CITY OF PALM BEACH GARDENS
CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: July 1, 2015
Ordinance 7, 2015
Subject/Agenda Item: Temporary Date Change to the Uniform Municipal Election
(X]
Recommendation to APPROVE
Recommendation to DENY
Reviewed by:
Originating Dept.:
City Clerk
Costs: $___0--:-:---_
(Total)
Pa~MC,
Council Action :
1Approved
$._ _,---=-Current FY
1Approved w/
Conditions
City Clerk
1Denied
Advertised : NA
Funding Source:
] Continued to:
Date: June 16, 2015
[ 1Operating
Paper: Palm Beach
Post
[x 1Other
[ 1Not Required
N/A
Submitted by:
Contract/Agreement:
Department Director
Effective Date:
_ _ _.N/A.______
(~c
atnc1a mder,
City Clerk
Expiration Date:
_ _ _N,/A. ____
,
Affected parties
r-------------~
Approved by:
[ ] Notified
[ 1Not required
Budget Acct.#:
Attachments :
• Ordinance 7, 2015
• April 10, 2015
Memorandum from
PB County SOE
Meeting Date: July 1, 2015
Ordinance 7, 2015
Page 2 of2
BACKGROUND: Section 4-1 of the City Charter establishes the date for City municipal
elections as the second Tuesday of March and the fourth Tuesday of March for any
necessary runoff election in the calendar year of 2016.
In March 2015, the Florida Legislature established the date of the Federal Presidential
Preference Primary (PPP) as the third Tuesday of March- March 15, 2016. Governor
Scott has approved and signed the date into law.
Though moving the dates of the City's 2016 municipal election requires an amendment to
Article IV, Section 4-1 fthe City Charter, Sections 100.3605, 101 .75, and 166.021 , Florida
Statutes, permits the City to amend its Charter in order to change the date of its municipal
election and associated qualifying period by ordinance and without referendum.
In an April10, 2015 memorandum to the Municipal Clerks of Palm Beach County, Susan
Bucher, Palm Beach County Supervisor of Elections (SOE) is requiring all municipalities to
move their municipal election date to March 15, 2016 to coincide with the federal
Presidential Primary election.
Ms. Bucher has informed us that the voting equipment currently used by the elections
office only allows input of one election cycle at a time. Holding elections one week apart
would not allow enough time for Ms. Bucher to perform the tasks required by law preceding
each election, i.e. programming voting machines, arranging the translation of ballots,
preparing absentee ballots and sample ballots, delivery and pick up of voting equipment,
preparing precinct scanners and ADA equipment and tabulation of the final election results.
CITY COUNCIL: On June 4, 2015, the City Council approved Ordinance 7, 2015 on first
reading by a vote of 5 to 0.
STAFF RECOMMENDATION:
presented on second reading.
Staff recommends approval of Ordinance 7, 2015 as
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ORDINANCE 7, 2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE CITY CHARTER AT
ARTICLE IV. SECTION 4-1.1N ORDER TO MOVE THE DATE OF THE
2016 MUNICIPAL ELECTION TO THE THIRD TUESDAY OF MARCH
TO COINCIDE WITH THE 2016 FEDERAL PRESIDENTIAL PRIMARY
ELECTION; FURTHER AMENDING SECTION 4-1 TO REVISE THE
DATES FOR QUALIFYING AND FOR ANY NECESSARY RUNOFF
ELECTION; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF THE CHARTER OF THE CITY OF PALM
BEACH GARDENS SHALL REMAIN IN FULL FORCE AND EFFECT
AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE,
A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Article IV, Section 4-1 of the City Charter establishes the date for City
municipal elections as the second Tuesday of March of each year in which there is a City
municipal election, establishes the date for any necessary runoff election as the fourth
Tuesday of March, and further establishes the date for qualifying for City municipal
elections as the last fifteen (15) days of January in the year of the election; and
WHEREAS, in the year 2016, the federal presidential primary election will fall on
the third Tuesday of March; and
WHEREAS, the City Council desires to move the City's 2016 municipal election to
the third Tuesday of March in order to coincide with the federal presidential primary
election, and to adjust the dates for the associated qualifying period and any necessary
runoff election accordingly; and
WHEREAS, moving the dates of the City's 2016 municipal election, qualifying
period, and runoff election requires an amendment to Article IV. Section 4-1. of the City
Charter; and
WHEREAS, Sections 100.3605, 101 .75, and 166.021, Florida Statutes, permit the
City to amend its Charter in order to change the date of its municipal election and
associated qualifying period by ordinance and without referendum ; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interest of the health, safety, and welfare of the residents and citizens of the City of Palm
Beach Gardens.
Page 1 of 4
Ordinance 7, 2015
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
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SECTION 1. The foregoing facts and recitals set forth hereinabove are hereby
adopted and incorporated by reference as if fully set forth herein.
SECTION 2. The Charter of the City of Palm Beach Gardens, Florida is hereby
amended at Article IV. Section 4-1 . Election; terms, general elections; filing fees; notice;
runoff elections. in order to change the date of the 2016 municipal election to the third
Tuesday of March to coincide with the federal presidential primary election , and to revise
the dates for the associated qualifying period and any necessary runoff election; providing
that Section 4-1 . shall hereafter read as follows:
ARTICLE IV: THE CITY COUNCIL
Section 4-1. Election; terms, general elections; filing fees; notice; runoff elections.
The elective officers under this Charter shall be the five (5) members of the city
council. The selection of members of the city council shall be by groups to be known as
Groups 1, 2, 3, 4 and 5. The council members in Groups 2 and 4 shall, in the year 1977,
be elected for a term of three (3) years, and for three-year terms thereafter; council
members in Groups 1, 3 and 5 shall be elected for a term of three (3) years in the year
1978 and for three-year terms thereafter. The term of office of council members shall
commence on the first regularly scheduled meeting of the city council following date of
their election and shall continue for three (3) years thereafter until their successors are
elected and qualified. No individual shall be elected to the office of council member for
more than two (2) consecutive full terms. Service in a term of office which commenced
prior to the effective date of any term limit enacted on council members will be credited
against any term limitation approved by the Palm Beach Gardens' electorate.
General elections shall be held on the second Tuesday of March. except in year 2016.
when the election shall be held on the third Tuesday of March to coincide with the federal
presidential primarv. Any candidate seeking election as council member shall file with
the city clerk a written notice to such effect during the last fifteen (15) calendar days of
January in the year of the election, except in the year 2016. when the written notice shall
be filed during the last fifteen (15) days of November, 2015, and shall pay such filing fee
as shall be set by ordinance. Such notice shall state the number of the group to which he
or she seeks to be elected, and any other data required by ordinance. All candidates and
council members shall be electors of the city. Whenever a general or special election is
held to fill any elective office in the City of Palm Beach Gardens, the candidate receiving
a majority of the votes cast at such election to fill such office shall be declared to be duly
elected ; provided that in the event no candidate for a particular elective office shall receive
a majority of the votes cast for such election to fill such office, then a runoff election shall
be held on the fourth Tuesday in March of the same calendar year said general election
was held. except for the year 2016, when any required runoff election shall be held on
the fifth Tuesday of March; and in the event a special election is held, and a runoff election
Page 2 of 4
Ordinance 7, 2015
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is required, then said runoff election shall be held two (2) weeks from date of said original
special election; provided further, that in such event only the names of the two (2)
candidates having received the greatest number of votes in the general or special election
for such office shall be submitted to the voters and the one of these two (2) receiving the
majority number of votes in such runoff election shall be declared to be duly elected to
such office; provided further, that should two (2) or more candidates receive an equal
number of votes to any such office, so that it cannot be determined which two (2) had
received the greatest and the next greatest number of votes, then the names of all such
candidates shall be submitted at the runoff election and the candidate receiving the
greatest number of votes at such election shall be declared elected to such office,
regardless of whether such candidate received a majority of the votes cast to fill such
office at such runoff election.
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SECTION 3. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
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SECTION 4. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
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SECTION 5. Specific authority is hereby given to codify this Ordinance.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
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Page 3 of 4
Ordinance 7, 2015
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PASSEDthis
1/:-fh dayof
~·
, 2015, upon first reading .
PASSED AND ADOPTED this _ _ day of - - - - - - '
second and final reading .
2015, upon
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CITY OF PALM BEACH GARDENS
FOR
AGAINST
ABSENT
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BY:
--------------------------Eric Jablin, Mayor
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David Levy, Vice Mayor
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Joseph R. Russo, Councilmember
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Robert G. Premuroso, Councilmember
Marcie Tinsley, Councilmember
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ATTEST:
BY:--------------------------Patricia Snider, CMC, City Clerk
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
--------------------------R. Max Lohman, City Attorney
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\\pbgsnas\Attorney\attorney_share\ORDINANCES\2015\0rdinance 7 2015 Amending Election Date- Charter.docx
Page 4 of 4
Palm Beach County f<e<.·et
~-13-ts240 SOUTH MIUTARY TRAIL
WEST PALM BEACH , FL 3341 5
POST OFFICE BOX 22308
WEST PALM BEACH. FL 3341 6
SUSAN BUCHER
TELEPHONE: C561J 656-8200
FAX NUMBER: (561 J 656-62B7
WEBSITE: www.pbcelections.org
Supervisor of Elections
MEMORANDUM
TO:
Municipal Clerks of Palm Beach County
FROM:
Susan Bucher, Palm Beach County Supervisor of
RE:
2016 Presidential Preference Primary and Municipal Elections
Date of March 15, 2016
DATE:
Election~
APRillO, 2015
The Florida Legislature has changed the date of the Presidential Preference Primary to March 15, 2016.
I have been asked to provide documentation regarding the need to change Municipal Elections in 2016 to
the Presidential Preference Primary Election date of March 15, 2016.
The voting equipment currently utilized by the Palm Beach County Supervisor of Elections Office only allows
input of one election cycle at a time; from beginning of preparation of the ballot, through final election
results. Therefore, the voting system will not be available to conduct Municipal Elections on the usual
second Tuesday in March, known as the Uniform Municipal Election Date.
As a result of current state and federal laws that require overseas and military absentee ballots to be
mailed 45 days prior to state or federal elections, we will need to prepare ballots and have our first large
mailing of ballots preprinted as soon as the law requires the state to provide the names of the Presidential
Preference Primary candidates. F.S. 103.101(3} requires the Department of State to certify to each
supervisor the name of each candidate for political party nomination to be printed on the ballot no later
than 12/15/15; therefore, the deadline for municipal candidate names will also be on 12/15/15. If your
municipality intends to have ballot questions on the ballot, the deadline to provide the language for ballot
questions to the supervisor will be 12/11/15, so that we may provide time for the ballot language to be
interpreted, as required by law.
In accordance with F.S. 101.75, the law allows the governing body of a municipality, by ordinance, to move
the date of any municipal election, to change the dates for candidate qualifying and the term of office for
any elected municipal official to a date concurrent with any statewide or countywide election, as provided
by relevant municipal charter or ordinance.
I have provided the attached calendar of dates and copies of the laws for your review. If I may provide any
additional information, please do not hesitate to contact me.
PRESIDENTIAL PREFERENCE PRIMARY ELECTION MARCH 15, 2016
CALENDAR
FRIDAY, DECEMBER 11, 2015
Deadline for municipal ballot questions (time to
get interpreted).
TUESDAY, DECEMBER 15, 2015
State to provide candidate names per F.S. 103.10 1
and deadline for municipal candidate names.
FRIDAY, JANUARY 29, 2016
Send UOCAVA absentee ballots (45 days is
January 30, 2016).
TUESDAY, FEBRUARY 9, 2016
Send civil and domestic absentee ballots (35 days).
TUESDAY, MARCH 15, 2016
Presidential Preference Primary
'
Page 1 of2
Statutes & Constitution :View Statutes : Online Sunshine
Select Year: 12014 ~-
The
2014
~.91
Florida Statutes
T1tle IX
Chapter 103
ELECTORS AND
ELECTIONS
PRESIDENTIAL ELECTORS; POLITICAL PARTIES;
EXECUTIVE COMMITTEES AND MEMBERS
View Entire
Chapter
103.101
Presidential preference primary. -(1) Each political party other than a minor political party shall, at the presidential preference
primary, elect one person to be the party's candidate for nomination for President of the United States
or select delegates to the party's national nominating convention, as provided by party rule. The
presidential preference primary shall be held in each year the number of which is a multiple of 4 on the
first Tuesday that the rules of the major political parties provide for state delegations to be allocated
•without penalty. Any party rule directing. the
vote
of . delegates. at a national nominating convention shall
.
.
reasonably reflect the results of the presidential preference primary, if one is held.
(2) By November 30 of the year preceding the presidential preference primary, each political party
shall submit to the Secretary of State a·ust of its presidential candidates to be placed on the
presidential preference primary ballot or candidates entitled to have delegates appear on the
presidential preference primary ballot. The Secretary of State shall prepare and publish a list of the
names of the presidential candidates submitted not later than on the first Tuesday after the first
Monday in December of the year preceding the presidential preference primary. The Department of
State shaH immediately notify each presidential candidate listed by the Secretary of State. Such
notification shall be in writing, by registered mail, with return receipt requested.
(3) A candidate's name shall be printed on the presidential preference primary ballot unless the
candidate submits to the Department of State, prior to the second Tuesday after the first Monday in
December of the year preceding the presidential preference primary, an affidavit stating that he or she
is not now, and does not presently intend to become, a candidate for President at the upcoming
nominating convention. If a candidate withdraws pursuant to this subsection, the Department of State
shall notify the state executive committee that the candidate's name will not be placed on the ballot.
The Department of State shalL no later than the third Tuesday after the first Monday in December of
the year preceding the presidential preference primarf, certify to each supervisor of elections the name
of each candidate for political party nomination to be printed on the ballot.
(4) The names of candidates for political party nominations for President of the United States shall
be printed on official ballots for the presidential preference primary election and shall be marked,
counted, canvassed, returned, and proclaimed in the same manner and under the same conditions, so
far as they are applicable, as in other state elections. If party rule requires the delegates' names to be
printed on the official presidential preference primary ballot, the name of the presidential candidates
for that political party may not be printed separately, but the ballot may reflect the presidential
candidate tQ whom the delegate is pledged. If, however, a political party has only one presidential
candidate, neither the name of the candidate nor the names of the candidate's delegates shall be
http://www.leg.state.fl.us/statutes/index.efm?App_mode=Display_Statute& Search_String=... 3/16/2015
.
Statutes & Constitution :View Statutes : Online Sunshine
Page 2 of2
printed on the ballot.
(5) The state executive committee of each party, by rule adopted at least 60 days prior to the
presidential preference primary election, shall determine the number, and establish procedures to be
followed in the selection, of delegates and delegate alternates from among each candidate's
supporters. A copy of any rule adopted by the executive committee shall be filed with the Department
of State within 7 days after its adoption and shall become a public record. The Department of State shall
review the procedures and shall notify the state executive committee of each political party of any
ballot limitations.
(6) All names of candidates or delegates shall be listed as directed by the Department of State.
Hfstory.-s. 3, ch. 6469, 1913; RGS 301; CGL 357; ss. 1, 2, 3, ch. 22058, 1943; s. 1, ch. 22729, 1945; s. 1, ch. 25235, 1949;
s. 7, ch. 26870, 1951; s. 1, ch. 29947, 1955; s. 4, ch. 67-353; ss. 10, 35, ch. 69-106; s. 2, ch. '71-236; s. 2, ch. 75-246; s. 1, ch.
77-174; s. 32, ch . 77-175; s. 14, ch. 82-143; s. 1, ch. 84-92; s. 1, ch. 86-97; s. 32, ch. 89-338; s. 15, ch. 91·45; s. 608, ch. 95147; s. 28, ch. 2001-40; s. 3, ch. 2007-30; s. 27, ch. 2008-95; s. 47, ch. 2011-40; s. 28, ch. 2012-116; s. 20, ch. 2013-57.
Note.-Former ss. 102.03, 102.72.
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Statutes
& Constitution :View Statutes: Online Sunshine
Page 1 of 1
Select Year:
The 2014 Florida Statutes
Tit\e IX
ELECTORS AND ELECTIONS
101.75
{1)
Chapter 101
View Entire Chapter
VOTING METHODS AND PROCEDURE
Municipal elections; change of dates for cause.-
In any municipality, when the date of the municipal election falls on the same date as any
statewide or county election and the voting devices of the voting system used in the county are not
available for both elections, the municipality may provide that the municipal election may be held
within 30 days prior to or subsequent to the statewide or county election.
(2} The date of the municipal election shall be set by the municipality by ordinance.
(3)
Notwithstanding any provision of local law or municipal charter, 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. The dates for qualifying for the election moyed by the passage of
such ordinance shall be specifically provided for in the ordinance. The term of office for any elected
municipal offfcial shall commence as provided by the relevant municipal .charter or ordinance.
History.-ss. 1, 2, ch. 59·493; s. 1, ch. 76·68; s. 24, ch. 77-175;,.s. 5, ch. 92-16; s. 26, ch. 2001-40; s. 4, ch. 2007-30; s. 23,
ch. 2008·95; s. 42, ch. 2011-40.
Note.-Formeq. 104.45!.
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