2019-05 Date Change for 2020 Election and QualifyingORDINANCE 2019-05
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, CHANGING THE DATE OF THE
MARCH 2020 GENERAL ELECTION TO COINCIDE WITH THE
STATEWIDE PRESIDENTIAL PREFERENCE PRIMARY; ESTABLISHING
THE DATES FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR
COMMENCEMENT AND LENGTH OF TERM OF OFFICE; PROVIDING
FOR TRANSMITTAL TO THE SUPERVISOR OF ELECTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Palm Beach County Supervisor of Elections has advised the Village that the
County voting system will not be available for the March 10, 2020 general election because the
Florida Legislature has established March 17, 2020 as the date for the Presidential Preference
Primary; and
WHEREAS, in order to utilize the County voting system and the services of the County
Supervisor of Elections, the Village is required to move the date of its election to coincide with
the Presidential Preference Primary; and
WHEREAS, because of state and federal laws governing overseas and military ballots, the Village
will be required to submit the names to appear on the ballot on or before December 17, 2019; and
WHEREAS, Section 101.75(3), Florida Statutes, provides that the governing body of a
municipality may, by ordinance, move the date of any municipal election to a date concurrent
with any statewide or countywide election; and
WHEREAS, Section 101.75(3), Florida Statutes, further requires that an ordinance moving the
date of a municipal election specifically provide the candidate qualifying dates for the election; and
WHEREAS, Section 100.3605(2), Florida Statutes, allows the governing body of a municipality
to change the dates for qualifying and for the election of members of the governing body set
forth in a municipal charter by ordinance and to provide for the orderly transition of office
resulting from such date changes without the need for a referendum; 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.
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Section 2. The Village Council hereby establishes Tuesday, March 17, 2020 as the date of the
Village's general municipal election for 2020. Any qualified elector may become a candidate for any
office to be filled at the March 2020 general election by paying the applicable qualifying fee and
filing with the Village Clerk during regular business hours from December 9, 2019 through
December 17, 2019. The term of office for candidates elected at the March 2020 general election
shall commence as set forth in Article III, Section 2 of the Village Charter, provided, however,
that the term of the candidates elected in March 2020 shall be shortened by a period of one week.
Section 3. Upon adoption, the Village Council directs the Village Clerk to provide a copy of
this Ordinance to the County Supervisor of Elections.
Section 4. 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 5. All ordinances or parts of ordinances or resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 13TH DAY OF JUNE, 2019.
PLACED ON SECOND, FINAL READING AND PASSED THIS 27TH DAY OF JUNE, 2019.
(Village Seal)
ATTEST:
T VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
2
VILLAGE ATTORNEY
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M A C 0 CLL
MAYOR