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HomeMy WebLinkAboutLegislation SR SUBsR City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-00779 Final Action Date: CD LLJ CO AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: 0 Z "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 1 0 Z REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN D w EFFECTIVE DATE. F. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: CCI -6 0 Section 1. Chapter 16 of the Code of the City of Miami, Florida, as amended, entitled " Electi l' is amended in the following particulars:{1} 7 CO "CHAPTER 16 1 ELECTIONS *; Sec. 16-6. Candidate qualifications; affidavit, and form thereof, required of candidates for office • commissioner or mayor; finding candidate unqualified; failure to submit affidavit; authorization forZ clerk to pursue judicial declaration. (a) A candidate for the office of mayor shall: 0 (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; Z (3) Be required to maintain an actual and real residence for the duration of his term of office 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 I-- .O U) (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 8 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: 8/1/2007 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 for a 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. City of Miam MaZIONZIM THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL i31,`CiC,: . OR GIN, L CAN 13E SEEN Al END OPagT2141S DOCUMENT 'n'07 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 less than one year, or the employment period with the same employer has been for a period of Tess 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 of the City of Miami (other than city manager, city attorney, independent auditor general or city clerk) or member of a city board of the City of Miami, Florida (other than a city commissioner or mayor), affiant in the case of an employee shall take a leave of absence, without pay from his/her employment during the period in which affiant is seeking election to public office or in the case of a board member such member shall resign and such leave of absence or resignation to be effective upon which ever occurs first: (a) such employee or board member receives contributions or makes expenditures, or gives her or his consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination or election to public office; or (b) at the time such employee or board member appoints a campaign treasurer and designates a primary depository; or (c) at the time such employee or board member files qualification papers and subscribes to a candidate's oath as required by law. The definition of "city board" is found in Section 2-882 of the Miami City Code. 14. Affiant's campaign headquarters address and telephone number: THIS DOCUMENT I' A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE City of Miami SEEN AT END C 3ais}—IIS DOCUMF_*Ted On: 8/1/2007 File Number. 07-00779 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: SIGNED THIS day of , 19 , in Miami, Florida. Affiant BEFORE ME, 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 City of Mir THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE (SEEN AT END OFP W1S DOCUMENT ntedon:& 07 File Number. 07-00779 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. ;It 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: JORGE L. 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 in effect 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. THIS DOCUMENT � . �:......._ IS A SUBSTITUTION TC.,�s. , ORIGINAL BACKUP. ORIGIN L C�,r - -'s DGC U f NT Printed vn: 8J1/2007 City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Nu er: 07-00779 Final Action Date: AN OR ► ANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18, OF THE s •DE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "ELECTIO " MORE PARTICULARLY BY AMENDING SECTION 16-6, TO REFLECT T CORRECT SECTION OF THE CITY CHARTER REGARDING ELECTIONS A ' REVISING THE AFFIDAVIT OF CANDIDATES; CONTAINING A REPEALER PRO ION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CO ISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 16 of the Code , the City of Miami, Florida, as amended, entitled " Elections," is amended in the following particulars:{1 APTER 16 EL - TIONS Sec. 16-6. Candidate qualifications; affidavit, and form t eof, required of candidates for office of commissioner or mayor; finding candidate unqualified; fail = 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 general . •te election; (2) Have resided within the city at least one year prior to qualifying the office; (3) Be required to maintain an actual and real residence for the dur on of his term of office in the city; (4) Have been registered by the city registration books that have been pre ribed by ordinance; (5) Be a qualified elector of the city as set forth in section 8 4 of the Charte f 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 ' ualifying; (4) Be required to maintain an actual and real residence for the duration of their term i e city and in their district; (5) Have been registered by the city registration books that have been prescribed by ordin= e; (6) Be a qualified elector of the city as set forth In section 8 4 of the Charter of the clty; and (7) Shall pay a qualification fee in the amount of $100.00. City of Miami Page 1 of 5 Printed On: 7/16/2007 Fil tuber.' 07-00779 (c) : •didates for nomination and election to the office of commissioner or mayor shall pay the req d qualification fee and file with the city clerk, on a form submitted by the clerk, a sworn statem t in the following form containing the following information: AFFIDAVIT OF CANDIDATE CITY OF MIAMI, FLORIDA STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) (hereinafte ffiant"), being first duly sworn, deposes and says: 1. My name is 2. I am offering myself as a candid- for the office of of the City of Miami, Florida, in group 3. I have resided in the City of Miami for minimum of one year before qualifying if applying for mayor and one year in the district if applying commission and I am a registered voter and a duly qualified elector of the City of Miami, Fidrida, pre tly registered to vote in precinct no. I presently reside at the following address (must in de ZIP code ): which is my legal address, and I have resided continue at said address from the day of to the day of 4. Immediately prior to residing at the above -stated address, have resided at the hereinbelow listed addresses for the cited periods of time: (List hereinbelow all addresses at which you have resided for the st five years, as well as the length of time at each address.) Prior Addresses For the Period lottewneel Fosioi 5. In addition to the residence I have listed as my present address I also reside at = following listedVI) 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. City of Miami Page 2 of Printed On: 7/16/1007 le Number: 07-00779 me and business address of affiant's employer: 10. Affia - occupation: Affiant's busines telephone number(s): 11. Affiant has b= =n employed in the above -cited capacity for the following period of time: (Note: In the event the cupation of affiant has been for a period of less than one year, or the employment period with th= same employer has been for a period of less than one year, affiant shall give the name(s) and addre es) of his/her employer(s) and occupation(s) for the period of one year prior to the date of this affidavl 12. Affiant represents that he/she (i (is not) currently holding another elective or appointive office- -whether city, county or municipal --the t m of which or any part thereof runs concurrently with that of the office he/she seeks, and that he/she = resigned from any office from which he/she is required to resign pursuant to F.S. § 99.012 and/or the tyof Miami Charter. 13. Affiant represents that, as of this date, he -'e (is) (is not) seeking to qualify for a public office which Is currently held by an officer who has auth lty to appoint, employ, promote, or otherwise supervise him/her and who has qualified as a candi, - e for reelection to that office. (Note: If affiant Is an employee of the City of Miami, orida (other than city manager, city attorney, Independent auditor general or city clerk), affiant shall -ke a leave of absence, without pay, from his/her employment during the period in which affiant is se=', ing election to public office, such leave of absence to be taken upon which ever occurs first: (a) such employee receives contributions or makes expenditure or gives her or his consent for any other person to receive contributions or make expenditures. with view to bringing about his or her nomination or election to public office: or (b) at the time such employee appoints a campaign treasurer and desig es a primary depository; or (ci, at the time such employee files qualification papers and subscribes a candidate's oath as required by law. 14. Affiant's campaign headquarters address and telephone number: Affiant's campaign treasurer's name: Affiant's campaign treasurer's address: City of Miami Page 3 of Printed 0n: 7/16/2007 File Number. 07-00779. Teleph , e nos.: (work) (home) 15. Affian epresents that, if elected, he/she shall serve in the elective office to which he/she seeks election. 16. Following i e exact way in which affiant would like to have his/her name printed on the official ballot: SIGNED THIS day of , 19 , in Miami, Florida. Affiant BEFORE ME, the under ned authority, personally appeared , who, after first being duly sworn, deposes an b -tates 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 ca .'date for the office of mayor or commissioner does not meet the qualifications of an elector as re• fired under the Charter of the city or of this section, the commission may adopt a resolution so find • and directing the city clerk to refrain from placing the name of the candidate for mayor or commiss er, as the case may be, on the ensuing ballot for such office. In the event the name of the candida has already been placed on the ballot, then.the clerk shall be instructed to take the necessary actio to either remove the name from the ballot or lock the key for that particular candidate in order that th electorate shall not be permitted to vote on an unqualified candidate for the office of mayor or commiss ' er. Nothing herein contained shall prohibit the candidate who is found be unqualified for the office of mayor or commissioner from appealing the decision of the commis- 'n to a court of appropriate jurisdiction. (e) The city clerk shall not accept a qualifying fee from any candidate who ' :'Is to submit to the clerk, either prior to or simultaneously with the submission of the qualifying fee, the "'fidavit 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 co !llance with the applicable elections laws of the State of Florida and In compliance with the appl , -ble municipal charter or laws or ordinances; (2) That the qualification papers of any candidate, on their face, are incomplete or defect 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 with the City of Miami Page i of S Printed On: 7/16/2007 w Facs4 farzwag le Number.: 07-00779 m• •'cipality challenging the qualifications of a candidate for municipal office; or (5) at the city clerk has received written notification from the Miami -Dade County Supervisor of Electio that a candidate is not an elector of the City of Miami; the city cl . is hereby authorized and directed to file and prosecute an appropriate action in the circuit court for Mi= '-Dade County, in the name of the city clerk, solely for the purpose of receiving a judicial determination h regard to the qualifications of the candidate. In the event the circuit court rules for the city clerk, the ' y clerk is directed to take the necessary action to remove the name from the ballot or notify the voting ► •lic of the candidate's invalidity if such removal is impracticable. Section 2. All ordinances parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are = sealed. Section 3. If any section, part of - tion, paragraph, clause, phrase or word of this Ordinance Is declared invalid, the remaining provisio of this Ordinance shall not be affected. Section 4. This Ordinance shall becom fective thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: J fl E1. FERNANDEZ CITY ATTORNEY Footnotos: {1} Words/and or figures stricken through shall be deleted. Underscored wo • and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. As isks indicate 'omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the -yor within ten days from the date It was passed and adopted. If the Mayor vetoes this Ordinance, it = ' = II become effective immediately upon override of the veto by the City Commission or upon the effe • e date stated herein, whichever is later. City of Miami Page5of5 Printed On: 7/16/2007 C] W IMUWITZNI ti)