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Home My WebLink AboutR-23-0001City of Miami Resolution R-23-0001 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13246 Final Action Date: 1/8/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL ELECTION TO FILL THE OFFICE OF COMMISSIONER DISTRICT NO. 2; SETTING FEBRUARY 27, 2023, AS THE DATE OF SUCH ELECTION, AND ESTABLISHING JANUARY 9, 2023, AT 8:00 A.M. THROUGH JANUARY 13, 2023, AT 6:00 P.M. AS THE TIME TO QUALIFY THEREFORE; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTION; DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED FOR THE ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THIS RESOLUTION'S ADOPTION AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS WHEREAS, in accordance with Section 99.012, Florida Statutes, Commissioner Ken Russell tendered his resignation as the District 2 City Commissioner for the City of Miami, Florida ("City") in order to seek the office of Congressman in the House of Representatives of the United States Congress; and WHEREAS, pursuant to Section 99.012(3)(d), Florida Statutes, as amended, the resignation must be effective no later than the earlier of the following dates: 1. the date [Commissioner Russell] would take office, if elected; or 2. the date [Commissioner Russell's] successor is required to take office; and WHEREAS, on December 29, 2022, Commissioner Russell submitted a subsequent letter of resignation stating "[t]his correspondence shall serve as my letter of resignation from the District 2 Miami City Commission seat, effective December 29, 2022, at 5:00 P.M."; and WHEREAS, Commissioner Russell's subsequent letter of resignation superseded his previous letter of resignation and thereby made his resignation from office effective on December 29, 2022, at 5:00 P.M.; and WHEREAS, due to the resignation of Commissioner Russell, a vacancy exists in the District 2 Commission seat in the City of Miami Florida; and WHEREAS, pursuant to Section 12 of the Charter of the City of Miami, Florida ("City Charter"), a vacancy on the City Commission caused by resignation shall be filled within ten (10) days after such vacancy occurs by a majority of the remaining City Commissioners; and WHEREAS, Section 12(b) of the City Charter further provides that, if the remaining City Commissioners shall fail or refuse to fill such vacancy within ten days after it occurs, as provided herein, the City Commission shall call a special election to fill the vacancy to be held at City of Miami Page 1 of 4 File ID: 13246 (Revision:) Printed On: 6/24/2025 File ID: 13246 Enactment Number: R-23-0001 a date not less than thirty-eight or more than forty-five days after the expiration of the ten-day period and the five day qualifying period; and WHEREAS, the City Commission does not wish to fill the vacancy by appointment; and WHEREAS, the person who receives the greatest number of votes in the special election is elected to fill the vacancy until the next general municipal election as provided in section 4 of the City Charter; and WHEREAS, pursuant to Section 4 of the City Charter, the next general municipal election for City Commissioners will be held on November 7, 2023; and WHEREAS, the City Commission wishes to call a special election to fill the vacancy created by Commissioner Ken Russell's resignation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. A special election to fill the District 2 Commission office is scheduled and the date of February 27, 2023, is set as the date of such special election. Section 3. The dates of January 9, 2023, through January 13, 2023, are set as the qualifying dates for said special election. The qualifying cut-off time on January 13, 2023, shall be 6:00 p.m. Section 4. The candidate who shall receive the greatest number of votes in the District 2 special election holds office as of noon the day following the canvas of the vote and shall serve as a Commissioner of the City of Miami until the next City of Miami general municipal election on November 7, 2023. Section 5. The Election Clerks and Inspectors to serve at said designated polling places on said date shall be designated by the Supervisor of Elections for Miami -Dade County ("Supervisor") for such purposes. Section 6. For the purpose of enabling persons to register who are qualified to vote in said election and who have not registered under the provisions of the general laws of Florida 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, voter registration can be accomplished at such permanent branch offices as may be approved by the Supervisor and at said Supervisor's office which will be open during the following days and time: MIAMI-DADE COUNTY ELECTIONS DEPARTMENT 2700 Northwest 87th Avenue, Doral, Florida Monday to Friday, inclusive: 8 A.M. to 5 P.M. In addition to the above, said qualified persons may register at branch offices and may also use any means as provided by the general laws of Florida for the purpose of registration in order to vote in the herein described election during such times and on such dates as may be designated by the Supervisor. City of Miami Page 2 of 4 File ID: 13246 (Revision:) Printed on: 6/24/2025 File ID: 13246 Enactment Number: R-23-0001 Section 7. Said election shall be held at the voting places in the precincts designated by the Supervisor, in conformity with the provisions of the general laws of the State. 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 election 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, in conformity with the provisions of the general laws of the State, are hereby 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 ballot to be used in said election shall be so prepared that the names of the qualified candidates will appear on said ballot in alphabetical order according to surname in each group; provided however, that the ballot and its preparation shall comply with the laws of the State of Florida with respect to vote -by -mail ballots, and to the use of mechanical voting machines or the Computer Election System (CES). Section 9. (a) In compliance with Florida Statutes, the City Clerk is authorized' and directed to publish notice of the adoption of the herein resolution 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 notices shall be substantially as set forth in the following form: NOTICE OF A SPECIAL MUNICIPAL ELECTION TO ELECT A CITY COMMISSIONER TO THE OFFICE OF DISTRICT 2 TO BE HELD ON MONDAY, FEBRUARY 27, 2023 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-23-0001 Notice is hereby given that a Special Election will be held on Monday, February 27, 2023, from 7 a.m. until 7 p.m., in the City of Miami, Florida, at the polling places in the several election precincts designated by the Miami -Dade County Supervisor of Elections, at which election the qualified electors participating therein will vote to elect a City Commissioner to the Office of District 2 for the City of Miami, Florida. (b) The 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. The registration books and records for the registration of persons qualified to vote in said election shall be those maintained by the Supervisor. (c) The official ballot shall be in substantially the following form, to wit: OFFICIAL BALLOT SPECIAL ELECTION 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 4 File ID: 13246 (Revision:) Printed on: 6/24/2025 File ID: 13246 Enactment Number: R-23-0001 FEBRUARY 27, 2023 CITY OF MIAMI, FLORIDA TO ELECT A CITY COMMISSIONER TO THE OFFICE OF DISTRICT 2 District Wide Commissioner — District 2 (Vote for one (1)): (Names of Candidates) Section 10. TODD HANNON, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor in relation to matters pertaining to the use of the registration books for the holding of the herein nonpartisan special election. Section 11. The City Clerk shall cause to be prepared vote -by -mail ballots for the use of vote -by -mail electors entitled to cast such ballots in said election. Section 12. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Miami -Dade County Supervisor of Elections. Section 13. This Resolution shall become effective immediately. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 1/9/2023 City of Miami Page 4 of 4 File ID: 13246 (Revision:) Printed on: 6/24/2025