HomeMy WebLinkAboutO-12939City of Miami
Legislation
Ordinance: 12939
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00779 Final Action Date: 8/1/2007
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 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 " Elections,"
is amended in the following particulars:{1}
"CHAPTER 16
ELECTIONS
Sec. 16-6. Candidate qualifications; affidavit, and form thereof, required of candidates for office of
commissioner or mayor; finding candidate unqualified; failure 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 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 8 4 of the Charter of the city; and
(7) Shall pay a qualification fee in the amount of $100.00.
Notwithstanding the foregoing, those commissioners elected in November 1997 are not
required to po.se.s the residency requirement set forth in subsection (3) above, but must reside in
City of Miami
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File Number: 07-00779 Enactment Number: 12939
the district they are elected to represent within three months after the election.
(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.)
At the present time, affiant (is) (is not) registered to vote in any city, county or state other than as
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stipulated in subparagraph 3, above.
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 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.
an employee of the City of Miami, Florida.
(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.
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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:
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.
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(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.
*11
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}
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.
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