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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