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