2008-03 Elections Code AmendmentORDINANCE 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SUPERSEDED LANGUAGE AND OTHERWISE CONFORM TO STATE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to remove conflicting and superseded provisions and to otherwise conform to state law; and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 welfaze.
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 inwrporated 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 language is
underlined and deleted language is stacken-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 often 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
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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 often 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 prepazed 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.
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(s ~ 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 particulaz office shall be automatically extended by one (1)
week. The Village Clerk shall cause to be published at the eazliest 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) ofwhich shall be the bulletin boazd in the village hall.
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Sec. 10-9 6. Conduct of
• elections.
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(3 )) Village elections shall be conducted in a prover and legal manner
under the supervision of the Village Clerk and in conjunction with
• the Palm Beach Countv 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.
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Sec. 10-3 7. Early voting.
The village hereby exercises its right under Florida law to exempt itself
from the provisions ofF.S. § 101.657, Eazly 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 language is
underlined and deleted language is st~ielcen-t#reugh):
ARTICLE IV. POLLING I'bAE)r LOCATIONS
Sec.10-76. Designated.
The polling place locations of the village shall be as hereinafter
designated, from time to time, by the Village eeuxei~l Clerk and the Palm Beach
• Count Su ervisorofElections.
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Section 4. The Village Council hereby repeals Article III, "Inspectors and Clerk," of Chapter
10, "Elections," ofthe Village Code ofOrdinances in its entirety.
Section 5. The provisions of this Ordinance shall become and be made a part of the Code of
Ordinances ofthe Village ofNorth 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.
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Section 8. This Ordinance shall take effect immediately upon adoption.
J
•
•
PLACED ON FIRST READING THIS 10th DAY OF JANUARY, 2008
PLACED ON SECOND, FINAL READING AND PASSED THIS
(Village Seal)
~ATTEST:~''~
VILLAGE CLERK
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
DAY OF JANUARY, 2008.
MA
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