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HomeMy WebLinkAboutO-14376City of Miami Ordinance 14376 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17723 Final Action Date: 6/26/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTIONS 100.3605(2), 101.75(3), AND 166.021(4), FLORIDA STATUTES, AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ELECTIONS," MORE PARTICULARLY BY AMENDING SECTION 16-2 OF THE CITY CODE, TITLED "SAME - HOLDING OF CITY ELECTIONS; STRAW BALLOT," TO CHANGE THE DATE OF THE GENERAL ELECTION FROM NOVEMBER 4, 2025 TO NOVEMBER 3, 2026 AND TO CHANGE THE DATE OF ALL SUBSEQUENT ELECTIONS; PROVIDING FOR THE EXTENSION OF EXISTING TERMS OF OFFICE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Damian Pardo 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 under a code of ordinances, known as the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, Section 7 of the City Charter currently states, "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; and WHEREAS, Section 7 of the City Charter furthers that, "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"; and WHEREAS, Chapter 16 of the City Code provides for Elections in the City; and WHEREAS, Section 16-2 of the City Code provides for the process of "holding City elections"; and WHEREAS, Section 100.3605(2), Florida Statutes, authorizes the City Commission, by ordinance, to change the dates of its election and to extend the terms of office of current elected members necessitated by any such changes to the election date; and WHEREAS, Section 101.75(3), Florida Statutes, provides in relevant part, "notwithstanding any provision of local law or municipal charter, the governing body of a municipality may, by ordinance, move the date of any municipal election to a date concurrent with any statewide or countywide election"; and WHEREAS, Section 166.021(4), Florida Statutes authorizes a municipality to change "the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates" without approval by referendum; and City of Miami Page 1 of 3 File ID: 17723 (Revision:) Printed On: 8/25/2025 File ID: 17723 Enactment Number: 14376 WHEREAS, the City Commission has determined that it would be in the public interest to move the City's current General Election held in November in odd -numbered years to the first Tuesday in November following the first Monday in November in each even -numbered year so that the City's General Election would coincide with the national and gubernatorial election and the cost of the election would be reduced by such a change; and WHEREAS, in addition to a reduction in cost due to moving the election date, such a change would encourage more people to become involved in the political process; and WHEREAS, starting with the 2025 City General Election currently anticipated for November 4, 2025, the City Commission desires to change the date of the General Election to November 3, 2026, and to extend the corresponding terms of office of current Elected Officials to coincide with the election date change; and WHEREAS, all subsequent elections will occur on the first Tuesday following the first Monday in November in each even -numbered year and the date of runoff elections shall occur on the second Tuesday in December, following the City's General Election; and WHEREAS, the City Commission deems it appropriate to move the General Election date, and the date of all subsequent election dates accordingly; 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. 16-2. Same —Holding of city elections; straw ballot. (a) Notwithstanding any provisions in the City Charter to the contrary, and in accordance with Florida Statutes, a General Municipal Election for the Mayor and City Commissioners shall be held on the first Tuesday after the first Monday in November in even -numbered years concurrent with any statewide or countywide election. A runoff election for the Mayor and City Commissioners shall be held on the second Tuesday in December, in even -numbered years. (ab) The city commission shall, not less than 45 days prior to the proposed date of any municipal election, adopt a resolution setting forth the following: (1) The date upon which such election is to be held. 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 Page 2 of 3 File ID: 17723 (Revision:) Printed on: 8/25/2025 File ID: 17723 Enactment Number: 14376 (2) The purpose of such election. (3) The list of polling places in the several precincts. (4) The names of those persons designated and assigned to serve as clerks of election and as inspectors of election; provided that the city commission may omit such names from such resolution and include them in a resolution to be adopted later in accordance with the general election laws of the state. (5) The form of ballot to be used in such election (except absentee ballots), prepared in compliance with all statutory requirements relating to the use of mechanical voting machines. The city commission shall further authorize and direct the city clerk to give notice of the adoption of such resolution and of the provisions thereof, by and through the publication of an appropriate advertisement in two daily newspapers of general circulation in the city at least 15 days before the day upon which such municipal election is to be held. In the event that any polling place designated in the resolution shall become unavailable for use as such, the city clerk shall designate another polling place within the same precinct for holding the election and shall thereafter report his/her action at the next regular city commission meeting by filing a certificate with the mayor and city commission setting forth the details of the change and the reasons therefor. (14c) Notwithstanding any provision in the city Code to the contrary, a resolution calling for a municipal election where the ballot question at such proposed election is a "straw ballot question," namely, a question which has no binding or obligatory effect regardless of the voters' approval or disapproval of such question, shall be adopted not less than 30 days prior to the date of such proposed election. *„ Section 3. Extension of Existing Terms of Office. Notwithstanding the provisions of Section 4 of the City Charter, the term of office for the sitting Mayor and the City Commissioners whose term would ordinarily expire in November 2025 shall be extended to the first Tuesday after the first Monday in November in 2026; and the term of office for the sitting City Commissioners whose term would ordinarily expire in November 2027 shall be extended to the first Tuesday after the first Monday in November in 2028. Section 4. 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 5. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: rge=.WyyngIII, Ctyttor -y 6/3/2025 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 Page 3 of 3 File ID: 17723 (Revision:) Printed on: 8/25/2025