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 Delray Beach
 Code of Ordinances
 DELRAY BEACH CHARTER
 Article VI. INITIATIVE, REFERENDUM

  § 6.05. PROCEDURE FOR FILING.  

Latest version.

  • (A)

    Certificate of City Clerk; Amendment. Within twenty (20) days after the initiative petition is filed and five (5) days after a referendum petition is filed, the City Clerk shall complete a certificate as to its sufficiency. The certificate shall specify any deficiencies and defects and the City Clerk shall promptly send a copy of the certificate to the petitioners' Committee by Certified mail. Grounds for insufficiency are only those specified in Section 6.04. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' Committee files a notice of intention to amend it with the City Clerk within two (2) days after receiving the copy of his or her certificate and files a supplementary petition within ten (10) days after receiving the copy of such certificate. Additional signatures may be gathered in this ten (10) day period in order to meet the minimum required number of electors. Such supplementary petition shall comply with the requirements of subsections (B) and (C) of Section 6.04. Within five (5) days after it is filed the City Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' Committee by Certified mail as in the case of an original petition.

    (B)

    Final determination of Sufficiency by City Clerk. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' Committee does not elect to amend or request Commission review under subsection (C) of this Section within the time required, the City Clerk shall promptly present his or her certificate to the Commission and the certificate shall then be a final determination as to the sufficiency of the petition.

    (C)

    Commission Review. If a petition has been certified insufficient and the petitioners' Committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the Committee may, within two (2) business days after receiving the copy of such certificate, file a request for review by the City Commission and the Commission's determination of sufficiency of the petition, shall be the final determination.

(Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02; Ord. No. 35-12, § 7, passed 10/16/12, Adopted at Referendum 3/12/13)