Ordinance 21-2017 Elections ORDINANCE NO. 21-2017
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN'S CHARTER AT ARTICLE III,
OFFICIALS, AT SECTION 3.03, TOWN COUNCIL:
ELECTION AND TERMS, TO MODIFY THE TOWN'S
ELECTION DATE TO THE SECOND TUESDAY IN MARCH
OF EACH YEAR; FURTHER AMENDING ARTICLE V,
QUALIFICATION AND ELECTIONS, AT SECTION 5.01,
GENERAL ELECTIONS, TO PROVIDE THAT GENERAL
ELECTIONS IN THE TOWN SHALL BE HELD ON THE
SECOND TUESDAY OF MARCH OF EACH YEAR;
FURTHER AMENDING SECTION 5.03, QUALIFICATIONS,
SO AS TO PROVIDE THAT CANDIDATES FOR THE
OFFICE OF MAYOR OR TOWN COUNCIL SHALL
QUALIFY FOR SUCH OFFICES BY BEING NOMINATED
BY AN ELECTOR OF THE TOWN AND SECONDED BY
NOT MORE THAN THREE ELECTORS AT THE TOWN
CAUCUS TO BE HELD ON THE SECOND TUESDAY OF
JANUARY OF EACH YEAR; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Florida Statute Section 101.62(4)(a), the Supervision of
Elections' office shall send a vote-by-mail ballot to each absent uniform services voter and
to each overseas voter who has requested a vote-by-mail ballot no later than 45 days
before each presidential preference primary election, primary election, and general election;
and
WHEREAS, the Town's Charter provides that the Mayor and Town Council members
shall be elected at the general election held on the first Tuesday after the first Monday of
February in each year; and
WHEREAS, the Town's Charter further provides that candidates for the office of
Mayor or Town Council shall qualify for such offices by (a) Being nominated by an elector of
the Town and seconded by at least two (2) electors at the Town Caucus to be held on the
first Tuesday after the first Monday of January of each year and (b) Being endorsed by
petition signed by at least twenty-five (25) electors filed with the Town Council no later than
5:00 p.m. on the day following the Town Caucus; and
WHEREAS, a conflict exists between the Town Charter and Florida Statute Section
101.62(4)(a) relating to municipal elections in that the Town's qualifying period and the
election date, as presently prescribed, do not allow sufficient time for the ballot to be
created and approved and sent to an overseas voter pursuant to Florida Statute Section
101.62(4)(a); and
WHEREAS, it is therefor required that the Town Charter be amended to modify the
date of the qualification period for candidates and the date of general elections in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Town Charter is hereby amended at Article III. Officials,
Sections 3.01, 3.03 and 3.04, to read as follows:
"Section 3.01. Town Council: Composition.
There shall be a Town Council of five (5) members, who shall be electors
of the Town, elected at large by the electors of the Town.
The Town Council shall, on the second Tuesday of March of each year,
elect one of its members as President and another as President Pro Tem
for the ensuing year. Unless there is a runoff election as provided
in Section 5.05, in which event, the President and President Pro Tern
Ordinance No.21-2017 Page 2 of 5
shall be elected at the first Town Council meeting following said runoff
election.
Section 3.03. Town Council: Election and Terms. Two (2) Town
Council members shall be elected at the general election held on the on
the second Tuesday of March of each year, and three (3) Town Council
members shall be elected at the general election to be held on the on the
second Tuesday of March of each year, all in the manner provided in
Article V of this Charter, and shall be elected for two-year terms.
Sec. 3.04. Mayor: Election and Term. The election of a Mayor, who
shall be an elector of the Town, shall be held on the on the second
Tuesday of March of each year, in the manner provided in Article V of
this Charter. The Mayor shall be elected at large by the electors of the
Town, and shall be elected for a two-year term.
Section 2. The Town Charter is hereby amended at Article V. Qualifications
and Elections at Section 5.01 and Section 5.03 as follows:
Article V. Qualifications and Elections Sec. 5.01 — General Elections.
General Elections shall be held on the second Tuesday in March of each
year.
Sec. 5.03. Qualifications. Candidates for the office of Mayor or Town
Council shall qualify for such offices by
Ordinance No.21-2017 Page 3 of 5
(a) Being nominated by an elector of the Town, and seconded by not more
than three (3) electors, at the Town Caucus to be held on the second
Tuesday of January of each year; and
(b) Being endorsed by petition signed by at least twenty-five (25) electors,
filed with the Town Council no later than 5:00 p.m. on the day following the
Town Caucus."
Section 3. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 4. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 5. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 6. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
Ordinance No.21-2017 Page 4 of 5
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 12th day of July, 2017, and for second and
final reading on this 9th day of August, 2017.
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Ga' . Coniglio, ayor / Richard M. Kleid, Town Council President
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_ anielle H Moore Cou President Pro Tern
lit J i K. Ar sko , Town Co I ' ..Member
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ATTEST: c2_- Bo ie indsay, To� Ancil Member
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Gwendolyn Peir Margare A . Zeid a , Town Council Member
Acting Town Clerk
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