HomeMy WebLinkAboutDocumentation_Regular_Tab 11_05/11/2017 C W CORBETT, WHITE,
D A DAVIS AND ASHTON, P.A.
KEITH W. DAVIS
ATTORNEY AT LAW
Board Certified in City, County and Local Government Lace
MEMORANDUM
TO: Mayor Brennan, Vice Mayor D'Ambra, Council Members Arena, Okun and
Paterno
CC: Manager Couzzo, Clerk McWilliams
FROM: Attorney Davis
DATE: April 27, 2017
RE: Agenda Item — Ordinances changing the Village's municipal election
qualifying dates
The following describes in detail the above referenced agenda item:
As directed by the Village Council, and based on the request of the Palm Beach County
Supervisor of Elections, we have prepared two (2) ordinances to move the qualifying period
for the Village's municipal elections to noon on the first Tuesday in December to noon on
the third Tuesday in December of the year immediately preceding the election. This does
not change the Village's process for setting special qualifying periods for years with a
presidential preference primary.
There are two ordinances required to effectuate this change: one amends the Village
Charter (a referendum is NOT required for this revision per state law) and the other amends
Chapter 2 of the Village Code.
There should be no fiscal impact to the Village for this revision to its election process.
ORDINANCE NO. 4-17
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CHARTER AT AR-
TICLE IL, SECTION 2.02 TO ADJUST THE DATES FOR QUALIFYING
FOR MUNICIPAL ELECTED OFFICE, AT THE REQUEST OF THE
PALM BEACH COUNTY SUPERVISOR OF ELECTIONS; DIRECTING
THE VILLAGE CLERK TO TRANSMIT A CERTIFIED COPY OF THIS
ORDINANCE TO THE PALM BEACH COUNTY SUPERVISOR OF ELEC-
TIONS. PROVIDING THAT EACH AND EVERY OTHER SECTION, SUB-
SECTION AND PROVISION OF THE CHARTER OF THE VILLAGE OF
TEQUESTA SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVI-
OUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERA-
BILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EF-
FECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Article II, Section 2.02 of the Village Charter sets the dates for qualifying
for village municipal elections from and including noon on the last Tuesday in January to and
including noon on the second Tuesday in February; and
WHEREAS, the Village of Tequesta has, as have other municipalities in Palm Beach
County, requested by the Palm Beach County Supervisor Su ery so of Elections (SOE) to move tY q Y Y P ( ) o e its
municipal election qualifying period to an earlier period that provides sufficient time for the SOE
to send absentee ballots to overseas citizens; and
WHEREAS, the Village Council has reviewed its qualifying period, the SOE request and
additional information from the Village Clerk, and based on same, desires to adjust the qualifying
period dates for the Village's municipal election; and
WHEREAS, moving the dates of the Village's qualifying period requires an amendment
to Article II, Section 2.02 of the Village Charter; and
WHEREAS, Sections 100.3605, 101.75 and 166.021, Florida Statutes, permit the Vil-
lage to amend its Charter to change the date of its municipal election qualifying period by ordi-
nance and without referendum; and
WHEREAS, the Village Council of the Village 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.
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NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The foregoing facts and recitations contained in the preamble to this Ordinance
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
Village Council, Section 2.02. Qualifications and Disqualifications. to adjust the dates for the
qualifying period for the Village's elections; providing that Section 2.02 shall hereafter read as
follows:
ARTICLE II. - THE VILLAGE COUNCIL
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 lastrat Tuesday in JamieFyDecember to and includ-
ing noon on the seeend thial Tuesday in Febfiiiify Decembe in the year immediately orecedine e€
the election, and shall pay such filing fee as set by ordinance. For example_ in order to aualifv for
the 2018 village council election_ candidates must aualifai between noon on the first Tuesday of
December_ 2017 and noon on the third Tuesday of December_ 20171_ 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 3 : Each and every other section, subsection and provision of the Charter of the Village
of Tequesta shall remain in full force and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
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Section 5: Should any section or provision of this ordinance, 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 6: Specific authority is granted to codify and incorporate this ordinance into the
existing Charter of the Village of Tequesta, Florida.
Section 7: The Village Clerk is hereby directed to transmit a certified copy of this ordinance
to the Palm Beach County Supervisor of Elections.
Section 8: This ordinance shall take effect immediately upon adoption.
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