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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16362 Date: 07/11/2024 Commission Meeting Date: 07/25/2024 Requesting Department: Office of the City Clerk Sponsored By: District Impacted: Type: Resolution Subject: Ballot Question — Change Runoff Election to December Purpose of Item: Placement of a charter amendment question on the November 5, 2024 Special Election ballot to amend Section 7 of the City Charter to allow more time for the Miami -Dade Elections Department to better prepare and conduct a runoff election for City of Miami elections involving the Mayor and City Commissioners by changing the date of a runoff election from the third Tuesday after the first Monday in November to the second Tuesday in December, in odd -numbered years. Background of Item: On April 17, 2024, the Miami -Dade County Supervisor of Elections sent a letter to the City Clerk requesting that the City of Miami provide a minimum of four weeks between the regularly scheduled General and Runoff elections for Mayor and City Commissioner. The City of Miami, City of Hialeah, and City of Miami Beach all conduct their general municipal election on the first Tuesday after the first Monday in November in odd - numbered years, with a runoff election being held on the third Tuesday after the first Monday in November in odd -numbered years, essentially providing only two weeks between a general municipal election and runoff election. With new State of Florida election laws and subsequent procedural changes, it has become a tremendous challenge for the Miami -Dade Elections Department to perform the state -mandated procedures within the confines of a two -week timeframe between elections which in turn is adversely impacting the Elections Department, voters, and to a certain extent candidates as well. The Miami -Dade County Supervisor of Elections is strongly urging the City of Miami, City of Hialeah, and City of Miami Beach to consider holding their general municipal election and runoff election at least four weeks apart so the Elections Department can adequately prepare for a runoff election. Budget Impact Analysis Total Fiscal Impact: N/A Office of the City Clerk Legislative Division City Commission Legislative Division Office of the Mayor Office of the City Clerk Office of the City Attorney Office of Management and Budget Office of the City Attorney Office of the City Clerk Reviewed B Todd B. Hannon Valentin J Alvarez Maricarmen Lopez Valentin J Alvarez Mayor's Office City Clerk's Office Jihan Soliman Leon P Michel George K. Wysong III City Clerk's Office Department Head Review Legislative Division Review Meeting Legislative Division Review Signed by the Mayor Completed Completed Completed Completed Completed Signed and Attested by the City Clerk Completed ACA Review Completed Budget Review Completed Approved Form and Correctness with Modification(s) Rendered Completed 07/12/2024 5:47 PM 07/16/2024 7:57 AM 07/25/2024 9:00 AM 07/25/2024 6:20 PM 07/25/2024 7:33 PM 07/25/2024 7:36 PM 07/25/2024 6:39 PM 07/25/2024 7:39 PM Completed 07/25/2024 11:47 PM City of Miami Legislation Resolution Enactment Number: R-24-0280 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16362 Final Action Date:7/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"); AMENDING SECTION 7 OF THE CHARTER, TITLED "ELECTION OF CITY COMMISSIONERS AND MAYOR," TO CHANGE THE DATE OF A RUNOFF ELECTION FOR MAYOR AND CITY COMMISSIONER FROM THE THIRD TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER TO THE SECOND TUESDAY IN DECEMBER, IN ODD -NUMBERED YEARS; CALLING FOR AND PROVIDING THAT THE CHARTER AMENDMENT WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION TO BE HELD CONCURRENTLY WITH THE GENERAL ELECTION SCHEDULED FOR NOVEMBER 5, 2024; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislature in 1896 and operates pursuant to the Charter of the City of Miami, Florida ("Charter"); and WHEREAS, the Charter has been amended from time to time as the governance of the City has evolved; and WHEREAS, the City of Miami, City of Hialeah, and City of Miami Beach all conduct their general municipal election on the first Tuesday after the first Monday in November in odd - numbered years, with a runoff election being held on the third Tuesday after the first Monday in November in odd -numbered years, essentially providing only two weeks between a general municipal election and runoff election; and WHEREAS, with new State of Florida election laws and subsequent procedural changes, it has become a tremendous challenge for the Miami -Dade Elections Department ("Elections Department") to perform the state -mandated procedures within the confines of a two - week timeframe between elections which in turn is adversely impacting the Elections Department, voters, and to a certain extent candidates as well; and WHEREAS, the Miami -Dade County Supervisor of Elections is strongly urging the City of Miami, City of Hialeah, and City of Miami Beach to consider holding their general municipal election and runoff election at least four weeks apart so the Elections Department can adequately prepare for a City runoff election; and WHEREAS, the City Commission believes having a City runoff election on the second Tuesday in December in odd -numbered years is in the best interests of the residents and will contribute to seamless election preparation and greater voter participation; and WHEREAS, the City Commission wishes to submit the proposed amendment to the Charter to the electorate for approval or disapproval at the Referendum Special Election to be held concurrently with the General Election scheduled for November 5, 2024; 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. In accordance with the provisions of the Charter, Section 6.03 of the Miami - Dade County Home Rule Charter, a Referendum Special Election is to be called and directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on November 5, 2024, for the purpose of submitting to the qualified electors of the City for their approval or disapproval of the proposed Charter Amendment to change the date of a runoff election for Mayor and City Commissioner as stated herein. Section 3. Section 7 of the Charter is proposed to be amended in the following particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 7. Election of City Commissioners and Mayor. 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 third Tuesday after the first Monday in November second Tuesday in December, in odd -numbered years. All elections held in said city shall be conducted and held according to the provisions of the general election laws of the State of Florida, except as otherwise provided for in the Charter. The name of any person qualified as provided in section 4 of this Charter shall be printed upon the ballot as a candidate for the office of mayor or city commissioner upon paying to the City of Miami the sum as prescribed by ordinance to be accepted by the city clerk as a qualifying fee along with the sum for election assessment as prescribed by state law during the qualifying period as prescribed in this Charter prior to the date of such general municipal election or special election to fill a vacancy. Any person qualified to run for mayor or city commissioner shall file an affidavit of candidacy in the form provided by the city clerk including his or her name, address, occupation and willingness to serve if elected, accompanied by the requisite documents and fees as provided in state law and section 7 of this Charter. An affidavit of candidacy shall be filed not earlier than 60 days and not later than 45 days prior to the date of the general municipal election or during the qualifying period for a special election to fill a vacancy. 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. All such qualifying documents and fees shall be deposited with the city clerk no later than 6:00 pm. on the forty-fifth day prior to the general municipal election or the last day for qualifying in a special election to fill a vacancy." Section 4. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on Exhibit "A", attached and incorporated, or as may be designated by the Supervisor of Elections of Miami -Dade County ("Supervisor") in conformity with the provisions of the general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Referendum Special Election date shall be those designated by the Supervisor for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to Referendum Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Referendum Special Election is all voter information cards, registration books, records, and certificates pertaining to electors of the City and established and maintained as official by the Supervisor in conformity with the laws of the State are adopted and declared to be and shall hereafter be recognized and accepted as official voter information cards, registration books, records, and certificates of the City. Section 5. In compliance with Section 100.342, Florida Statutes (2023), regarding any Referendum Special Election not otherwise provided for there must be at least thirty (30) days' notice of the election or referendum by publication in a newspaper of general circulation in the county, district, or municipality, or publication on the county's website as provided in Section 50.0311, Florida Statutes, the municipality's website, or the supervisor's website, as applicable. The City Clerk is authorized and directed to publish notice of the adoption of this 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 Referendum Special Election is to be held, in newspaper(s) of general circulation in the City which notice shall be substantially in the following form: NOTICE OF REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-24-0280 A Referendum Special Election will be held on November 5, 2024 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida at the polling places in the several Referendum Special Election precincts designated by the Supervisor of Elections for Miami -Dade County, Florida as set forth herein unless otherwise provided by law for the purpose of submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall Section 7 of the City Charter be amended to allow more time for the Miami -Dade Elections Department to better prepare and conduct a runoff election for City of Miami elections involving the Mayor and City Commissioners by changing the date of a runoff election from the third Tuesday after the first Monday in November to the second Tuesday in December, in odd -numbered years?" This Charter Amendment will amend Section 7 of the City Charter to increase the amount of time between the general and runoff election for Mayor and City Commissioner from two weeks to five weeks. The additional time will allow the Miami -Dade Elections Department to better prepare and conduct the runoff election, allow more time for voters to return their vote -by -mail ballots, and provide candidates with more time to campaign. By order of the Commission of the City of Miami, Florida. Section 6. The official ballot to be used at said Referendum Special Election shall be in full compliance with the laws of the State with respect to vote -by -mail ballots and to the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following form: "Official Ballot" Referendum Special Election November 5, 2024 Charter Amendment to Change Runoff Date to Allow More Time Between General and Runoff Election Shall Section 7 of the City Charter be amended to allow more time for the Miami -Dade Elections Department to better prepare and conduct a runoff election for City of Miami elections involving the Mayor and City Commissioners by changing the date of a runoff election from the third Tuesday after the first Monday in November to the second Tuesday in December, in odd -numbered years? YES NO Section 7. The form of the ballot shall be in accordance with the requirements of general election laws. Electors desiring to vote in approval of the Question described above shall be instructed to vote their selection next to the word "YES" within the ballot containing the statement relating to the Question. Electors desiring to vote to disapprove the Question shall be instructed to vote their selection next to the word "NO" within the ballot containing the statement relating to the Question. Section 8. The City Clerk shall cause to be prepared vote -by -mail ballots containing the Question set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such ballots in said Referendum Special Election. Section 9. All qualified Electors of the City shall be permitted to vote in the Referendum Special Election and the Supervisor is requested, authorized, and directed to furnish, at cost and expense of the City, a list of all qualified electors residing in the City as shown by the registration books and records of the Office of the Supervisor 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 Referendum Special Election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on November 5, 2024, and who have not registered under the provisions of the general laws of the State and Chapter 16 of the City Code or who have transferred their legal residence from one voting precinct to another in the City, they may register Monday through Friday from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department located at 2700 Northwest 87th Avenue, Miami, Florida within such period of time as may be designated by the Supervisor. In addition to the above place and times, qualified persons may register at such branch offices and may also register to vote online for the purpose of registration in order to vote in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor. Section 11. Todd B. 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 related to matters pertaining to the use of the registration books and the holding of said Referendum Special Election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor not less than forty-five (45) days prior to the date of the Referendum Special Election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.