Ordinance 28-2015 Elections (2) ORDINANCE NO. 28-2015
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 34, ELECTIONS, TO PROVIDE A NEW
ARTICLE IV, MUNICIPAL ELECTION DATE AND
ELECTION QUALIFYING PERIOD FOR YEARS WHEN
THE TOWN HOLDS ITS MUNICIPAL ELECTIONS
CONCURRENTLY WITH PRESIDENTIAL PREFERENCE
PRIMARY ELECTIONS; PROVIDING FOR A RUN-OFF
ELECTION IF NECESSARY; PROVIDING FOR AN
ADJUSTMENT IN TERMS; DIRECTING THE TOWN
CLERK TO TRANSMIT A CERTIFIED COPY OF THIS
ORDINANCE TO THE PALM BEACH COUNTY
SUPERVISOR OF ELECTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article III, Sections 3.03 and 3.04, and Article V, Section 5.01, of the
Town Charter sets the date for Town elections as the first Tuesday after the first
Monday of each February; and
WHEREAS, Article V, Section 5.03 of the Town Charter sets the qualifying period
for Town elections requiring candidates for the office of Mayor or Town Council to be
nominated at a Town caucus to be held on the first Tuesday after the first Monday of
January of each year and by being endorsed by petition signed by at least twenty-five
electors filed with the Town Council no later than 5:00 p.m. on the day following the
Town caucus; and
WHEREAS, Section 5.05 of the Town Charter provides for a run-off election to
be held two weeks subsequent to the general election; and
WHEREAS, in 2016 the presidential preference primary election will fall on the
third Tuesday in March; and
WHEREAS, in years of statewide or countywide presidential preference primary
elections and beginning in 2016 the Town Council desires to move the Town's election
date concurrent with the presidential preference primary elections; and
WHEREAS, holding the Town's election on a date concurrent with the
presidential preference primary election requires the Town to adopt an ordinance that
establishes a municipal election date, election qualifying period and run-off election date
for years when the Town holds its municipal elections concurrent with the presidential
primary election; and
WHEREAS, Section 100.3605, 101.75 and 166.021, Florida Statutes, permit the
Town to amend its Charter to change the date of its Town election and qualifying period
by ordinance and without referendum; and
WHEREAS, the Town Council believes these amendments to the Code of
Ordinances are in the best interests of the citizens of the Town of Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The facts and recitations contained in the preamble of this
ordinance are adopted and incorporated by reference as if set forth in this section.
Section 2. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 34, Elections, by adding a new Article IV to provide municipal
election dates and qualifying periods for years with a presidential primary election;
providing that said section shall hereafter read as follows:
CHAPTER 34
ELECTIONS
"Article IV. Municipal election dates, qualifying periods and run-off
election dates in years of statewide or countywide presidential
preference primary elections.
Sec. 34-123. Elections and qualifying for presidential primary elections.
Section 101.75, Florida Statutes, delegates authority to the Town to
move the date and qualifying period of any municipal election to a date
concurrent with other state and countywide elections. Notwithstanding the
sections of the Town Charter and Code of Ordinances regarding the date
of general municipal elections, election qualifying periods and date of run-
off elections, the Town shall hold its municipal elections concurrently with
statewide presidential preference primary elections when those occur and
adhere to the following municipal election date qualifying period and run-
off election date in such instances:
A. Beginning in 2016, the Town shall hold its municipal election
concurrently with presidential preference primary elections.
Ordinance No.28-2015 Page 2 of 4
(1) For municipal elections that occur in 2016, candidates
shall qualify for office by:
(a) Being nominated by a elector of the Town and
seconded by at least two electors at the Town
caucus to be held on December 3, 2015; and
(b) Being endorsed by petition signed by at least
25 electors filed with the Town Council no later
than 5:00 p.m. on the day following the Town
caucus.
(2) The 2016 municipal election shall occur on March 15,
2016, and no candidate may take office until the
election has concluded and the results have been
certified.
(3) If no person in a given race receives a majority of the
votes cast, there shall be a runoff election, to be held
on March 29, 2016, between the two (2) candidates
receiving the largest number of votes cast in the
general election.
B. When a presidential preference primary election occurs in
future years the Town shall set a concurrent election date,
qualifying period and date of run-off election by separate
ordinance.
C. Terms of office of current council members and successful
candidates shall be adjusted to be in concurrence with the
dates referenced herein and shall be established by
resolution adopted subsequent to the election."
Section 3. The Town Clerk is directed to transmit a certified copy of this
ordinance to the Office of the Palm Beach County Supervisor of Elections.
Section 4. 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.
Ordinance No.28-2015 Page 3 of 4
•
Section 5. 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 6. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 13th day of October, 2015, and for second
and final reading on this 10th day of November, 2015.
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Conig io, Mayor Mic I J. Pucill own Council President
Richard M. Kleid, Council President Pro Tern
• ielle H. Moor:, own "uncil Me a
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ATTEST: Penelope Of Townsend, -own Co ncil Te'mber
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san A. Ow ns, MMCI-fogve-glerk ' Obert N. ildrick, Town Council Member
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