21-024 1
2
3 ORDINANCE 21-024
4
5
6 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
7 ESTABLISHING QUALIFYING DATES FOR GENERAL MUNICIPAL
8 ELECTIONS; PROVIDING FOR CONFLICTS, PROVIDING FOR
9 SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE
10
11
12 WHEREAS, Section 40 of the City Charter sets the dates for qualifying for municipal
13 elections from and including noon on the second Tuesday in January to and no later than noon on
14 the second Tuesday in February,of the year in which the election is held; and
15 WHEREAS, in order to accommodate the statutory vote-by-mail requirements, the Palm
16 Beach County Supervisor of Elections ("SOE") has "strongly recommended" that the City amend
17 its qualifying period to ensure that it ends no later than Friday, December 3, 2021,ninety-five(95)
18 days before Election Day. A copy of the SOE's request is attached hereto as Exhibit "A" and
19 incorporated herein; and
I
20 WHEREAS, the SOE has further advised that it may not be able to accommodate the
21 elections of those municipalities that do not change their qualifying dates, as requested; and
22 WHEREAS, Section 100.3605(2)1,F.S., authorizes the City Commission,by ordinance,to
23 amend the qualifying dates set forth in the City Charter; and
24 WHEREAS, in response to the SOE's request, the City Commission seeks to change the
25 qualifying dates for the City's general elections to begin Noon on the second Tuesday in November
26 to Noon on the fourth Tuesday in November each year; and
1100.3605.Conduct of municipal elections
(1)The Florida Election Code,chapters 97-106,shall govern the conduct of a municipality's election in the absence of an applicable
special act,charter,or ordinance provision.No charter or ordinance provision shall be adopted which conflicts with or exempts
a municipality from any provision in the Florida Election Code that expressly applies to municipalities.(2)The governing body of
a municipality may,by ordinance,change the dates for qualifying and for the election of members of the governing body of the
municipality and provide for the orderly transition of office resulting from such date changes.
(004572161306-90018211
Ord. 21-024
Page 2.of 3
27 WHEREAS, the City Commission finds that changing the qualifying dates of the City's
28 general municipal elections, as requested by the SOE, is in the best interests of the citizens and
29 residents of the City.
30 NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
31 OF WESTLAKE,FLORIDA,THAT:
32 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
33 being true and correct,and are hereby incorporated herein and made a part hereof.
34 Section 2: In accordance with Section 100.3605(2),F.S.,and at the request of the Palm
35 Beach County Supervisor of Elections, the qualifying dates for the City's general elections are
36 hereby established as beginning Noon on the second Tuesday in November to Noon on the fourth
37 Tuesday in November each year.
I38 Section 3: Conflicts. All ordinances and parts of the City Charter or City ordinances
39 which conflict with this ordinance are hereby superseded.
40 Section 4: Severability: Should the provisions of this Ordinance be declared to be
41 severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
42 held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
43 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being
44 the legislative intent that this Ordinance shall remain notwithstanding the invalidity of any part.
45 Section 5: Effective Date: This Ordinance shall be effective upon adoption on second
46 reading.
47 Section 6. This Ordinance shall not be codified.
48 FIRST READING this 10th day of August, 2021.
49
{00457216.1 306-9001821)5:\CA\Ordinances\Ordinance Amending Election Qualifying Dates(00457216xc4b6a).Docx
Ord. 21-024
Page 3 of 3
50 SECOND,FINAL READING AND PASSAGE this 17th day of August, 2021.
51
52 CITY OF BOYNTON BEACH,FLORIDA
53
54 YES NO
55 Mayor-Steven B. Grant
56 Vice Mayor-Woodrow L. Hay
57 Commissioner-Justin Katz
58 Commissioner-Christina L. Romelus r/
59 Commissioner-Ty Penserga V
60
61 VOTE S-')
62 ATTEST:
63
64
65 C stal Gibson, MMC
66 City Clerk
67
68
69
70 (Corporate Seal)
71
{00457216.1 306-9001821)5:\CA\Ordinances\Ordinance Amending Election Qualifying Dates(00457216xc4b6a).Docx
It
Wendy Sartory link
® Palm Beach County Supervisor or Elections
111 www.pbcelections.org
Dear Municipal Clerks, Commissions, and Councils,
Congratulations to those of you who participated in a successful 2021 election cycle! The recent March
Elections demonstrated the municipalities' commitment to democracy and to the voters of Palm Beach
County. We were honored to work with you.
The Palm Beach County Supervisor of Elections office (SOE) is committed to facilitating secure,transparent,
and accurate elections.To that end, due to updates in Florida Law in recent years, we have determined that
certain changes in municipal charters and ordinances are necessary to ensure the efficient and cost-effective
administration of future elections.
Qualifying Dates
To accommodate statutory vote-by-mail requirements,the SOE strongly recommends that each municipality
who has not already done so amend its qualifying period so that its qualifying period ends on or before the
95th day before Election Day.
For example, qualifying for the March 8, 2022 election would end no later than Friday, December 3, 2021,
allowing the SOE staff to program the necessary elections, create and proofread the ballot language, submit
ballot templates to participating municipalities for approval, print vote-by-mail ballots, and prepare those
ballots for mailing. We mail the military and overseas ballots 45 days before the election.
I
Failure to amend the qualifying period may result in the inability of the SOE to accommodate the elections of
those municipalities. Our system does not allow us to "close" or move forward one city at a time, so any delay
by one municipality results in our inability to move forward with the others.
Runoff Elections
While many municipalities no longer hold runoff elections, several still maintain provisions requiring a majority,,
vote to win an election. Many municipalities have mentioned to us that the runoff elections are detrimental toil
their budgets because often the municipality has not budgeted for that expense. With so few holding runoff
elections,the municipality does not benefit from the same degree of cost sharing as a Uniform Municipal
Election that is held simultaneously with other municipalities.The county does not fund the municipal
elections.
Please understand that we are happy to hold runoff elections, but are cognizant of the cost burden it places
on municipalities. If you determine that you no longer wish to have runoff elections, please revise your
charters or ordinances accordingly.
240 South Military Trail.West Palm Beach.FL 33415 I Post Office Box 22309.West Palm Beach.FL 33416
Telephone:561.656.6200 I Fax Number:561.656.6287
FirimirrAmmiwAimaiiiim
*+ ArAIWAIIIW/
;
Wendy Sartory link
if Palm Beach County Supervisor of Elections j
/ www.pdcelections.org
Polling Locations
It has come to our attention that some charters include provisions requiring specific polling locations or
specifying that polling locations be within city or town limits.While this may not present an issue for stand-
alone
elections,when municipalities wish to participate in uniform or countywide elections,this becomes
logistically problematic and expensive, if not impossible.The SOE urges municipalities to remove any
provisions to this effect, as it will be impossible to guarantee specific polling locations in future elections if the
municipality is joining a countywide election.
Single Canvassing Board for Uniform Municipal Elections
The final question presented for consideration by the municipalities is the designation of the Palm Beach
County Supervisor of Elections as the official Supervisor of each Uniform Municipal Election, such that one
single Canvassing Board may be empowered to canvass all of the municipal elections held simultaneously on a
given day.The municipal clerks would still be qualifying officers for their municipality's candidates.
This is an optional service,and each municipality can make its own determination as to whether they want to
designate the Palm Beach County Supervisor of Elections as the official Supervisor of their election.As
required under the Florida election laws, at least one (1)member of the Canvassing Board is required to be
present during activities such as the pre-election testing of tabulation equipment (the Logic and Accuracy
Itest),opening,tabulation,duplication,and the canvassing of ballots.A municipality may choose to maintain its',
own Canvassing Board; however, if they choose to do so,the Supervisor of Elections may elect not to serve as
a Canvassing Board member for that municipality.
In some municipalities,an election may be required in order to make these changes.The Secretary of State
has called for a Special Primary Election on November 2, 2021,for the U.S. House of Representatives District
20 seat.While this district may not include a municipality that would be required to have an election,we will
be happy to accommodate a municipality that wishes to do so. (If the municipality is within Congressional
District 20,it would also result in a cost savings to that municipality.) Please let the Supervisor of Elections
know by July 15, 2021,whether your municipality plans to participate in the November 2, 2021 election. We
will not be able to hold an election outside of this date.
240 South Military Trail,West Palm Beach.FL 33415 I Post Office Box 22309.West Palm Beach,FL 33416
Telephone:561.656.62001 Fax Number:561.656.6287
•4+ G q.s r _'. u
Wendy Sartory link
I Palm Beach County Supervisor of Elections
www.pbcelections.org
Again, congratulations on a successful election season. The Palm Beach County Supervisor of Elections looks
forward to many future elections in partnership with our local governments.
Sincerely,
•
(J
Wendy Sartory Link
Supervisor of Elections Palm Beach County
240 South Military Trail.West Palm Beach.FL 33415 I Post Office Box 22309.West Palm Beach.FL 33416
Telephone:561.656.6200 I Fax Number:561.656.6287