Loading...
HomeMy WebLinkAboutLegislation FRSUBSTITUTE FR.1-JULY 10,2007 City of Miami kit t'" r ' , Y 7 Legislation 2007 JUL -9 Pil 12: 24 Ordinance 1 9 ✓i��7 � i File Number: 07••0077 CI ° �ITY OF tti Wt. FL City H 3500 Pan A Drive Miami, FL www.miamig Final .4ction Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED: "ELECTIONS," MORE PARTICULARLY BY AMENDING SECTION 16-6, TO REFLECT THE CORRECT SECTION OF THE CITY CHARTER REGARDING ELECTIONS AND REVISING THE AFFIDAVIT OF CANDIDATES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 16 of the Code of the City of Miami, Florida, as amended, entitled " Electi is amended in the following particulars:{1} "CHAPTER 16 ELECTIONS Sec. 16-6. Candidate qualifications; affidavit, and form thereof, required of candidates for office o commissioner or mayor; finding candidate unqualified; failure to submit affidavit; authorization for clerk to pursue judicial declaration. (a) A candidate for the office of mayor shall: (1) Possess the qualifications requisite to an elector at a general state election; (2) Have resided within the city at least one year prior to qualifying for the office; (3) Be required to maintain an actual and real residence for the duration of his term of office in the city; (4) Have been registered by the city registration books that have been prescribed by ordinance; (5) Be a qualified elector of the city as set forth in section 8 4 of the Charter of the city; and (6) Shall pay a qualification fee in the amount of $100.00. (b) A candidate for the office of commissioner shall: (1) Possess the qualifications requisite to an elector at a general state election; (2) Have resided, within the city for at least one year prior to qualifying; (3) Have resided within the district they wish to represent for at least one year prior to qualifying; (4) Be required to maintain an actual and real residence for the duration of their term in the city and in their district; (5) Have been registered by the city registration books that have been prescribed by ordinance; (6) Be a qualified elector of the city as set forth in section 4 of the Charter of the city; and (7) Shall pay a qualification fee in the amount of $100.00. City of Miami Page 1 of 5 Printed On: 7/5/2007 File Number: 07-00779 (c) Candidates for nomination and election to the office of commissioner or mayor shall pay the required qualification fee and file with the city clerk, on a form submitted by the clerk, a sworn statement in the following form containing the following information: AFFIDAVIT OF CANDIDATE CITY OF MIAMI, FLORIDA STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) (hereinafter "affiant"), being first duly sworn, deposes and says: 1. My name is 2. I am offering myself as a candidate for the office of of the City of Miami, Florida, in group 3. I have resided in the City of Miami fora minimum of one year before qualifying if applying for mayor and one year in the district if applying ,for commission and I am a registered voter and a duly qualified elector of the City of Miami, Florida, presently registered to vote in precinct no. I presently reside at the following address (must include zip code ): which is my legal address, and I have resided continually at said address from the day of to the day of 4. Immediately prior to residing at the above -stated address, I have resided at the hereinbelow listed addresses for the cited _periods -of time: (List hereinbelow all addresses at which you have resided for the past five years, as well as the length of time at each address.) Prior Addresses For the Period 5. In addition to the residence I have listed as my present address I also reside at the following listed addresses on a temporary basis as a secondary domicile or domiciles. 6. Affiant's spouse resides at the following address: (Must include city, state and zip code.) 7. Affiant's minor children reside at the following address: (Must include city, state and zip code.) 8. At the present time, affiant (is) (is not) registered to vote in any city, county or state other than as stipulated in subparagraph 3, above. Ciry of Miami THIS DOCUMENT IS A a SUBSTITUTION TO F N BE L BA Pi TI c? H[- SEEN AT aNDOOF File Number: 07-00779 9. Name and business address of affiant's employer: 10. Affiant's occupation: Affiant's business telephone number(s): 11. Affiant has been employed in the above -cited capacity for the following period of time: (Note: In the event the occupation of affiant has been for a period of Tess than one year, or the employment period with the same employer has been for a period of less than one year, affiant shall give the name(s) and address(es) of his/her employer(s) and occupation(s) for the period of one year prior to the date of this affidavit.) 12. Affiant represents that he/she (is) (is not) currently holding another elective or appointive office- -whether city, county or municipal --the term of which or any part thereof runs concurrently with that of the office he/she seeks, and that he/she has resigned from any office from which he/she is required to resign pursuant to F.S. § 99.012 and/or the City of Miami Charter. 13. Affiant represents that, as of this date, he/she (is) (is not) seeking to qualify for a public office which is currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise him/her and who has qualified as a candidate for reelection to that office. (Note: If affiant is an employee (other than city manager, city attorney or city clerk), affiant shall take a leave of absence, without pay, from his/her employment during the period in which affiant is seeking election to public office.) 14. Affiant's campaign headquarters address and telephone number: Affiant's campaign treasurer's name: Affiant's campaign treasurer's address: Telephone nos.: (work) (home) 15. Affiant represents that, if elected, he/she shall serve in the elective office to which he/she seeks election. 16. Following is the exact way in which affiant would like to have his/her name printed on the official ballot: HIS DO-‘aLIMENT IS A SUBSTITUTION TO OhX1INAL CAN BE City of Miami =f .. : .NT File Number: 07-00779 SIGNED THIS day of , 19 , in Miami, Florida. Affiant BEFORE MEN the undersigned authority, personally appeared - , who, after - first being duly sworn, deposes and states that executed the foregoing to the best of knowledge and belief. CITY CLERK, CITY OF MIAMI, FLORIDA (SEAL) Did take an oath Produced identification Type of identification produced: (d) In the event the commission finds that any candidate for the office of mayor or commissioner does not meet the qualifications of an elector as required under the Charter of the city or of this section, the commission may adopt a resolution so finding and directing the city clerk to refrain from placing the name of the candidate for mayor or commissioner, as the case may be, on the ensuing ballot for such office. In the event the name of the candidate has already been placed on the ballot, then the clerk shall be instructed to take the necessary action to either remove the name from the ballot or lock the key for that particular candidate in order that the electorate shall not be permitted to vote on an unqualified candidate for the office of mayor or commissioner. Nothing herein contained shall prohibit the candidate who is found to be unqualified for the office of mayor or commissioner from appealing the decision of the commission to a court of appropriate jurisdiction. (e) The city clerk shall not accept a qualifying fee from any candidate who fails to submit to the clerk, either prior to or simultaneously with the submission of the qualifying fee, the affidavit fully completed as required by subsection (b) hereof. (f) If the city clerk finds: (1) That the qualification papers of a candidate, on their face, are not in compliance with the applicable elections laws of the State of Florida and in compliance with the applicable municipal charter or laws or ordinances; (2) That the qualification papers of any candidate, on their face, are incomplete or defective, and are incomplete or defective at the end of the qualifying period; (3) That the qualification fee has not been paid in accordance with law; (4) That a sworn written statement is or has been filed by a qualified elector residing within the municipality challenging the qualifications of a candidate for municipal office; or (5) That the city clerk has received written notification from the Miami -Dade County Supervisor of Elections that a candidate is not an elector of the City of Miami; the city clerk is hereby authorized and directed to file and prosecute an appropriate action in the circuit court for Miami -Dade County, in the name of the city clerk, solely for the purpose of receiving a judicial determination with regard to the qualifications of the candidate. In the event the circuit court rules for the city clerk, the city clerk is directed to take the necessary action to remove the name from the ballot or notify the voting public of the candidate's invalidity if such removal is impracticable. THIS ® �i �" Q * 'U TITUTb0N TO ORIGINAL SEEN rI L CAN E 1¢ City of Miami Page 4 of 5 Printed On: 7/5/2007 File Number: 07-00779 Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: JORGE1. FERNANDEZ CITY ATTORNEY Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. , The remaining provisions are now-inffect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} 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. :.. SUBSTITUTION TO ORIGINAL �. .AL CAN E SEEN AT END OF T a .....-rm.n..�v..,arc.T". ._,a.Y�_.�n. • •.a.�t3a City of Miami Page 5 of 5 Printed On: 7/5/2007 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File her: 07-00779 Fine! Action Date: AN 0 •INANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16, OF TH ODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), : TITLED: "ELECTIONS," MORE PARTICULARLY BY AMENDING SECTION TO REFLECT THE CORRECT SECTION OF THE CITY CHARTER REGARDING ECTIONS AND REVISING THE AFFIDAVIT OF CANDIDATES; CONTAINING ' EPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FO` ' N EFFECTIVE DATE. BE IT ORDAINED BY THE MISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 16 of the Co. - of the City of Miami, Florida, as amended, entitled " Elections," is amended in the following particulars: 'CHAPTER 16 E CTIONS Sec. 16-6. Candidate qualifications; affidavit, and form =roof, required of candidates for office of commissioner or mayor; finding candidate unqualified; fat a to submit affidavit; authorization for city clerk to pursue judicial declaration. (a) A candidate for the office of mayor shall: (1) Possess the qualifications requisite to an elector at a genera tate election; (2) Have resided within the city at ieast one year prior to qualifying • r the office; (3) Be required to maintain an actual and real residence for the d tion of his term of office in the city; (4) Have been registered by the city registration books that have been p scribed by ordinance; (5) Be a qualified elector of the city as set forth in section 8 4 of the Chart= of the city; and (8) Shall pay a qualification fee in the amount of $100.00. (b) A candidate for the office of commissioner shall: (1) Possess the qualifications requisite to an elector at a general state election; (2) Have resided, within the city for at least one year prior to qualifying; (3) Have resided within the district they wish to represent for at least one year prior • . ualifying; (4) Be required to maintain an actual and real residence for the duration of their term i he city and in their district; (5) Have been registered by the city registration books that have been prescribed by ordin ice; (6) Be a qualified elector of the city as set forth in section 8 4 of the Charter of the city; and (7) Shall pay a qualification fee in the amount of $100.00. City of Miami Pa 1 o Pri 6/5/2007 File Number. 07-00779 (c) Candidates for nomination and election to the office of commissioner or mayor shall pay the required qualification fee and file with the city clerk, on a form submitted by the clerk, a sworn statement in the following form containing the following information: STATE 0 COUNTY 0 CITY OF MIA AFFIDAVIT OF CANDIDATE CiTY OF MiAMi, FLORIDA ORIDA ) ADE) 1. My name is (hereinafter "affiant"), being first duly sworn, deposes and says: 2. I am offering mys- as a candidate for the office of of the City of Miami, Florida, in group 3. I have resided in the C of Miami for a minimum of one year before qualifying if applying for mayor and one year in the dis t if applying for commission and I am a registered voter and a duly qualified elector of the City of Mi: 'i, Florida, presently registered to vote in precinct no. I presently reside at the following a• ress (must include zip code ): which is my legal address, and I have :sided continually at said address from the day of to the day of 4. Immediately prior to residing at the above -tated address, I have resided at the hereinbelow listed addresses for the cited periods of time: (List hereinbelow all addresses at which you havesided for the past five years, as well as the length of time at each address.) Prior Addresses For the Period 5. In addition to the residence I have listed as my present addres also reside at the following listed addresses on a temporary basis as a secondary domicile or domicile 6. Affiant's spouse resides at the following address: (Must include city, state and zip code.) 7. Affiant's minor children reside at the following address: (Must include city, state and zip code.) 8. At the present time, affiant (is) (is not) registered to vote in any city, county or state o er than as stipulated in subparagraph 3, above. City of U jS Printed On: 6/5/2007 File Number: 07-00779 Name and business address of affiant's employer: 10. A ant's occupation: Affiant's bus -ss telephone number(s): 11. Affiant ha. been employed in the above -cited capacity for the following period of time: (Note: In the event t occupation of affiant has been for a period of less than one year, or the employment period with e same employer has been for a period of less than one year, affiant shall give the name(s) and ad ss(es) of his/her employer(s) and occupation(s) for the period of one year prior to the date of this affid: 't.) 12. Affiant represents that he/she 's) (is not) currently holding another elective or appointive office- -whether city, county or municipal--th erm of which or any part thereof runs concurrently with that of the office he/she seeks, and that he/sh - as resigned from any office from which he/she is required to resign pursuant to F.S. § 99.012 and/or t City of Miami Charter. 13. Affiant represents that, as of this date, h he (is) (is not) seeking to qualify for a public office -which is currently held by an officer who has au 'ority to appoint, employ, promote, or otherwise supervise him/her and who has qualified as a can date for reelection to that office. 14. Affiant's campaign headquarters address and telephone ,umber: Affiant's campaign treasurer's name: Affiant's campaign treasurer's address: Telephone nos.: (work) (home) 15. Affiant represents that, if elected, he/she shall serve in the elective office to ch he/she seeks election. 16. Following is the exact way in which affiant would like to have his/her name printed • ' the official ballot: City of Miami Page 3 of J Printed On: 6/3/200 File Number: 07-00779 SIGNED THIS day of , 19 in Miami, Florida. Affiant FORE ME, the undersigned authority, personally appeared , who, after first being , ly sworn, dspcses znd states that executed the foregoing to the best of knowledge and belief. CITY CLERK, CITY OF MIAMI, (SEAL) RIDA Did take a Produced id Type of identification prod ath tification ed: (d) In the event the commi does not meet the qualification section, the commission may ado placing the name of the candidate ballot for such office. In the event the then the clerk shall be instructed to to ballot or lock the key for that particular ca vote on an unqualified candidate for the offic Nothing herein contained shall prohibit the ca mayor or commissioner from appealing the d jurisdiction. (e) The city clerk shall not accept a qualifying fee either prior to or simultaneously with the submission as required by subsection (b) hereof. (f) If the city clerk finds: (1) That the qualification papers of a candidate, on th applicable elections laws of the State of Florida and in co charter or laws or ordinances; (2) That the qualification papers of any candidate, on their face, incomplete or defective at the end of the qualifying period; (3) That the qualification fee has not been paid in accordance with la (4) That a sworn written statement is or has been filed by a qual municipality challenging the qualifications of a candidate for municipal offi (5) That the city clerk has received written notification from the Miami - Elections that a candidate is not an elector of the City of Miami; the city clerk is hereby authorized and directed to file and prosecute an appropri court for Miami -Dade County, in the name of the city clerk, solely for the purpose determination with regard to the qualifications of the candidate. In the event the the city clerk, the city clerk is directed to take the necessary action to remove the na or notify the voting public of the candidate's invalidity if such removal is impracticable. cl on finds that any candidate for the office of mayor or commissioner of an elector as required under the Charteu of the city or of this a resolution so finding and directing the city clerk to refrain from mayor or commissioner, as the case may be, on the ensuing ame of the candidate has already been placed on the ballot, the necessary action to either remove the name from the idate in order that the electorate shall not be permitted to of mayor or commissioner, idate who is found to be unqualified for the office of .sion of the commission to a court of appropriate any candidate who fails to submit to the clerk, the qualifying fee, the affidavit fully completed face, are not in compliance with the liance with the applicable municipal e incomplete or defective, and are d elector residing within the or e County Supervisor of e action in the circuit receiving a judicial it court rules for from the ballot SU = STITUTED,.. Clry of Miami Page 4 of 5 Printed On: 6/5/2007 File Number: 07-00779 Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the pr, isions of this Ordinance are repealed. S= ion 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declare • ' valid, the remaining provisions of this Ordinance shall not be affected. Section This Ordinance si rail become affective thirty (30) days after final reading and adoption thereof.(2) APPROVED AS ' FORM AND CORRECTNESS: JOR E L. FERNANDEZ CIT ATTORNEY Footnotes: (1) Words/and or figures stricken through sh added. The remaining provisions are now in e and unchanged material. (2) This Ordinance shall become effective as spec, days from the date it was passed and adopted. If the effective immediately upon override of the veto by the stated herein, whichever is later. SU be deleted. Underscored words and/or figures shall be t and remain unchanged. Asterisks indicate omitted d herein unless vetoed by the Mayor within ten ayor vetoes this Ordinance, it shall become Commission or upon the effective date TED City of Miami Page 5 of 5 Printed On: 6/5/2007