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HomeMy WebLinkAboutLegislation FR/SRCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 06-01 206 Final Action Date: AN ORDINANCE SCHEDULING AN ELECTION TO FILL, SUBJECT TO DISPLACEMENT, THE OFFICE OF COMMISSIONER, DISTRICT NO. 2; SETTING NOVEMBER 7, 2006, AS THE DATE OF SUCH ELECTION, AND ESTABLISHING SEPTEMBER 8, 2006 THROUGH SEPTEMBER 23, 2006, AT 6 P.M. AS THE TIME TO QUALIFY THEREFOR; FURTHER, SCHEDULING A RUN-OFF ELECTION TO FILL THE OFFICE OF COMMISSIONER DISTRICT NO. 2, SAID ELECTION TO BE HELD ON NOVEMBER 21, 2006, UNLESS SAID OFFICE HAS BEEN FILLED BY THE ELECTION OF A CANDIDATE AT THE ELECTION TO BE HELD ON NOVEMBER 7, 2006; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THIS ORDINANCE'S ADOPTION AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 22, 2006, the City Commission adopted Resolution No. 06-0377, pursuant to Section 12 of the Charter of the City of Miami, Florida (1996), as amended ("Charter"), appointing Linda Haskins to fill the temporary vacancy in the Office of District 2 Commissioner created by Governor Jeb Bush's suspension of Commissioner Johnny L. Winton; and WHEREAS, pursuant to Section 12 of the Charter the term of said appointment to fill a vacancy shall be only until his successor in office is elected and qualified at either the odd -year first regular election for Commissioners, or the even -year State of Florida general election, whichever occurs first; and WHEREAS, the even -year State of Florida general election, which occurs first, is scheduled for November 7, 2006; and WHEREAS, such person elected pursuant to said election would serve for the balance of Commissioner Johnny Winton's current term, subject to possible displacement by Mr. Winton if Mr. Winton is restored to office pursuant to Section 112.51(6), Fla. Stat. (2005); and WHEREAS, the person who receives the majority of votes in said election shall be elected; however, pursuant to Section 4 of the charter, should one candidate not receive the majority of votes, a Run-off election must be held; and City ofMland Page 1 of 6 Printed On: 7/5/2006 File Number: 06-01206 WHEREAS, Section 7 of the Charter provides, inter alia.: A regular municipal election for the election of the mayor and 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 mayor and the commission shall be held on the first Tuesday after the first Monday in November in odd -numbered years....; and WHEREAS, pursuant to said provision the Run-off election is to be held on Tuesday, November 14, 2006; and WHEREAS, Section 100.3605(2), Florida Statutes (2005), 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.; WHEREAS, the Miami -Dade County Manager and Miami -Dade County Elections Department, wish to facilitate orderly, mutually cost-effective and coordinated elections in Miami -Dade County's municipalities and require a minimum of two weeks between the general and run-off elections to accurately program voting machines, print and test -run the run-off election ballot, and provide sufficient time for processing absentee balloting and have requested a substitute date of Tuesday, November 21, 2006, for the holding of the Run-off; and NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. An election to fill the District 2 Commission office is scheduled and the date of November 7, 2006, is set as the date of such election. Section 3. The dates of September 8, 2006 through September 23, 2006 are set as the qualifying dates for said election. The qualifying cut-off time on September 23, 2006, shall be 6 p.m. Section 4. A Run-off election to fill the District 2 Commission office is scheduled on Tuesday, November 21, 2006, unless a candidate shall have received a majority vote at the election held on November 7, 2006, for said office, in which case he or she shall be elected to the office for the balance of the current District 2 term, subject to displacement by Johnny Winton, pursuant to Section 112.51(6), Fla. Stat. (1997), should he be restored to office prior to the end of said term. Section 5. The candidate who shall receive the highest number of votes in the District 2 regular election shall serve as a Commissioner of the City of Miami from 12:00 o'clock noon of the day after the canvass of the vote and the declaration of the result of the election, subject to possible displacement by Mr. Winton if Mr. Winton is restored to office pursuant to Section 112.51(6), Fla. Stat. (1997), or until his successor of office is elected and qualified at the odd -year first regularly scheduled election for Commissioner District 2, whichever occurs first. City of Miami Page 2 of 6 Printed On: 7/5/2006 File Number: 06-01206 Section 6. The Election Clerks and Inspectors to serve at said designated polling places on said date shall be designated by the Supervisor of Elections for Miami -Dade County for such purposes. Section 7. For the purpose of enabling persons to register who are qualified to vote in said elections and who have not registered under the provisions of the general laws of Florida and Chapter 16 of the Code of the City of Miami, Florida, as amended, or who have transferred their legal residence from one voting precinct to another voting precinct in the City, voter registration can be accomplished at such permanent branch offices as may be approved by the Supervisor and at said Supervisor's office which will be open during the following days and time: MIAMI-DADE COUNTY ELECTIONS DEPARTMENT 2700 Northwest 87th Avenue, Doral, Florida Monday to Friday, inclusive: 8 A.M. to 5 P.M. In addition to the above, said qualified persons may register at branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described elections during such times and on such dates as may be designated by the Supervisor. Section 8. Said elections shall be held at the voting places in the precincts designated by the Supervisor, in conformity with the provisions of the general laws of the State. A description of the registration books and records which pertain to election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such elections is as follows: All registration cards, books, records and certificates pertaining to electors of the City and established and maintained as official by the Supervisor, in conformity with the provisions of the general laws of the State, are hereby adopted and declared to be, and shall hereafter be recognized and accepted, as official registration cards, books, records and certificates of the City. Section 9. The ballot to be used in said elections shall be so prepared that the names of the qualified candidates will appear on said ballot in alphabetical order according to surname in each group; provided however, that the ballot and its preparation shall comply with the laws of the State of Florida with respect to absentee ballots, and to the use of mechanical voting machines or the Computer Election System (CES). Section 10. (a) In compliance with Florida Statutes, the City Clerk is authorized and directed to publish notice of the adoption of the herein ordinance and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid elections are to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notices shall be substantially as set forth in the following form: NOTICE OF GENERAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA FOR NOMINATING A CANDIDATE FOR THE OFFICE OF ONE COMMISSIONER, DISTRICT 2 TO BE HELD ON TUESDAY, NOVEMBER 7, 2006 PURSUANT TO ORDINANCE NO. City of Miami Page 3 of 6 Printed On: 7/5/2006 File Number: 06-01206 A municipal election will be held on Tuesday, November 7, 2006, from 7 a.m. until 7 p.m., in the City of Miami, Florida, at the polling places in the several election precincts designated by the Miami -Dade County Supervisor of Elections, at which election the qualified electors participating therein will vote for the nomination of candidates to fill the District 2 Commission office for the City of Miami, Florida (b) The Election Clerks and Inspectors to serve at said polling places on said dates shall be those designated by the Supervisor of Elections of Miami -Dade County for such purpose. The registration books and records for the registration of persons qualified to vote in said elections shall be those maintained by the Supervisor. (c) The official ballot shall be in substantially the following form, to wit: OFFICIAL BALLOT GENERAL MUNICIPAL ELECTION FOR NOMINATING CANDIDATES FOR THE OFFICE OF ONE COMMISSIONER DISTRICT 2 OF THE CITY OF MIAMI, FLORIDA NOVEMBER 7, 2006 PRECINCT NO. DISTRICT 2 FOR COMMISSIONER Vote for one (1) only: / / (Names of Candidates) (d) Tuesday, November 21, 2006, the official ballot to be used at such run-off municipal election shall be in substantially the same form as above, except that the heading of the ballot shall be in substantially the following form, to wit: OFFICIAL BALLOT RUN-OFF MUNICIPAL ELECTION FOR ELECTING ONE COMMISSIONER DISTRICT 2 OF THE CITY OF MIAMI, FLORIDA NOVEMBER 21, 2006 PRECINCT NO. City of Miami Page 4 of 6 Printed On: 7/5/2006 File Number: 06-01206 (e) A run-off municipal election will be held on Tuesday, November 21, 2006, from 7 A.M. until 7 P.M., in the City of Miami, Florida, at the polling places set forth herein, at which election the qualified electors of the City of Miami participating herein will vote for the election of one Commissioner, District 2, of the City of Miami, Florida, unless a candidate from a district shall have received a majority vote in his or her district at the general municipal election on Tuesday, November 7, 2006, and the Election Clerks and Inspectors at said regular election shall be those designated by the Supervisor for such purpose. The registration books and records for the registration of persons qualified to vote in said regular municipal election shall be those maintained by the Supervisor. Section 11. PRISCILLA THOMPSON, the City Clerk of the City of Miami, Florida, or her duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor in relation to matters pertaining to the use of the registration books for the holding of the herein nonpartisan primary election and the herein regular election. Section 12. The City Clerk shall cause to be prepared absentee ballots for the use of absentee electors entitled to cast such ballots in said elections. Section 13. The City Clerk is hereby directed to transmit a certified copy of this Ordinance to the Miami -Dade County Supervisor of Elections. Section 14. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 15. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 16. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami. Section 17. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four -fifths of the members of the Commission. Section 18. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: City of Miami Page 5 of 6 Printed On: 7/5/2006 File Number: 06-01206 {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 Printed On: 7/5/2006