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 Palmetto Bay
 Code of Ordinances
 VILLAGE OF PALMETTO BAY - VILLAGE CHARTER
 Article V. ELECTIONS

§ 5.1. Elections.  

Latest version.

  • (A)

    Electors. Any person who is a resident of the Village, has qualified as an elector of the State, and registers to vote in the manner prescribed by law, shall be an elector of the Village.

    (B)

    Nonpartisan Elections. All elections for the Council, Vice-Mayor and Mayor shall be conducted on a nonpartisan basis. The ballot nor any campaign literature shall show the party designation of any candidate. Nonpartisan office means an office for which a candidate is prohibited from campaigning or qualifying for election or retention in office based on party affiliation. A willful violation of this provision shall be enforced by the State Attorney. A judicial determination of a violation shall be grounds for removal from elected office and subject the individual to a fine up to $1,000.00, per willful violation, and not to exceed a total of $10,000.00. Action by the State Attorney is not the exclusive remedy for a violation of this Section.

    (C)

    Election Dates. A general election shall be held in each even-numbered year, on the first Tuesday following the first Monday in November of that year. A runoff election, if necessary, shall be held by the Village as provided by ordinance, which ordinance shall schedule and authorize the runoff date, in compliance with state law. The Council shall hold no meetings between the general election and the swearing in of those newly elected or re-elected Council members except in the case of an emergency affecting life, health, property or the public peace.

    (D)

    General Election. The ballot for the general election shall contain the names of all qualified candidates for Mayor, if the Mayor's term is expiring, and for each of the seats which are to be filled as a result of members' terms expiring. The ballot shall instruct electors to cast one vote for Mayor or Vice-Mayor, if applicable, and one vote for each Council Seat, with a maximum of one vote per candidate. If any candidate for Mayor receives a number of votes greater than 50% of the total number of ballots cast, such candidate shall be the duly elected Mayor and no run-off election for Mayor shall be required. If any candidate for Vice-Mayor receives a number of votes greater than 50% of the total number of ballots cast, such candidate shall be the duly elected Vice-Mayor and no run-off election for Vice-Mayor shall be required. If any candidate for a Council Seat receives a number of votes greater than 50 percent of the total number of ballots cast, such candidate(s) shall be duly elected to the Council and no run-off election for that Seat(s) shall be required.

    (E)

    Run-off Election. If necessary, the ballot for the runoff election shall contain the names of the two candidates for Mayor, the two candidates for Vice-Mayor, and the names of the two candidates for each Council Seat, who received the most votes in the general election. The ballot shall instruct electors to cast one vote for Mayor, one vote for Vice-Mayor, and one vote for each Council Seat, with a maximum of one vote per candidate. The candidate for Mayor receiving the most votes shall be duly elected Mayor. The candidate for Vice-Mayor receiving the most votes shall be duly elected Vice-Mayor. The candidate for each Council Seat receiving the most votes shall be duly elected to that Council Seat.

    (F)

    Special Elections. Special elections, when required, shall be scheduled by the Council at such times and in such a manner as shall be consistent with this Charter and State law.

    (G)

    Single Candidates. No election for Mayor or Vice-Mayor or any Council Seat shall be required in any election if there is only one duly qualified candidate for Mayor, Vice-Mayor or for any Council Seat. That candidate shall be considered elected by operation of law.

    (H)

    Commencement of Terms. The term of office of all elected officials will commence at the next regularly scheduled council meeting following the day of the run-off election or, if there is no run-off election for Mayor, Vice-Mayor or Council Seat, at the next regularly scheduled council meeting after the general election.

(Election of 11-8-2016)