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VILLAGE CLERK'S OFFICE
AGENDA ITEM ROUTING SHEET .�t�- _,.
Meeting Date: Meeting Type: Regular Ordinance #: 06-15
05-14-2015 Consent Agenda: No Resolution #:
Originating Department: Clerk
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ORDINANCE 06-15, FIRST READING�AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER
2. ADMINISTRATION; ARTICLE V ELECTIONS. to add aN ENTIRELY new section 2-233. TO PROVIDE A
MUNICIPAL ELECTION DATE, ELECTION QUALIFYING PERIOD, AND RUN-OFF ELECTION DATE FOR
YEARS WHEN THE VILLAGE HOLDS ITS MUNICIPAL ELECTIONS CONCURRENTLY WITH
PRESIDENTIAL PREFERENCE PRIMARY ELECTIONS; DIRECTING THE VILLAGE CLERK TO TRANSMIT
A CERTIFIED COPY OF THIS ORDINANCE TO THE PALM BEACH COUNTY SUPERVISOR OF
ELECTIONS
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Account #: Amount of this item:
Budgeted amount available: Amount remaining after item:
Budget transfer required: Appropriate Fund Balance:
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Department Head �'l,� ��,
Legal (for legal sufficiency)
Finance Director or Representative
Reviewed for Financial Sufficiency
No Financial Impact ❑
Village Manager:
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Submit for Council Discussion: � ��, __; i �
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Approve Item: � �
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Deny Item: � ` .
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Form Amended: 10/30/14
VILLAGE OF TEQUESTA
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MEMORANDUM � Village Clerk's Office
TO: Michael Couzzo, Village Manager
CC: Mayor and Council
FROM: Lori McWilliams, Village Clerk CJ'"
DATE: March 31, 2015
SUBJECT: March 2016 Municipal Election
The State Legislature has set the Presidential Preference Primary (PPP) for Tuesday,
March 15, 2016. As such, the Palm Beach County Supervisor of Elections (SOE) has
directed all municipalities to move their March elections from the second Tuesday in
March to the third Tuesday in March.
In addition to moving the election date, the SOE has advised qualified candidate names
are to be submitted to the SOE no later than December 11, 2015, thus requiring the
Village to move our qualifying dates as well.
Florida Statutes allows a city to amend its municipal charter by ordinance in order to
move the date of any municipal election to a date concurrent with any statewide or
countywide election without the need for a referendum. As such, the attached
ordinance effectively moves the March 8, 2016 Village election to March 15, 2016 and
establishes the qualifying period from and including noon on the last Tuesday in
November to and including noon the second Tuesday in December 2015.
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CORBETT, WH(TE,
00 DAVIS AN� ASHTON, r��.
ATTORNEYS AT LAW
KEITH W. DAVIS'
JENNIFER G. ASHTON
JOHN K. '7ACK" RICE
JOHN CORBETT+ *Qoard Certified i�i Cih�, County nnd Locn( Gonern��tent Lnzu
TRELA J. INHITE+ **AICP, L£EP AP
ERW L. DEADY, P.A. "*+ +Of Co�ntsel
MEMORANDUM
TO: Members of the Board of Directors,
Palm Beach County League Of Cities, Inc.
FROM: Trela J. White, Esq., General Counsel
DATE: March 26, 2015
RE: Municipal Elections for 2016
1. As you are probably aware, the Presidential Primary has been set for March I5, 2016
pursuant to a bill signed by Governor Scott on March 19, 2014.
2. Our Supervisor of Elections ("SOE") has requested that all municipalities move the dates
of their municipal elections to that same date due to the tasks involved in programming the
voting machines and the impossibility of holding an election on March 15, 2016 as well as our
usual March municipal election which would normally fall on March 8, 2016.
3. All absentee ballots for a presidential primary are required by law to be mailed out forty-
five (45) days prior to the election date. Additionally, the SOE has stated that all municipal
ballot questions must be received in her office on or before December 11, 2015. She would like
to receive all candidates' names by this date, as well, but the maximum deadline for candidates'
names is December 15, 2015 which coincides with the date the State must provide candidates'
names to the SOE per 103.101, F.S.
urz�nu.CWDA-legal.coiri 1111 H�poluxo Koad, Suite 207
Lnntana, Florida 33462
TELEPHONE: (561) 586-7116
FAX: (561) 586-9611
4. Thus, in order to comply with this change in election da.te for 2016, all municipalities
must adopt an ordinance setting Mazch 15, 2016 as their election date for 2016 and must alter
their qualifying times in order to meet the December 11, 2015 or December 15, 2015 deadline
for the submission of candida.tes' names to the SOE.
5. Florida Statues provide that an ordinance may be passed. to amend a municipality's
charter to move the date of any municipal election to a da.te concurrent with any statewide or
couniywide election without need for a referendum.
6. The dates for qualifying must be specifically set forth in the municipal ordinance that
changes the election date.
7. Note the following langua.ge found in the Florida Sta.tutes:
§101.75 Municipal Elections; change of dates for cause
(3) Notwithsta,nding any provision of local law or municipal charter, the
governi.ng body of a municipality ma.y, by ordinance, move the date of any
municipal election to a date concurrent with any statewide or countywide election.
The dates for qualifyi.ng for the election moved by the passa.ge of such ordinance
shall be specifically provided for in the ordinance. The term of office for any
elected municipal official shall commence as provided by the relevant municipal
charter ordinance.
8. Thus, each municipality will need to check its charter and other relevant sections of its
code of ordinances in order to properly change its election date and corresponding qualifying
dates for the Mazch 15, 2016 election in order for the SOE to conduct the election for that
municipality.
9. Should additional information be desired, please advise.
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240 SOUTH MILITARY TRAIL
WEST PAWI BEACH, FL 3341 5
POST OFFICE BOX 2230J
WEST PALM BEACH, FL 334'I 6
SUSAN BUCHER
Supervisor of Elections TELEPHONE: (56'I ) 656-8200
FAX NUMBER: (561 ] 65B-62B7
WEBSITE: www.pbcelections.org
MEMORANDUM
TO: Municipal Clerks of Palm Beach County
FROM: Susan Bucher, Paim Beach County Supervisor of Election�
RE: 2016 Presidential Preference Primary and Municipal Elections
Date of March 15, 2016
DATE: APRIL 10, 2015
The Flarida Legislature has changed the date of the Presidential Preference Primary to March 15, 2016.
I have been asked to provide documentation regarding the need to change Municipal Elections in 2016 to
the Presidential Preference Primary Election date of March 15, 2016.
The votin� equipment currentiy utilized by the Palm Beach County Supervisor of Elections Office only allows
input of one election cycle at a time; from beginning of preparation of the ballot, #hrough final election
results. Therefore, the voting system will not be available to conduct Municipal Elect�ons on the usual
second Tuesday in March, known as the Uniform Municipal Election Date.
As a result of current state and federal laws that require overseas and military absentee ballots to be
mailed 45 days prior to state or federal elections, we will need to prepare ballots and have our flrst large
mafling of ballots preprinted as soon as the law requires the state to provide the names of the Presidential
Preference Primary candidates. F.S. 103.101(3) requires the Department of State to certify to each
supervisor the name of each candidate for political party nomination to be printed on the ballot no later
than 12/15/15; therefore, the deadline for municipal candidate names will also be on 12/15/15. If your
municipality intends to have ballot questions on the ballot, the deadline to provide the language for ballot
questfons to the supervisor wrill be 12/11/15, so that we may provide time for the ballot language to be �
interpreted, as required by law.
In accordance with F.S. 101.75, the law allows the governing body of a municipality, by ordinance, to move
the date of any municipai election, to change the dates for candidate qualifying and the term of office for
any elected municipal official to a date concurrent with any statewride or countywride election, as provided
by relevant municipal charter or ordinance.
I have provided the attached calendar of dates and copies of the laws for your review. If I may provide any
additional information, please do not hesitate to contact me. �
PRESIDENTIAL PREFERENCE PRIMARY ELECTION MARCH 15, 2016
CALENDAR
Deadline for munlcipal ballot questions (time to
FRIDAY, DECEMBER 11, 2015 get interpreted).
State to provide candidate names per F.S.103.101
TUESDAY, DECEMBER 15, 2015 and deadline for municipal candidate names.
Send UOCAVA absentee ballots (45 days (s
FRIDAY, JANUARY 29, 2016 January 30, 2016).
TUESDAY, FEBRUARY 9, 2016 Send civil and domestic absentee ballots (35 days).
TUESDAY, MARCH 15, 2016 Presldential Preference Primary
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Sta.tutes & Constitution :View Statutes : Online Sunshine Page 1 of 2
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Select Year: 2��� �'� r.�d
The 2oi4 Florida Statutes
Title IX Chaater 103 View Entire
ELECTORS AND pRESIDENTiAL ELECTORS; POLITICAL PARTIES; ���
ELECTIONS EXECUTIVE COMMTTTEES AND MEMBERS r
103.101 Presidential preference primary.—
(1) Each political party other than a minor political party shall, at the presidential preference
primary, elect one person to be the party's candidate for nomination for President of the United States
or select delegates to the party's national nominating convention, as provided by party rule. The
presidential preference primary shall be held in each year the number of which is a mu[tiple of 4 on the
first Tuesday that the rules of the major political parties provide for state delegations to be allocated
without penalty. Any party rule directing the vote of delegates at a national nominatin+g convention shall
reasonably reflect the results of the presidentiat preference primary, if one is held. .
(2) By November 30 of the year preceding the presidential preference primary, each palitical party
shall submit tQ the Secretary of State a list of its president9al candidates to be placed on the
presidential preference primary ballot or candidates ent9tled to have delegates appear on the
presidential preference primary batlot. The Secretary of State shall prepare and publish a list of the
names of the presldential candidates subm9tted not tater than on the first Tuesday after the f9rst
AAonday in December of the year preceding the presidential preference primary. The Department af
State shall immediately notify each presidentiat candidate listed by the Secretary of State. Such
notification shall be in wHting, by registered mail, with return receipt requested.
(3) A candidate's name shall be printed on the presidential preference primary ballot unless the
candidate submits to the Department of State, prior to the second Tuesday after the first Monday in
December of the year preceding the presidential preference prlmary, an affidavit stating that he or she
is not now, and does not presently intend to become, a candidate for President at the upcoming
nominating convention. If a candidate withdraws pursuant to this subsection, the Department of State �_
shall notify the state executive committ� that the candidate's name wili not be placed on the ballot.
The Departmer►t of State shali, no kater dian the third Tu�sday �#ter the first �tont#ay itrf�eeember uf
the year preceding the presidential prefere»ce primary, certify tu each supervisar o# eieciians ttre name
af each candidate for pnlitieal party nomination to 6e printed on the ballot. ''
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(4) The names of candidates for political party nominations for President of the United States shali
be printed on official ballots for the presidentiat preference primary election and shall be marked� �;=
counted, canvassed, retumed, and proctaimed in the same manner and under the same conditions, so �'�
far as they are appticabte, as in other state elect9ons. If party rule requires the delegates' names to be
printed on tMe official presidentlat preference primary ballot, the name of the presidential candidates
for that potitical party may not be printerl separately, but the ballot may reftect the pres4dential
candidate to whom the delegate is pledged. If, however, a political party has onty one presidential
candidate, neither the name of the cand9date nor the narnes of the tandidate's de[e�ates shall be
,
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http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Sta.tute&Search String=... 3/16l2015 N
Statutes c4c Constitution :View Sta.tutes : Online Sunsiune Pa.ge 2 of 2
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printed on the ballot.
(5) The state executive comm9ttee of each party, by rule adopted at least 60 days priar to the
presidential preference primary election, shall determine the number, and establish procedures to be
followed 9n the select9on, of delegates and delegate alternates from among each candidate's
supporters. A copy of any rule adopted by the executive committee shall be filed with the Department
of State within 7 days after its adoption and shall become a public record. The Department of State shall
review the procedures and shall notify the state executive committee of each political party of any
ballot limitations.
(6) Atl names of candidates or delegates shalt be listed as directed by the Department of State.
History.-s. 3, ch. 6469, 1913; RGS 301; CGL 357; ss. 9, 2, 3, ch. 22058, 1443; s. 1, ch. 22729, 1945; s. 1, ch. 25235, 1949;
s. 7, ch. 26870, 1951; s. 1, ch. Z9947, 1955; s. 4, ch. 67-353; ss. 10, 35, ch. 69•1Q6; s. 2, ch. 71•236; s. 2, ch. 75-246; s. 1, ch.
77•174; s. 32, ch. 77-175; s. 14, ch. 82-143; s. 1, ch. 84-92; s. 1, ch. 86-97; s. 32, ch. 89-338; s. 15, th. 91-45; s. 608, th. 95-
147; s. Z8, ch. 2001-40; s. 3, ch. 2007-30; s. 27, ch. 2008•95; s. 47, th. 2011-40; 5. 28, th. 2012-916; 5. 20, ch. 2013-57.
Note.-Former ss. 102.03, 102.72.
Copyrtght � 1995-2015 The Florida Leg9slature • Privacv Statement • o t c s
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http://www.leg.sta,te.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=... 3/16/2015
, St�tutes & Constitution :View Sta.tutes : Online Sunshine Page 1 of 1
Setect Year: 2014 �,�: ; Go;
The 2oi4 Florida Statutes
Title IX Chauter 101 View Entire Chaate+
ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE ;
101.75 Municipal elections; change of dates for cause.—
(1) In any municipality, when the date of the municipal election falts on the same date as any
statew�ide or county etectian and the voting devices of the vot�ng system used 1n the county are not
available for both elections, the municipality may provide that the municipal election may be held
within 30 days prior to or subsequent to the statewide or county election.
(2) The date of the municipal election shall be set by the municipality by ordinance.
(3) Natwithstanding any �rovision of local Faw or municipal charter, the governing ix�f�t af a
municipality may, by ordtnance, move the date of any municipal �lectfian to a date �enc�rKe�t with any
statevride or countywide election. The dates for qualifying for the election moved by the passage of
such ordinance shall be specifically provided for in the ordinance. The term of office for any elected
municipal off9cial shalt commence as provided by the relevant municipal charter or ordinance.
History.—ss. 1, 2, ch. 59-493; s. 1, ch. 76-68; s. 24, ch. 77-175; s. 5, ch. 92-18; s. 36, ch. 2001-40; s. 4, ch. 2007-30; s. 23,
ch. 2Q08-95; s. 42, ch. 2011-40.
Note.—Former s. 104.451.
Copyright O 7995-2015 The Flortda Legislature • Privacv Statement • Contact Us
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http://www.leg.state.fl.us/staxutes/index.cfm?App_mode=Display_Sta.tute&Sea.rch Strin�... 3/16/2015
ORDINANCE NO. 06-15
AN ORDINANCE OF THE VII..LAGE COUNCII. OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VII.LAGE CHARTER AT
ARTICLE II. SECTIONS 2.01 AND 2.02 TO MOVE TH� DATE OF THE
2016 MUNICIPAL ELECTION TO THE TffiRD TUESDAY IN MARCH
TO COINCIDE WI'I'H THE 2016 FEDERAL PRESIDENTIAL PRIMARY
ELECTION; FURTHER AMENDING THESE SECTIONS TO ADJUST
THE DATES FOR QUALIFYING AND FOR ANY NECESSARY RUN-
OFF ELECTION ACCORDINGLY; PROVIDING THAT EACH AND
EVERY OTHER SECTION, SUBSECTION AND PROVISION OF THE
CHARTER OF THE VII.,LAGE OF TEQUESTA SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORI-
TY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTH-
ER PURPOSES.
WHEREAS, Article II, Section 2.01 of the Village Charter sets the date for village mu-
nicipal elections as the second Tuesda.y in March of each year, and furthez sets the da.te for any
necessary run-off election as the fourth Tuesday in March of ea.ch year; and
WHEREAS, Article II, Section 2.02 of the V'illage Charter sets the da.tes for qualifying
for village municipal elections from and including noon on the last Tuesda.y in January to and
including noon on the second Tuesday in February; and �
W HE RE A S, in the year 2016, the federal presidential primary election will fa11 on the
third Tuesday of March; and
WHEREAS, the V'illage Council desires to move the V'illage's 2016 municipal election
to the third Tuesday in March to coincide with the federal presidential primary election; and to
adjust the dates for the associated qualifying period, and any necessary ru.noff election accord-
ingly; and
WHEREAS, moving the dates of the 2016 V'illage's municipal election, qualifying pe-
riod and run-off election requires an amendment to Article II, Sections 2.01 and 2.02 of the
�llage Charter; and
WHEREAS, Sections 100.3605, 101.75 and 166.021, Flopida Statutes, permit the V'il-
lage to amend its Charter to change the daxe of its municipal election and associated. qualifying
period by ordinance and without referendum; and
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WHEREAS, the V'�llage Council of the V'illage of Tequesta believes that adopting this
ordinance in order to amend the Charter in this manner is in the best interests of the citizens of
Tequesta..
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1: The foregoing facts and recita.tions contained in the preamble to this
Ordina.nce are hereby adopted and incorporated by reference as if fully set forth herein.
Section 2: The Charter of the Village of Tequesta is hereby amended at Article II.
The V'illage Council, Section 2.01. Selection, Term and Compensation, and Section 2.02.
Qualifications and Disqualifications; to change the da.te of the 2016 municipal election to the
third Tuesday in March to coincide with the federal presidential prima.ry election; and to ad.just
the da.tes for the associated qualifying period, and any necessary run-off election accordingly;
providing that Sections 2.01 aad 2.02 shall hereafter read as follows:
ARTICLE II. - THE VILLAGE COUNCIL
Section 2.01. — Selection, Term and Compensation.
The V'illage Council of the V'illage of Tequesta sha11 consist of five (5) members who shall be
elected at large to Seats 1, 2, 3, 4 and 5. The Councilmembers in Sea.ts 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 sha11 be held on the second Tuesda.y in Mazch of each year. excent in the vear 2016.
when the election sha11 be held on the third Tuesdav in March to coiacide with the federal
nresidential nrimarv election. Only qualified electors, as prescribed by Florida. law, 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 ordina.nce;
provided, however, a Councilmember shall not be entitled to any increase in salary ad.opted
during the term for wbich such Councilmember was elected.
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The candida.te for each sea.t receiving the highest number of votes cast for such office shall be
deemed elected to such office regardless of whether or not such candida.te 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 sha11 be placed on the ballot
a.nd shall be voted upon at an ensuing runoff election to be held on the fourth �4#.�} Tuesda.y in
March,__e�cent in the veaz 2016. when anv reauired runoff election sha11 be held on the fifth
Tuesday in Mazch. 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 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 qualifica.tions 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 Tuesda.y in January to and including
noon oa the second Tuesday in February in the yeaz of the election,�exce�t in the vear 2016.
when the written motice shall be filed from and includi.ne noon on the last Tuesda,v in 1Vovember
to and includin� noon the second Tuesdav in December. and shall pay such filing fee as set by
ordinanc�e. Such notice shall be signed by at least fifly (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 3: The Village Clerk is hereby directed to transmit a certified copy of this ordina.nce
to the Pa1m Beach County Supervisor of Elections.
Section 4: Each and every other section, subsection and provision of the Charter of the
�llage of Tequesta shall remain in fvll force and effect as previously ad.opted.
Section 5: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
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Section 6: Should any section or provision of this ordina.nce, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
the validity of the remainder of this ordinance.
Section 7: Specific authority is granted to codify and incorpora.te this ordinance into the
existing Charter of the �llage of Tequesta, Florida.
Section 8: This ordinance sha11 take effect immediately upon adoption.
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