HomeMy WebLinkAboutDocumentation_Regular_Tab 06_06/08/2017 00 CORBETT WHITE
�0 DAVIS AN� ASHTON, r�A.
KEITH W. DAVIS
ATTORNEY AT LAW
Board Certified in Cih/,Cou�ah/nrid Local Goe�errtmeiat Lnzv
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. 5-17
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 2. ADMINISTRATION, ARTICLE V.
ELECTIONS,SECTIONS 2-233 AND 2-271 TO ADJUST THE DATES FOR
QUALIFYING FOR MUNICIPAL ELECTED OFFICE,AT THE REQUEST
OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS;
FURTHER AMENDING THIS SECTION TO DELETE OBSOLETE TEXT;
PROVIDING A CONFLICTS CLAUSE,A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, Chapter 2,Article V, Section 2-271 of the Village Code of Ordinances 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, except for years when there
is a presidential preference primary election in which case special qualifying dates are selected;
and
WHEREAS, the Village of Tequesta has, as have other municipalities in Palm Beach
County, been requested by the Palm Beach County Supervisor of Elections (SOE) to move 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 Chapter 2,Article V, Sections 2-333 and 2-271 of the Village Code of Ordinances; and
WHEREAS, the Village Council believes these amendments to its Code of Ordinances
are in the best interests of the citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA,THAT:
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Section 1: The Code of Ordinances of the Village of Tequesta is hereby amended at
Chapter 2. Administration, Article V. Elections, Section 2-333 to adjust the qualifying dates for
elections; providing that Section 2-233 shall hereafter read as follows:
Sec. 2-233. —Village election dates, qualifying periods, and runoff election dates in years of
statewide or countywide presidential preference primary elections.
F.S. § 101.75, delegates authority to the village to move the date and qualifying period of any
village election to a date concurrent with other statewide or countywide elections.Notwithstanding
the sections of the village charter and code of ordinances regarding the village election date,
election qualifying period, and date of runoff election, the village shall hold its village election
concurrently with any statewide or countywide presidential preference primary elections when
those occur,and adhere to the following village election date,qualifying period, and date of runoff
election in such instances:
(a) Beginning in 2016,the village shall hold its municipal election concurrently with presidential
preference primary elections.
(1) For municipal elections that occur�after 2016, the municipal qualifying period shall begin at
noon,'`�Pe�e��,`z9��on the first Tuesdav in December and end at noon, '-'�^��'��r�,
�on the third Tuesdav in December in the vear immediatelv nrecedin�the election.
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(b) When a presidential preference primary election occurs in future years,the village shall set a
concurrent election date, qualifying period, and date of run-off election by separate ordinance.
Section 2: The Code of Ordinances of the Village of Tequesta is hereby amended at
Chapter 2. Administration,Article V. Elections, Section 2-271 to adjust the qualifying periods for
elections; providing that Section 2-271 shall hereafter read as follows:
Sec. 2-271. - Qualifying period.
Any candidate seeking election as councilmember shall file with the village clerk a written notice
to such effect from and including noon on the'��* T„��a�•,;r T�r„�r<,first Tuesdav in December
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to and including noon on the third Tuesdav in December in the year
immediatelv brecedin�e�the election.
Section 3: Each and every other section, subsection and provision of Chapter 2.
Administration. of the Code of Ordinances 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 herewith be and the same
are hereby repealed.
Section 5: Should any section or provision of this ordinance or any portion thereof,
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 hereby granted to codify and incorporate this ordinance
into the existing Code of Ordinances of the Village of Tequesta.
Section 7: This ordinance shall take effect immediately upon adoption.
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