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HomeMy WebLinkAboutO-13374City of Miami Legislation Ordinance: 13374 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00282 Final Action Date: 4/11/2013 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PROVIDING FOR A GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2013, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COMMISSIONERS; FURTHER PROVIDING FORA RUNOFF ELECTION, IF REQUIRED, ON NOVEMBER 19, 2013; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN BOTH ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDAAND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY OF MIAMI HAS ADOPTED FOR USE IN GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS ORDINANCE AND THE PROVISIONS HEREOF; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Charter of the City of Miami, Florida, ("City Charter") Section 7 (hereinafter "Section 7"), provides: "[A] general municipal election for the mayor and city commissioners shall be held on the first Tuesday after the first Monday in November in odd -numbered years. A runoff election for the mayor and city commissioners shall be held on the second Tuesday after the first Monday in November in odd -numbered years...;" and WHEREAS, pursuant to Section 7 of the City Charter, the 2013 General Municipal Election is mandated to be scheduled on November 5, 2013 and the Runoff Election is mandated to be scheduled one week afterwards on November 12, 2013; and 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 runoff elections to accurately program voting machines, print and test -run the runoff election ballot, and provide sufficient time for processing absentee balloting and they have requested a substitute date of Tuesday, November 19, 2013, for the holding of the November 2013 Runoff Election; and WHEREAS, Section 100.3605(2), Florida Statutes (2012), 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 City of Miami Page 1 of 5 File Id: 13-00282 (Version: 1) Printed On: 8/28/2017 File Number: 13-00282 Enactment Number: 13374 date changes;" and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to change the date of the November 2013 Runoff Election as hereinafter set forth; 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. In accordance with the provisions of Section 7 of the City Charter and the Florida Election Code, the City Commission directs a general municipal election in the City of Miami, Florida, at the polling places designated in Exhibit No. 1, attached and incorporated, on Tuesday, November 5, 2013, from 7:00 A.M. until 7:00 P.M., to elect the following officers of the City of Miami: the Mayor who is to be elected citywide and two District Commissioners who are to be elected from Districts 3 and 5. Section 3. A runoff election, if required, is directed to be held in the City of Miami, Florida, at the polling places designated in Exhibit No. 1, from 7:00 A.M. until 7:00 P.M., on Tuesday, November 19, 2013. Section 4. The candidate qualifying period for the November 2013 General Municipal Election will be scheduled from Friday, September 6, 2013, until Saturday, September 21, 2013 at 6:00 P.M. Section 5. The precinct election clerks and inspectors to serve at said polling places on said dates shall be designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purposes in accordance with the general laws of the State. Section 6. Persons who are qualified to vote in said elections and who have not registered under the provisions of the Florida Election Code 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, may register at such branch offices as may be approved by the Supervisor of Elections of Miami -Dade County and at said Supervisor's office which will be open at the following location and during the following times: MIAMI-DADE COUNTY ELECTIONS DEPARTMENT 2700 Northwest 87th Ave, Doral, Florida Monday to Friday, inclusive: 8:00 A.M. - 5:00 P.M. Qualified persons may also register at branch offices and may also use any mobile registration van during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County. Section 7. The elections shall be held at the voting places in the precincts designated on said City of Miami Page 2 of 5 File Id: 13-00282 (Version: 1) Printed On: 8/28/2017 File Number: 13-00282 Enactment Number: 13374 Exhibit No. 1, or as may be designated by the Supervisor of Elections of Miami -Dade County, in conformity with the provisions of the Florida Election Code. 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 of Elections of Miami -Dade County, in conformity with the provisions of the Florida Election Code, are adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City. Section 8. The ballots to be used in said elections shall be so prepared that the names of the qualified candidates will appear on said ballots in alphabetical order according to surname for each district; provided, however, that the ballots and their preparation shall comply with the general election laws of the State of Florida. Absentee paper ballots may be used by qualified electors of the City of Miami for voting. The form of such ballot shall be in accordance with the requirements prescribed by the general election laws of the State of Florida. Section 9. (a) In compliance with the Florida Election Code, the City Clerk is authorized and directed to publish notice 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 election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially as set forth in the following form: NOTICE OF GENERAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, PURSUANT TO ORDINANCE NO. 13- FOR THE PURPOSE OF ELECTING THE OFFICES OF MAYOR WHO IS TO BE ELECTED CITYWIDE, AND TWO CITY COMMISSIONERS WHO ARE TO BE ELECTED FROM SINGLE MEMBER DISTRICTS 3 AND 5 A general municipal election will be held on Tuesday, November 5, 2013, from 7:00 A.M. until 7:00 P.M., in the City of Miami, Florida, at the polling places in the several election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida, at which election the qualified electors participating therein will vote for the following municipal officers: Mayor who is to be elected citywide and two District Commissioners who are to be elected from single member Districts 3 and 5. A runoff election, if required, is to be held on Tuesday, November 19, 2013. (b) The Precinct 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 in accordance with the general laws of the State. The registration books and records for the registration of persons qualified to vote in said elections shall be those maintained by the Supervisor of Elections of Miami -Dade County. (c) The official ballot shall be in substantially the following form, to wit: OFFICIAL BALLOT City of Miami Page 3 of 5 File Id: 13-00282 (Version: 1) Printed On: 8/28/2017 File Number: 13-00282 Enactment Number: 13374 GENERAL MUNICIPAL ELECTION OF THE CITY OF MIAMI, FLORIDA NOVEMBER 5, 2013 FOR ELECTION OF MAYOR AND SINGLE MEMBER DISTRICT COMMISSIONERS NUMBERED 3 AND 5 PRECINCT NO. CITYWIDE MAYOR Vote for one (1) only: / / (Names of Candidates) DISTRICT 3 FOR COMMISSIONER Vote for one (1) only: / / (Names of Candidates) DISTRICT 5 FOR COMMISSIONER Vote for one (1) only: / / (Names of Candidates) (d) In the event a runoff election is required to be held on Tuesday, November 19, 2013, the official ballot to be used at such runoff 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 RUNOFF ELECTION OF THE CITY OF MIAMI, FLORIDA NOVEMBER 19, 2013 FOR ELECTION OF MAYOR AND SINGLE MEMBER DISTRICT COMMISSIONERS NUMBERED 3 AND 5 PRECINCT NO. (e) A runoff election will be held on Tuesday, November 19, 2013, from 7:00 A.M. until 7:00 P.M., in the City of Miami, Florida, at the polling places set forth herein. The precinct election clerks and inspectors at said general municipal election 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 general municipal election shall be those maintained by the Supervisor of Elections of Miami -Dade County. Section 10. TODD B. HANNON, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor of Elections of Miami -Dade County in relation to matters pertaining to the use of the registration books for the holding of the herein general City of Miami Page 4 of 5 File Id: 13-00282 (Version: 1) Printed On: 8/28/2017 File Number: 13-00282 Enactment Number: 13374 municipal election and the herein runoff election. Section 11. 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 12. All qualified electors of said City shall be permitted to vote in said general municipal election and the Supervisor of Elections of Miami -Dade County is requested, authorized, and directed to furnish, at the cost and expense of the City of Miami, a list of all qualified electors residing in the City of Miami as shown by the registration books and records of the Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section 13. The City Clerk is directed, upon the adoption of this Ordinance on second and final reading, to notify the Miami -Dade County Elections Department of said change, and to transmit certified copies of this Ordinance to the Miami -Dade County Manager and Elections Supervisor. Section 14. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 15. This Ordinance shall become effective immediately after final reading and adoption thereof.{1} Footnotes: {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. City of Miami Page 5 of 5 File Id: 13-00282 (Version: 1) Printed On: 8/28/2017