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O94-05L ORDINANCE O94-~ AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 2-46 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 REPEAL OF EXISTING PROCEDURES; PROVIDING FOR RECOGNITION OF ABSENTEE BALLOTING AND THE QUALIFI:CATION OF ABSENTEE VOTERS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 16.6.031(6), Florida Statutes, requires each municipality to provide procedures for filling a vacancy in a candidacy caused by the death, withdrawal or removal from the i~ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two (2) candidates for an office; and WHEREAS, the City Commission believes the procedures established herein will provide for a timely and beneficial process to fill vacancies resulting from the death, withdrawal or removal of qualified candidates; 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 upon adoption hereof. Section 2. Code Section 2-46 of the Code of Ordinances entitled "Vacancy in Candidacy" is hereby deleted in its entirety and a new Section 2-46 is hereby adopted to read as follows: Sec.2-46. Vacancy in Candidacy. a) If the death, withdrawal or removal from the ballot of a qualified candidate for City Commissioner occurs after the close of registration for candidates for this office, and if the death, withdrawal or removal leaves fewer than two (2) candidates from that office, and at least thirty-five (35) days remain before the election, the qualifying period for that office shall be reopened for a period of five (5) days following the date the vacancy occurs. All qualified candidates registered during that period shall be placed on the ballot at the general municipal election along with the remaining candidate. The City Clerk shall promptly post notice at City Hall, in a conspicuous place, of reopening of the registration period. The City Clerk shall, in conjunction with procedures established by the Supervisor of Elections of Palm Beach County, Florida, make a bona fide attempt to contact all persons requesting absentee ballots so as to advise such absentee voters of the death, withdrawal or removal from the ballot of a qualified candidate for City Commissioner. The procedures set forth in subsection (e) hereinafter, shall also apply. b) If the death, withdrawal or removal from the ballot of a qualified candidate for City Commissioner occurs and there is less than thirty- five (35) days before the election, the election for that specific seat shall be delayed from its scheduled date by not less than forty-five (45) nor more than sixty (60) days, at which time a special municipal election for that office only shall take place. Qualifying shall be re-opened for a period of ten (10) days beginning the day after the vacancy occurs. The City Clerk shall promptly advertise at least one notice of the rescheduled election and reopening of registration in a newspaper of general circulation in the City of Boynton Beach. The Notice shall be a quarter page display advertisement appearing at least ten (10) days prior to the rescheduled election date. c) Any remaining candidate for that office shall not be required to re-qualify for election or pay a second qualifying fee. Any remaining candidate shall not be declared an unopposed candidate under Chapter 106, Florida Statutes, unless no additional candidate qualifies for election during the supplemental qualifying period. Any remaining candidate may continue to accept contributions pursuant to Chapter 106, Florida Statutes, or until he is declared unopposed. If he is declared unopposed pursuant to this section, then within ten (10) days after the close of the supplemental qualifying period the special election shall be canceled. The unopposed candidate shall be declared elected at an organizational meeting of the City Commission and the Oath of Office shall be administered at that time. d) The filing of campaign expense statements pursuant to Chapter 106, Florida Statutes, by candidates in a special election called under subsection (b), including the remaining candidate, shall not be later than such dates as fixed by the City Clerk. e) If a special election is called pursuant to subsection (b), and other candidates qualify for election during the supplemental qualifying period, supplemental absentee ballots for the special election shall be mailed to any absentee voter who was mailed an absentee ballot for the regular election as well as provided to other voters who properly request them. If an absentee voter returns the initial ballot he was mailed, his vote for that office for which the special election was called shall be null and void, but his votes on all other offices and issues shall be counted. Section 3. Codification. It is the intention of the City Commission of the City of Boynton Beach, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this ordinance may be renumbered, re- 1 ett ered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4o Severability. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. Section 5. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall take effect immediately upon adoption. FIRST READING this /~" day of February, 1994. SECOND, FINAL READING AND PASSAGE this / day of March, 1994. ATTEST: 'Ci~ Clerk (Corporate Seal) Spelect.Ord 2/11/94