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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #1769 Ordinance Second Reading Sponsored by: Francis Suarez, Commissioner 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 ALLOW CANDIDATES FOR CITY COMMISSION OR MAYOR TO QUALIFY THROUGH A PETITION PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami File ID: 1769 (Revision: A) Printed On: 3/21/2025 City of Miami Legislation Ordinance Enactment Number: 13678 File Number: 1769 Final Action Date: 5/11/2017 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 ALLOW CANDIDATES FOR CITY COMMISSION OR MAYOR TO QUALIFY THROUGH A PETITION PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida election law allows candidates to qualify for nomination or election to a federal, state, or multicounty district office by either paying a qualification fee or by the petition process provided in Section 99.095, Florida Statutes; and WHEREAS, in order to encourage more people to become involved in the political process, City of Miami ("City") candidates should be afforded the opportunity to choose whether to pay a qualification fee or gather petitions to qualify; 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 and incorporated as if fully set forth in this Section. Section 2. 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; 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. City of Miami File ID: 1769 (Revision: A) Printed On: 3/21/2025 (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 4 of the Charter of the city; and (6) Shall spay a qualification fee in the amount of one hundred dollars ($100.00); ii) follow the petition process in lieu of a qualification fee provided below; or iii) pay a qualification fee in the amount of one hundred dollars ($100.00) and follow the petition process in lieu of a qualification fee provided below. (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 spay a qualification fee in the amount of one hundred dollars ($100.00); ii) follow the petition process in lieu of a qualification fee provided below; or iii) pay a qualification fee in the amount of one hundred dollars ($100.00) and follow the petition process in lieu of a qualification fee provided below. (c) Candidates for nomination and election to the office of commissioner or mayor shall pay the required qualification fee, or follow the petition process in lieu of a qualification fee as provided for below, 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 MIAMI-DADE ) CITY OF MIAMI (hereinafter "affiant"), being first duly sworn, deposes and says: 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 City of Miami File ID: 1769 (Revision: A) Printed On: 3/21/2025 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. 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 City of Miami File ID: 1769 (Revision: A) Printed On: 3/21/2025 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, affiant shall take a leave of absence, without pay from his/her employment during the period in which affiant has become a candidate for elective public office. This Subsection does not apply to the Commissioners and Mayor, City Manager, City Attorney, City Clerk, and Independent Auditor General. Such leave of absence shall be effective upon whichever occurs first: (a) Such employee 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 appoints a campaign treasurer and designates a primary depository; or (c) at the time such employee 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: 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 , in Miami, Florida. Affiant / , 20 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 of Miami File ID: 1769 (Revision: A) Printed On: 3/21/2025 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 qualification fee from any candidate who fails to submit to the clerk, either prior to or simultaneously with the submission of the qualifying qualification 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 or the candidate has not followed the petition process in lieu of a qualification fee as provided for below; (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. (g) Petition process in lieu of a qualification fee. City of Miami File ID: 1769 (Revision: A) Printed On: 3/21/2025 (1) A person who seeks to qualify as a candidate for mayor or commissioner and who meets the petition requirements of this Section is not required to pay the City of Miami qualification fee required by this Section. (2) Notwithstanding the above, a candidate is required to pay the State of Florida election assessment as described in Section 99.093, Florida Statutes, as amended. (3) A candidate must obtain the number of signatures of voters in the geographical area represented by the office sought equal to at least one percent (1 %) of the total number of registered voters of that geographical area, as shown by the compilation by the Miami -Dade County Elections Department for the immediately preceding general election. Signatures may not be obtained until the candidate has filed the appointment of campaign treasurer and designation of campaign depository and are valid only for the qualifying period immediately following such filings. (4) The format of the petition shall be prescribed by the City Clerk and shall be used by candidates to reproduce petitions for circulation. If the candidate is running for an office that requires a district designation, the petition must indicate that designation and, if it does not, the signatures are not valid. A separate petition is required for each candidate. (5) Each petition must be submitted to the City Clerk before noon of the 28th day preceding the first day of the qualifying period for the office sought. The City Clerk shall submit the petition to the Miami -Dade County Elections Department in order to verify the status of the voters in the City or district of the office sought. No later than the 7th day before the first day of the qualifying period, the City Clerk shall determine whether the required number of signatures has been obtained and shall notify the candidate. *11 Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City tton 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 File ID: 1769 (Revision: A) Printed On: 3/21/2025