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Home My WebLink AboutDocumentation_Regular_17_04/13/2017 Village of Tequesta 345 Tequesta Drive � �` Of ' fog q c 561- 768 -0700 Tequesta, FL 33469 www.tequesta.org 4Ch COUN1y Village Clerk's Office Memorandum TO: Manager Michael Couzzo FROM: Lori McWilliams, Village Clerk DATE: 2/27/17 SUBJECT: Election Qualifying Period — Requested Change by Supervisor of Elections The Palm Beach County Supervisor of Elections (SOE) has requested all Palm Beach County municipalities that hold elections in March with qualifying periods as outlined in Ch. 83 -498, Florida Laws (Noon on the last Tuesday in January nor later than Noon on the second Tuesday in February) to change their qualifying period. The Village can exempt itself per Sec. 8 from the requirements set forth in Ch. 83 -498, Florida Laws. There is a conflict between Florida Laws and Statute Statutes. F.S. 101.62 (4)(a) regains that, `No later than 45 days before each presidential preference primary election, primary election, and general election, the supervisor of elections shall send a vote - by -mail ballot as provided in subparagraph (c)2. to each absent uniformed services voter and to each overseas inter who bas requested a vote -by -mail ballot." Using the 2017 election as an example, if the SOE followed the State Statute, the ballots should have been mailed by January 28, 2017 — before the qualifying period even started. As a result, the SOE has requested we hold our qualifying periods at (east 60 days prior to the election in order to allow them ample time to receive the candidate names, prepare the ballots, obtain municipal clerk approval of the ballot and mailing of the ballots. Using the 2017 election date of March 14, our qualifying period would need to be closed by January 13 in order to allow for the 60 days requested. To ensure the qualifying period takes place before the Thanksgiving holiday, and /or after the Christmas and New Year's holidays and still meet the SOE's request, I recommend the following dates: Noon on the First Tuesday in January through Noon on the second Tuesday in January Other than Ch. 83 -498, Florida Laws (which we can exempt ourselves from), there is nothing in general law that requires the Village to have a two week qualifying period and I do not believe that two weeks is necessary due to the small size of the Village. Even Ch. 83 -498, Florida Laws does not Vice -Mayor Vince Arena Mayor Abby Brennan Council Member Tom Patemo Council Member Steve Okun Council Member Frank D'Ambra Village Manager Michael R. Couzzo, Jr. Election Qualifying Period — Requested Change by Supervisor of Elections Page 2 require a two -week period — only that the qualifying is to be held during that period — "Candidates for any municipal office in PBC shall file such papers and pay such fees as may be required with the applicable municipal clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February." The Village is small in comparison to other municipalities in Palm Beach County and we do not garner the same political interest as many. A one -week period would not impair the qualifying process as it is not time intensive and would permit ample time for candidates to turn in their election paperwork. Historically, over the past five years, candidates have all turned their paperwork in within 2 -7 days of each other (only once was it nine days and that was due to the Thanksgiving holiday). 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JOU Alenuer u! _Aepsanl ;sei ay; uo uoou uet.4 Jetpee ou pap edp!unw elgeo!Idde ay; Lipm mei Aq pa1!nbaa aq Aew se seej vans Aed pue sieded yons Big Heys Awno3 goeag wied u! eagjo ledla!unw Aue 10} selep!pue) 'Z U0!38g 'saog}a ledplunw }0 swla; }o y;6uai 04; au!wla;ap o; pe s!.; }o we ;u! ay; ;ou s! ;l •A ;unog yaeag wied u! shay }o led!o!unw pale 04 suo!pele led!a!unw ie 10} seep uogoeie pue 6u!ly WJo}!un a04 apincud o; pe s!44 }o wa ;u! 014 s! ;1 I. uopoes :epuold }o a ;e;g 8410 aan;eis!681 ey; Aq papeu9 ;i eg 'elep • angoa}}a ue 6u!p!nold `suogdwaxe 1o} 6u!p!no.d'suogoele led!o!unw u! s;oHeq ea;uasge He o; Aidde Heys s;oileq eawesge 10} mei ieleue6 ay;;ey; 6u!p!nold `pe s!y; u! pap/told sa ;ep uowwoo ey; o; aaywo iedro!unw }o suue }o eouepuodsa uoo 1a} 6u!p!nold 'soy }o 1 }o swae; l04 6u!p!nold 'suo!pale led!o!unw 10} seep uoipe a waopun pue seep 6ug4 w.o}iun 6u!p!no.d ' ;uow! eAgels!6el 10} 6u!p!nold'Awno3 yaeag wied 04 6u!;ela1 p8 uy ZtrL "oN II!g esnoH 9617 2131dVHO Lori McWilliams From: Susan Bucher <susanbucher @pbcelections.org> Sent: Wednesday, February 22, 2017 10:07 AM To: Charmaine Kelly; Lori McWilliams; Erin Lewandowski Subject: Re: Qualifying Dates Lori: Thank you for asking about changing your candidate qualifying dates. I intend to speak to this issue tomorrow at the Clerk's lunch. I have discovered that in accordance with F.S. 101.62(4Xa)&(b) the mailing dates for overseas and military vote by mail ballots of 45 days before each election and 35 to 28 days for the rest of the ballots seems to apply to municipalities, unless per F.S.100.3605 the municipality has an applicable special act, charter, or ordinance provision that says otherwise. Because we need time to receive the candidate names, prepare the ballots and get the Clerk's approval of the ballot, we will be asking that all candidate qualifying dates be at least 60 days from the date of your election. On Wed, Feb 22, 2017 at 8:51 AM, Charmaine Kelly <charmaine@pbccelections.org> wrote: - -- Forwarded message - -- From: Lori McWilliams <hncwilliams®tequesta.org> Date: Tue, Feb 21, 2017 at 4:29 PM Subject: Qualifying Dates To: Charmaine Kelly <charmaine @pbcelections.org> Charmaine, I am getting ready to ask my legal department to work on an ordinance to change our qualifying date. If we have qualifying the first two weeks of January, does that help the SOE and accomplish what you need in terms of getting the j absentee ballots out to overseas and ballots printed? Thanks, Lori McWilliams, MMC Village Clerk / PIO 1 561- 768 -0443 Imcwilliamsgtequesta.orq Follow us on Facebook This email has been scanned for email related threats and delivered safely by Mimecast For more information please visit htto: //www.mimecastcom • Charmaine Kelly Chief Deputy 1 PLEASE NOTE: Under Florida law. entail addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead contact this office by phone or in writing. Florida Statute 668.6076 Susan Bucher Palm Beach County Supervisor of Elections (561) 656 -6200 Please consider the environment before printing this email. PLEASE NOTE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 2