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ORDINANCE
#092-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 2, ARTICLE III, BY CREATING A NEW
SECTION 2-46 OF THE CODE OF ORDINARCES OF THE
CITY OF BOYNTON BEACH, FLORIDA, TO BE
ENTITLED, "VACANCY IN CANDIDACY" TO PROVIDE
FOR CERTAIN PROCEDURES TO FILL VACANCIES IN
CANDIDACY CAUSED BY DEATH, WITHDRAWAL, OR
REMOVAL FROM THE BALLOT OF QUALIFIED
CANDIDATES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature has enacted Section
166.031(6), Florida Statutes, requiring each municipality to
provide procedures for filling a vacancy in a candidacy caused by
death, withdrawal, or removal from the ballot of a qualified
candidate following the end of the qualifying period which leaves
fewer than two candidates for an office; and
WHEREAS, the City Commission desires to adopt procedures in
9rder to conform its ordinances to the requirements of the new
State law;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby
made a specific part of this Ordinance.
Section 2. Chapter 2, Article III, Section 2-46 of the
Code of Ordinances of the City of Boynton Beach, Florida, is
hereby created to read as follows:
Sec. 2.46 Vacancy in Candidacy
(a) If the withdrawal, death, or
oualified candidate followinq the end of
period results
removal of ~
the qualifying
in only one candidate remaininq on the ballot
CODING:
Words in s~me~-~h~sm~h type are deletion from
existing law;
Words in underscore___~d type are additions.
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ORDINANCE NO.
for that office, the remaining candidate shall be declared
elected and no election for that office shall be required.
~b) The remaining candidate shall not be declared an
unoPPosed candidate under Chapter 106, Florida Statutes.
¢c)¢1~ If the death, withdrawal or removal from tho
ballot of a oualified candidate following the end of thm
~ualifvin~ meriod results in no candidates for an office,
and more than 21 days remain prior to the date of thm
election, oualifvinq shall be reopened to allow candidates
to ~ualify for the election to that office in accordanco
with the City Charter and Code. Any candidate wishing to
~ualifv shall file the qualifying statement and petition
required by the City charter, accompanied by such qualifying
fees as set by the City Code. no later than noon of the 21st
day prior to the date of election.
~c)~2) If less than 21 days remain to the election
date after the death, withdrawal, or removal from the ballot
of the lone qualified candidate for an office, and if a
vacancy shall result on the City Commission, the remaining
Commissioners shall appoint by majority vote a person
otherwise qualified to be a commissioner, and the person so
appointed shall serve as commissioner until the next general
election. If the Co~ssion does not appoint a person to
fill the vacancy within 30 days after the first reqular
commission meeting held after the vacancy has occurred, a
special election shall be held in order to fill the vacancy
for the unexpired portion of the entire term. The special
election shall be held not less than 30 days nor more than
90 days after the initial 30-day period has expired
(¢)¢3) If the qualifying period is reopened pursuant
to ~5.03(c)(1), supplemental absentee ballots reflecting tho
new candidates who have qualified for that office only shall
be mailed by the City Clerk as soon as possible to any
absentee voter who was mailed an absentee ballot. If an
absentee voter returns the initial ballot he was mailed, h~s
vote for the office for which ~ualification was reopened
will be null and void. but his votes on all other offices
and issues shall be counted.
Cd) The name of any qualified candidate who ha~
withdraw, died, or been removed from the ballot shall not bo
nrinted on the ballot. If the ballot cannot be chan~ed, any
votes for that candidate shall be null and void.
(e) A candidate withdrawing or being removed from the
ballot after havin~ ~ualified and paid the qualification feo
shall not receive a refund of the qualifying fee~
Section 3. Ail Ordinances or parts of Ordinances,
~esolutions or parts of Resolutions in conflict herewith be and
the same are hereby repealed to the extent of such conflict.
CODING:
Words in se~ek-%h~eH~h type are deletion from
existing law;
Words in underscore___~d type are additions.
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ORDINANCE NO.
Section 4. If any clause, section, or other part or
application of this Ordinance shall be held by any court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be
considered as eliminated and so not effecting the validity of the
remaining portions or applications remaining in full force and
effect.
Section 5.
This Ordinance shall
immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION
BOYNTON BEACH, FLORIDA ON THE FIRST READING THIS
/~/~// , 1992.
PASSED AND ADOPTED BY
BOYNTON BEACH, FLORIDA,~ ON
DAY OF ~/~/~/~
become effective
ATTEST:
OF THE CITY OF
/~ DAY OF
lerk ~-
(CORPORATE SEAL)
JAc:au110/]/91111/l~/91 ~710/gZI~/17/gZJ4/1/gZJ
[A:ppord(disk)lbbord.doc]
THE CITY COMMISSION OF THE CITY OF
SECOND AND FINAL READING, THIS ~
1992.
CI~HT~_ B~LORI DA
Mayor
~Smmiss ion~,m
CODING:
Words in s~sk-~h~e~§h type are deletion from
existing law;
Words in underscored type are additions.
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