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 Delray Beach
 Code of Ordinances
 DELRAY BEACH CHARTER
 Article V. ELECTIONS

  § 5.04. ELECTIONS GENERALLY.  

Latest version.

  • (A)

    Number of Votes per Elector. Each elector shall be entitled to vote for each of the vacant seat numbers for the office of Commissioner and shall also be entitled to one vote for a candidate for the office of Mayor when there is a vacancy in that office; provided, however, no elector shall be entitled to cast more than one vote for any candidate.

    (B)

    Highest Number of Votes to Elect in First Nonpartisan Election. In a nonpartisan election, a candidate for each of the seats on the ballot for the offices of Commissioners or for the office of Mayor who receives the highest number of votes even if it is not a majority of the votes cast by all electors casting ballots for that office shall be declared to be elected; provided, however, notwithstanding the foregoing provision, should two (2) or more candidates tie for the highest number of votes from all electors casting ballots for that seat for Commissioner or for the office of Mayor, then the candidates receiving the highest number of votes shall be declared candidates for the second nonpartisan election.

    (C)

    If One Person Qualifies for a Seat. In the event that not more than one person qualifies as a candidate for each of the seats for the offices of Commissioners or for the office of Mayor in the nonpartisan election, then an election shall not be held. Each candidate shall be deemed to have voted for himself or herself.

    (D)

    If No Person Qualifies or Assumes Office. If no person qualifies as a candidate for any particular seat for the office of Commissioner or for the office of Mayor or assumes office, then those seat(s) shall be declared vacant and it shall be the duty of the members of the Commission who are seated following the organizational meeting provided for in Section 3.04 of this Charter, by majority vote to appoint a qualified person to fill the vacancy. The member(s) appointed to fill a vacancy in the office of Commissioner or the office of Mayor shall serve as provided by Section 3.08 of this Charter.

    (E)

    Candidates for Second Nonpartisan Election.

    (1)

    In the second nonpartisan election, there shall be on the ballot those candidates for seats for the office of Commissioner or for the office of Mayor for those offices wherein candidates tied for the highest number of votes from all electors casting ballots for that seat or office in the first nonpartisan election. The names of the candidates to be voted upon at the second nonpartisan election shall be the candidates which tie for the highest number of votes in the nonpartisan election.

    (2)

    In the event a candidate withdraws or dies before the second nonpartisan election and leaves only one candidate for each vacancy for a seat for the office of Commissioner or for the office of Mayor to be filled, then the second nonpartisan election shall not be held for that office. Each candidate shall be deemed to have voted for himself or herself.

    (F)

    Method of Election in a Second Nonpartisan Election. In the second nonpartisan election, the remaining offices shall be filled by the candidate(s) receiving the highest number of votes for each seat for the office of Commissioner or for the office of Mayor.

(Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Am. Ord. No. 68-78, passed 9/25/78, Adopted at Referendum 11/7/78; Am. Ord. No. 7-83, passed 1/25/83, Adopted at Referendum 3/1/83; Am. Ord. No. 99-85, passed 9/24/85, Adopted at Referendum 11/5/85; Am. Ord. No. 79-91, passed 11/19/91, Adopted at Referendum 3/10/92; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02; Ord. No. 35-12, § 6, passed 10/16/12, Adopted at Referendum 3/12/13)