HomeMy WebLinkAboutM-03-0652r SECOND READING
ORDINANCE
CITY OF MIAMI 20
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: April 30, 2003
RE: Proposed First Reading Ordinance -May 8, 2003 City Commission Meeting
Change Tuesday, November 11, 2003 Run -Off Election to be held on Tuesday,
November 18, 2003 (J-03-420)
Miami -Dade County Manager Steve Shiver has requested that the date for the Run -Off (Regular)
Municipal Election, mandated by the Charter of the City of Miami to be held this year on Tuesday,
November 11, 2003, be changed to Tuesday, November 18, 2003, to assure the Miami -Dade County
Supervisor of Elections has sufficient time to accurately program voting machines, print and test -run the
ballot, and process absentee balloting for the Run-off Election (copy of letter attached).
Section 7 of the Charter of the City of Miami provides, inter alia.:
[a] regular [run-off] municipal election for the election of commissioners shall be held on the
second Tuesday after the first Monday in November in odd -numbered years. A nonpartisan primary
election for the nomination of candidates for the commission shall be held on the first Tuesday after the
first Monday in November in odd -numbered years....
However, Section 100.3605(2), Florida Statutes (2002), provides:
(2) The governing body of a municipality may, by ordinance, change the dates for qualifying and
for the election of members of the governing body of the municipality and provide for the orderly
transition of office resulting from such date changes.
To accommodate County Manager Shiver's request, the attached ordinance has been drafted and
submitted to the Agenda Coordinator for placement on the May 8, 2003 Agenda.
A Resolution calling for the Primary and Run -Off Elections for the election of three Commissioners, if
appropriate, will be scheduled on the June 12, 2003 City Commission Agenda. In addition, the City
Commission may direct the City Attorney to draft a resolution for a Charter Amendment on the
November 4, 2003 ballot to amend Charter Section 7 to provide for a permanent two week time span
between all future Primary and Run -Off Elections, as requested by Miami -Dade County.
W868:BSS
Attachments
c: Joe Airiola, City Manager
Priscilla A. Thompson, City Clerk
Elvi a Alonso, Agenda Coordinator
Sylvia Scheider, Assistant City Clerk
Anna Medina, Chief Deputy City Clerk
03- 652
METROPOLITAN DADE C' NTY, FLORIDA
METROCADE W &4P
STEPHEN P. CLARK CENTER
OFFICE OF COUNTY MANAGER
SUITE 2910
111 N.W. 1s1 STREET
March 10, 1003 MIAMI, FLORIDA 33128-1994
(305) 375-5311
Mr. Joe Aniola
City Manager
City of Miami
3500 Pan American Drive
Miami, FL 33133
Dear Manager Arriola:
Miami -Dade County recommends that the Miami City Commission adopt an ordinance changing the date
of your upcoming Regular Election (runoff) from November 11, 2003 to November 18, 2003.
Additionally, it is recommended that all future election dates be amended to provide a minimum of two
weeks between primary and regular elections. Section 100.3605(2), Florida Statutes states:
The governing body of a municipality may; by ordinance, change the dates for qualifying and for
the elections of members of the governing body of the municipality and provide for the orderly
transition of office resulting from such date change.
The additional time between elections is essential to offering voters the opportunity to vote both in-person
on Election Day as well as by absentee ballot Should a general election be necessary, two weeks between
the primary and regular elections will allow for the accurate programming of the voting machines as well
as the preparation, printing, testing and return of absentee ballots.
Enclosed for your reference is a copy of the ordinance that was adopted in 1997 by the Miami City
Commission changing the date of the regular election. A member of my staff will gladly make a
presentation regarding this matter to your City Commission. Please contact me if you have any questions
or need anv additional information.
County Manager
Enc.
c: Alicia Cuervo Schreiber, Assistant County Manager
Murray A. Greenberg, Fust Assistant County Attorney
Susan Torres, Assistant County Attorney
David Leahy, Supervisor of Elections
Lester Sola, Acting Director, Elections Department
;/Priscilla A. Thompson, City Clerk
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03- 652