Commissioner when elected Commissioner declines to
serve. see � 34.04
Sec. 5.05. Form of Ballots.
So long as not inconsistent or in conflict with this Charter or with
applicable Florida general law, the Town Commission, by ordinance,
may prescribe the form of ballot including the method for listing
candidates for Town Commission elections and any other Town
elections. If no form of ballot is so prescribed, the form of ballot then
in use in Florida general elections shall obtain for all elections,
including but not limited to the Town Commission election, except
said form shall not obtain for charter amendment election ballots. A
charter amendment to be voted on by the Town shall be presented for
voting by ballot title. The ballot title of a charter amendment may
differ from its legal title and shall be a clear, concise statement
describing the substance of the charter amendment without argument
or prejudice. Below the ballot title shall appear the following
question. "Shall the above described amendment be adopted ?"
Immediately following such question shall appear a space or means
clearly identified for the voter's choice to be made.
Statutory reference:
Ballots, see Fla. Stat. Ch. 101
Sec. 5.06. Regular Town Elections.
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Regular Town elections shall be held on the first (1 st) Tuesday in
March of each year or at such other time as the Town Commission
may set by ordinance. No such elections shall be held if there is no
candidate, issue or matter to be submitted to the qualified Town
electors for election, resolution or decision. The regular Town
elections shall include elections for the offices and seats for the Town
Commission and Mayor. In the Town Commission and Mayor
election, the following shall control.
A. In the event of a tie, a runoff election will be conducted on
the Tuesday two (2) weeks after the date of the election.
B. Each eligible and qualified candidate for a Town Commission
or Mayor seat not opposed by another eligible and qualified candidate
for the same office and seat shall be deemed elected, and no election
pertaining to such office and seat shall be conducted; if all eligible
and qualified candidates are not opposed by another eligible and
qualified candidate, then such candidates shall be deemed elected, and
no election shall be conducted.
C. If a Commissioner or Mayor does not stand for re- election
and there is no duly elected successor to this seat, said office or seat
shall be deemed vacant and filled in the manner prescribed in Sec.
3.08. of this Charter for the filling of vacancies.
D. If only two (2) candidates are eligible and qualify to stand
election for the same office or seat to be filled, the candidate receiving
the majority of the votes cast shall be elected. If more than two (2)
candidates are eligible and qualified to stand election for the same
office or seat to be filled and none receives a majority of the votes
cast, there shall be a run off election of the two (2) candidates
receiving the highest numbers of votes on the Tuesday two (2) weeks
after the date of the election.
(Amended, June 11, 2002)
ARTICLE VI. GENERAL PROVISIONS
Sec. 6.01. Charter Amendment.
This Charter may be amended in either of two (2) ways:
A. Initiation by ordinance. The Town Commission may, by
ordinance, propose amendments to any part or all of this Charter,
except Article II, prescribing boundaries, and upon passage of the
initiating ordinance, shall place the proposed amendment to a vote of
the qualified Town electors at the next general election, held within
the Town or at the next regular Town election or at a special election
called for such purpose in accordance with law, whichever is first.
Amendment of Article II resulting from annexation or contraction
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S5.05 - Elections
(a) Multiple Candidates When two (2) or more persons
qualify as candidates for the office of city council for any of
the designated seats of the city council to be filled *, the person's
name who so qualified shall appear on the ballot and be voted upon
at a first (lst) nonpartisan primary election to be held on the
in and the two ( 2 ) persons receiving
the highest number of votes cast for each designated seat on the
city council shall be declared candidates for each of such designated
seats and shall be voted upon at the regular city election to be
held on the in and the person
receiving.the 4 ghost number of votes cast at such regular city
election shall be declared elected; provided that if any candidate
in the first (1st) nonpartisan primary election receives a
' majority of the votes cast for a designated seat, such candidate
shall be declared elected without the necessity of being voted
upon in the regular city election and shall assume office at
i the same time and in the same manner as those elected in the
J{ regular city election.
(b) Single Candidates In the event not more than
one (1) person qualifies as a candidate, either for ballot listing
or write -in, fora designated seat on the city council* to be
filled at an election, that seat shall not be Listed on the first
(1st) nonpartisan primary or regular city election ballot. Each
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unopposed candidate shall be deemed to have voted for himself.
*[Add "or mayor" if alternative 2 of S3.05 is selected]
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S5.06 - Council Districts; Adjustment of Districts
l (a) Number of Districts There shall be five (5)
city council districts.*
(b) Districting Commission By the first (1st) day
of the month following official certification of the decennial
census to the state, the city council shall appoint ten (10) **
city electors, determined from the registration for the last
statewide general election, who shall comprise the districting
f commission. Electors chosen shall not be employed by the city
1 in any other capacity.
(c) Report; Specifications Within one - hundred twenty
(120) days of appointment, the districting commission shall file
with the official designated by the council, a report containing a
recommended plan for adjustment of the council district boundaries
to comply with these specifications:
(1) Each district shall be formed of compact, contiguous
territory, and its boundary lines shall follow the center lines of
s
streets;
(2) The districts shall be based upon the principal
of equal and effective representation as required by the United
States Constitution and as represented in the mathematical
preciseness reached in the legislative apportionment of the state;
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