HomeMy WebLinkAboutLegal Opinion_Turning Peititions in at Noon on Qualifying Date_02/09/2007 ATTORNEYS AT LAW
1111 Hypoluxo Road, Suite 207
JOHN CORBETT TELEPHONE (561) 586 -7116
TRELA J. WHITE TELECOPIER (561) 586 -9611
BRADLEY W. BIGGS *^
KEITH W. DAVIS*
R. MAX LOHMAN
ABIGAIL FORRESTER JORANDBY * Board Certified in City, County and Local Govemment Law
^ State Certified County and Circuit Court Mediator
TO: Lori McWilliams
FROM: Trela J. White, Esq.
RE: Qualifications for Municipal Elections
DATE: February 9, 2010
Pursuant to your inquiry regarding qualifications for the Tequesta municipal elections, I
offer the following:
1. The Village's Charter at Section 2.02 sets forth the requirements for qualifying
for elective office within the Village. Specifically, this section reads as follows:
Section 2.02. Qualifications and Disqualifications.
No person shall be eligible to hold 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.
(Ord. No. 622- 07/08, § 1, 12 -13- 2007/3 -11 -2008)
2. By the plain wording of the Charter provision, individuals seeking to qualify must
"file" written notice of their intent to stand for election with the Village Clerk on or before noon
on the second Tuesday in February in the year of the election. Such notice must be signed by at
least fifty (50) registered voters of the Village of Tequesta. Nothing in this section of th� Charter
indicates that the names of the fifty (50) registered voters must be verified by the Office of the
Supervisor of Elections prior to "filing"the notice with the Village Clerk.
3. If the individual seeking to qualify does not have the names of the fifty (50)
registered voters certified by the Office of the Supervisor of Elections prior to submitting them to
the Village Clerk, that individual runs the risk that one or more of the names he has submitted
may not be an actual registered voter and if any disqualified name reduces the number of
registered voters to less than fifty(50), the individual will not be qualified to seek elective office.
4. The Charter section that controls this facet of the election does not require
certification by the Office of the Supervisor of Elections prior to filing but the candidate is taking
a risk if he does not have the list of fifty (50) signatures pre-certified.
Should additional information be desired, please advise.
Y:\docs\Tequesta\Letters&Memos\Memo to Lori McWilliams-Elections-2-9-2010.doc