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Home My WebLink About2008-03 Elections Code Amendment• • • ORDINANCE 2008-03 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," AND ARTICLE IV, "POLLING PLACE" AND REPEALING ARTICLE III, "INSPECTORS AND CLERK," OF CHAPTER 10, "ELECTIONS," OF THE VILLAGE CODE OF ORDINANCES TO REMOVE SUPERSEDED LANGUAGE AND OTHERWISE CONFORM TO STATE LAW; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the enactment of Chapter 83-498, the Florida Legislature, by Special Act, provided for uniform filing dates and uniform election dates for municipal elections within Palm Beach County; and WHEREAS, Section 100.3605, Florida Statutes, provides that the Florida Election Code shall govern municipal elections and prohibits a municipality from adopting an ordinance that conflicts with state law; and WHEREAS, the Village Council wishes to amend its Code provisions governing Village elections to remove conflicting and superseded provisions and to otherwise conform to state law; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are hereby ratified and incorporated herein. Section 2. The Village Council hereby amends Article I, "In General," of Chapter 10, "Elections," of the Village Code of Ordinances to read as follows (additional lanauase is underlined and deleted language is stricken through): ARTICLE I. IN GENERAL. * * * Sec. 10-5. Candidates for office; qualifying. (a) Any qualified elector within the village may become a candidate for any office to be filled at any general election by paying to the Village Clerk a qualifying fee in the sum of ten dollars ($10.00) and by filing with the Village Clerk during the time period from noon on the last Tuesday in January to noon on the second Tuesday in February prior to the general election a written notice that he or she intends to be a candidate at such general election. Any qualified elector Page 1 of 5 • • may become a candidate for any office to be filled at any special election by paying to the Village Clerk a qualifying fee in the sum of ten dollars ($10.00) and by filing with the Village Clerk, during the ten (10) days ending three (3) weeks before the special election, a written notice that he or she intends to be a candidate at such election. Such written notice shall state the number of the group in which the candidate seeks to be elected, his place of residence, his age and a description of his residence in the village. Such notice shall also request that the name of the candidate be placed upon the ballot to be prepared for such election, and, in addition, shall be signed by such candidate. The Village Clerk shall supply the names of all candidates and offices to be filled to the Palm Beach County Supervisor of Elections by delivery to that office prior to 5:00 p.m. on the Friday after the close of qualifying. (b) The deadline f r the g , li fyi of ..,ndidate,, ki any election shall be--at-5c00 p.m., Li rtem-st-afidarfi-timeFon the last -day for guta1if pnvrtyo the election. (e 12) If at any time within seventy-two (72) hours prior to the deadline for the qualifying of candidates as set forth in subsection (a) above, all persons who have qualified for any one (1) office in an election have had their names withdrawn from candidacy for any reason, then the deadline for qualification of candidates for that particular office shall be automatically extended by one (1) week. The Village Clerk shall cause to be published at the earliest possible date, in a newspaper of general circulation in the village, a notice of such extension of time for qualifying for such office. In addition, such notice shall be given by posting a copy thereof in at least three (3) public and conspicuous places in the village, one (1) of which shall be the bulletin board in the village hall. The village clork shall preserve all notices of candidacy filed under the previsiena of this chap er- ora-period o aix (z-�6)- months -after the clectioi for which ouch notices are filed. Voting chines i be „sed in any general, runoff and special elections held -within -the -village. In :,'aeh went, the provisions of Chapter 101, Florida Statutes,e relevant to niachife ting, shall apply and by reference are made a part hereof. ee0-8: I mediate1y-=uponrthe expiration of the -time -for the fu" of notice oof candidacy for any election, the village council shall determine the r amcs which Page 2 of 5 • Sec. 10-9 6. ; Conduct of elections. General electi,,, and r, ef-F election ballots shad u the following ei fe lion : (4) The ballot shall bc printed „ e f s el th ek„ess that the printing-eannet-be-distinguished-frem-the-reverse-side.- (2) Across the top of the ballot shall be print cial Ba?lat- General-for Runoff) Election," beneath which ahall be printcd the date of the election, the name of the village and the precinct number, if -a - Awve the caption of the bbloc-shallbe-iw•-(2) stubs .it1, h stubs -with -perforated lines between -the -stubs -and -between -the the lower stub and the top of the ballot. The top stub shall be stub #1 and shall have printed thereon, "General (or Runoff) Election, Official Ballet" and then shall app3ar the village's namc, the precinct number, if any, and the date of the election. On the left elector." On the right side shall be "initials of issuing officer," and there cha11 be a blank line. The second stub shall be the same, cxccpt there shall nat ba a spat Both stubs #1 and 172 for each precinct shall be prenumbered consecutively, beginning with number one (1). (3) Be,�.eatl, the c psi ns nd eceding the e f the c n idates �'7 shall be -the follewing-wordas-iTo vote or-a-persson-wh se name is printed e e bal oalltplace-a cross (X) mark in theat t1,e right of the name af-the-person for rn ,u-desire-te-vo e. e ballet -shall -have -headings -under -which Chat: appear -the -names -of the o ces f llewea by the „ of the . eetive ,. „didates f r 4,laV V111V VJ 1V 1lV YY V<L V,' 1,11V 11GL111VJ V1 {.11V 1VJ1JVVI.IYV V�GTGLJ -ip1" the „ ees r,,,,,..ediate1y folic ing the „ ie of cach office on the ballet shall bc printcd, "Votc for onc." In addition to the names of candidates_whe e fied-few-sued electie, pace shall be a f to d, to a h t Prv�iue ze%a-�`'zica-irrGcincs=ducczrj-te eaetivixic��aiicrti2l�iil�iEir shall contth n an instruction, "To vote for a person whose name is not printed en -tie bailot, w to his nanw in the blank space (4) (51) (X) mark." Village elections shall be conducted in a proper and legal manner under the supervision of the Village Clerk and in coniunction with the Palm Beach County Supervisor of Elections. All elections within the village shall be nonpartisan and no ballot shall contain any reference to or insignia of any political party. Page 3 of 5 • • Whenever a public mcasure Shall be :,ubmitted to the vote of the people, the suc r„bua m ,re p rtc e the baiot ,, e () timo after -the -list of ca ates, if any, f llewed-hy-the phrase, "For the A me„dme„t" and also by -the phase,gain* the Amendment" wi fcient blank space thereafter for the $ac-ing of the symbol "X" to indicate the voter's choice. Sec. 1043 7. Early voting. The village hereby exercises its right under Florida law to exempt itself from the provisions of F.S. § 101.657, Early Voting. Section 3. The Village Council hereby amends Article IV, "Polling Place," of Chapter 10, "Elections," of the Village Code of Ordinances to read as follows (additional lanQuag a is underlined and deleted language is strieken-threes): ARTICLE IV. POLLING PLACE LOCATIONS Sec. 10-76. Designated. The polling place locations of the village shall be as hereinafter designated, from time to time, by the Village council Clerk and the Palm Beach County Supervisor of Elections. S e�c.10-77. The council may designate one (1) of the officers of the police force of the village for each polling place, who ,hall be required to bc prescnt during the whole of the time the polls ere kcpt open and until the election is completed. He shall bc aabjectte-all-laful-eernmands-of the ester d a' ee that there 1J 11�ee � errruptie „f „ „a order Suel pahofficer shall have the power to maintain p e n to & mmo " e from a g the b„sta,-,de,-s to aid him in Section 4. The Village Council hereby repeals Article III, "Inspectors and Clerk," of Chapter 10, "Elections," of the Village Code of Ordinances in its entirety. Section 5. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the Village of North Palm Beach. Section 6. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 7. All ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Page4of5 • • Section 8. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS loth DAY OF JANUARY, 2008 PLACED ON SECOND, FINAL READING AND PASSED THIS 24th DAY OF JANUARY. 2008. (Village Sea1),--:.. ,//,), ,‘",„„„,././0„ .0 /�%�� MAYOR VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 5 of 5