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Ordinance 722 ORDINANCE NO. 722 AN ORDINANCE PRESCRIBING A NEW REGISTRATION, DEFIN- ING THE QUALIFICATIONS REQUISITE FOR VOTING IN MUNICIPAL ELECTIONS AND PRESCRIBING TERMS AND CONDI- TIONS UNDER WHICH SUCH NEW REGISTRATION SHALL BE EFFECTIVE; NOMINATING AND APPOINTING CITY CLERK SUPERVISOR OF REGISTRATION AND DEFINING HIS POWERS AND DUTIES; ESTABLISHING, PRESCRIBING AND MAKING PROVISION FOR THE USE OF OFFICIAL REGISTRATION CARDS, DECLARING THESE CARDS TO BE THE OFFICIAL REGISTRA- TION, RECORDS AND BOOKS OF THE CITY OF MIAMI BEACH, AND PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF FILES THEREOF; AUTHORIZING THE ADOPTION AND USE OF SUPPLEMENTARY AND AUXILIARY REGISTRATION FORMS AND RECORDS; PROVIDING FOR TRANSFER AND REGISTRA- TION FROM PRECINCT TO PRECINCT; DEFINING CAUSES FOR CANCELLATION OF REGISTRATION AND METHODS WHEREBY SUCH CANCELLATION SHALL BE EFFECTIVE; PROVIDING FOR • THE APPOINTMENT OF CLERKS AND INSPECTORS OF ELEC- TION BY THE CITY COUNCIL; MAKING PROVISIONS FOR THE ADOPTION OF A RESOLUTION PRIOR TO EACH MUNICIPAL ELECTION; PROVIDING FOR THE CUSTOM AND USE OF OFFI- CIAL REGISTRATION FILES BY CLERKS OF ELECTION; FIX- ING THE EFFECTIVE DATE OF THE NEW REGISTRATION PRE- SCRIBED HEREBY; PRESCRIBING PENALTIES FOR ALTERING, MUTILATING, DEFACING OR DESTROYING OFFICIAL REGIS- TRATION CARDS, AND ADOPTING ALL GENERAL STATE LAWS NOT INCONSISTENT HEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That there shall be a new registration of all persons qualified to vote in municipal elections held in and by the City of Miami Beach, and that every person possessing the qualifi- cations requisite for an elector in the City of Miami Beach, under the Charter of said City, and under the laws of the State of Florida, shall be entitled to register under the provisions of this ordinance. On and after the effective date of such new registration, as herein pro- vided, only such persons as have been duly registered hereunder shall be eligible or permitted to vote in any municipal election, and, in the event that additional qualifications for voting on any specific question are required by law, no person, although registered, who does not possess such additional qualifications shall be allowed to vote on such question. It shall not be necessary for any person who has once registered under the provisions of this ordinance to register again thereafter unless he shall change his name voluntarily, or by operation of law, or shall change his legal residence to another elec- tion precinct, or unless the earlier registration should be cancelled for any of the reasons hereinafter prescribed for the cancellation of registrations. SECTION 2. That the City' Clerk is hereby nominated and appointed Supervisor of Registration in and for the City of Miami Beach, and is hereby empowered and directed to perform all of the duties and functions and to exercise all the powers of Supervisor of Registration, including the adoption and employment of methods of regis- tration procedure not inconsistent with any of the provisions of this ordinance, and the establishment, promulgation, and enforcement of such rules and regulations, relating to registrations and elections, and to the maintenance, filing and preservation of registration and election records as may be necessary or appropriate in the effectuation of the provisions and purposes of this ordinance. The Supervisor of Regis- tration is authorized, empowered and directed to appoint such number of deputy supervisors of registration as may reasonably be needed to assist him in the performance of the duties imposed upon him by this ordinance. SECTION 3. That, for the purpose of effecting the new registration provided for and prescribed herein, there is hereby adopted, established and prescribed as the official registration blank or form, hereinafter called the "official registration card", upon which the legal registration of each person qualified to register here- under is to be recorded, a card approximately eight inches in length and five inches in width, having printed thereon a form substantially as follows: _ I__ Ill\ _-_____- SEX DATE OF BIRTH HEIGHT I PLACE OF STATE OR COUNTRY BIRTH IF NATURALIZED PLACE DATE • COURT NUMBER ADDITIONAL DATA ON CITIZENSHIP • -_-___ LENGT$� OF RESIDENCE �N STA7F.__ __-�-.�---- -' At the time of the registration of each person qualified to register under the provisions hereof, one of such official registra- tion cards shall be filled out by appropriate entries made thereon in his presence, and he shall thereupon take and subscribe to the oath printed upon such card. Prior to each municipal election the City Clerk is hereby authorized and directed to establish and maintain for each election precinct a separate file of such completed official registration cards, and to place and preserve in such file in alpha- betic order the official registration cards of all persons who have registered hereunder as residents of such precinct. Each such file shall be so designed, made, and equipped with lock or other fastening device that no official registration card or cards can be placed therein or removed therefrom without the personal knowledge of the City Clerk, in whose custody and control, actual or constructive, all such files shall at all times be kept. SECTION 4. That such completed official registration cards, maintain- ed in accordance herewith at any time by the Supervisor of Registration as constituting a complete official record of the Regis- tration of all qualified electors of the City of Miami Beach as of such time, shall for all purposes whatsoever constitute, be and be known as the official registration records and books of the City of Miami Beach. SECTION 5. That the City Clerk as Supervisor of Registration is here- by authorized and directed to design, adopt and employ such registration forms and records, supplementary and auxiliary to the official registration card described in Section 3 hereof, as may be necessary or appropriate to provide for and to record the registra- tion of any person qualified to vote in municipal elections held in the City of Miami Beach. SECTION 6. That, to enable all persons qualified to vote in municipal elections held in the City of Miami Beach to register under the provisions of this ordinance, it is hereby prescribed and directed that the City Registration Office in the City Hall shall be opened daily ( except Sundays, Holidays and Half-holidays) from 9:00 o' clock A. M. to 5:00 o' clock P. M. , provided, however, that, to enable City Clerk to make proper provision f or holding municipal elections all official registration files and records shall be closed during a continuous period of thirty days, immediately preceding each such election. -2- SECTION 7. That every person who shall register under the provisions of this ordinance shall, upon registering, be furnished with a certificate to the effect that he is a duly registered elector of the City of Miami Beach. Each such certificate shall be signed by the Super- visor of Registration or by the Deputy Supervisor of Registration in whose presence the _registration of the person named thereon was effected, and in the event that the right of such person to vote in a municipal election is challenged at any polling place, it shall be presented for examination by any duly authorized Clerk or Inspector of Election thereat. SECTION 8. That any person who, having registered under the provisions of this ordinance , shall thereafter remove his legal resi- dence from the voting precinct in which registration was effected to another voting precinct within the City of Miami Beach may have his reg- istration transferred to the precinct of his new legal residence by mak- ing application therefor at the office of the City Clerk, who is hereby authorized and directed to receive such applications and to effectuate such transfers of registration at all times during office hours through- ; out the year, with the exception of the 30-day period immediately preced- ing every municipal election, during which period all official registra- tion files and records shall be closed as hereinbefore provided. SECTION 9. That the City Clerk is hereby authorized and directed to cancel the registration hereunder of any person who, as shown by official registration and election records, shall fail to vote in two successive municipal general elections, provided, however, that prior to such cancellation of registration, the City Clerk shall mail a notice to such person at the address shown upon the official registration card as his place of residence, notifying him that his registration will be cancelled unless within thirty (30) days of the date of such notice ' he shall make application for a continuance of his registration by fill- ing out, signing and returning the blank form enclosed for that purpose with each such notice. In the event that the person to whom such notice is sent shall not make application for a continuance of his registration within such thirty-day period, the City Clerk shall at the end of such period remove the official registration card of such person from the file, and shall, after making an appropriate factual certificate thereon, place and preserve such registration card in an inactive file which he shall establish and maintain for such purpose. SECTION 10. That, when the City Clerk shall ascertain, or when it shall be brought to his attention, that any person, subsequent to his registration under the provisions of this ordinance, has died, or has removed his legal residence from the City of Miami Beach, or has become disqualified under the laws of the State of Florida to vote in any municipal election held in the City of Miami Beach, the City Clerk shall thereupon mail a notice to such person at the address shown upon the official registration card as his place of residence, notifying him that his registration will be cancelled thirty (30) days from and after the date of such notice for the reason of disqualification thereon indicated, unless within such thirty-day period he shall establish to the satisfaction of the City Clerk that his registration should not be cancelled. In the event that within such thirty-day period the person to whom such notice is sent shall not establish his right to have his registration continue in effect, the City Clerk shall at the end of such period remove the official registration card of such person from the active file, and, after making an appropriate factual certificate thereon, shall place and preserve such registration card in an inactive file which he shall establish and maintain for such purpose, and such inactive card or cards shall thereupon cease to be a part of the registration books. SECTION 11. That prior to each municipal election the City Council shall designate a Clerk of Election for each precinct and also a sufficient number of Inspectors of Election for each precinct and shall publish the names of such Clerks and Inspectors in accordance with law; and that all persons who shall serve as Clerks of Election or as Inspectors of Election at any municipal election held in the City of Miami Beach shall have the status of casual and temporary employees not entitled to the status or to any of the rights or benefits of regular or permanent municipal employees. SECTION 12. That, for the purpose of making proper provision for each municipal election held in the City of Miami Beach, the City Council shall, not less than thirty days prior to the proposed date of such election, adopt a resolution setting forth (a) the date upon which such election is to be held, (b) the purpose of such election, (c) the days and hours, prior to the date of such election, during which persons qualified to vote therein may register therefor, (d) the list of polling places in the several precincts provided for in Section 2 hereof, (e) the names of those persons designated and assigned to serve as Clerks of Election and as Inspectors of Election, provided the City Council' shall have the right to omit this requirement from such resolution and to include the names of Clerks of Election and Inspectors of Election in a resolution to be adopted later in accordance with the general election laws, and (f) 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 Council shall further authorize and direct the City Clerk to give notice of the adoption of such resolution and of the provisions thereof hereinbefore prescribed, by and through the publication of an appropriate advertisement in a daily newspaper of general circulation in the City of Miami Beach once a week for four consecutive weeks next preceding the day upon which such municipal election is to be held. In the event that any polling place designated in said resolution shall become unavailable for use as such, the City Clerk as Supervisor of Registration shall designate another polling place within the same precinct for holding said election and shall thereafter report his action to the City Council at its next regular meeting by filing a certificate with the City Council setting forth the details of the change and the reasons there- for. SECTION 13. That, at each municipal election, general or special, the City Clerk shall deliver into the custody of the Clerk of Election for each election precinct the file of official registration cards for such precinct, and the Clerk of Election shall be responsible for safe- guarding such file of official registration cards while it is in his custody, and shall return it to the City Clerk, together with his official return sheets and all election paraphernalia immediately after the results of elec- tion are determined and recorded as provided by law. SECTION 14. That the new registration authorized and provided for herein shall become effective on the first day of December, 1944, at which time all registrations under any previous ordinance or ordinances shall become null and void and shall have no further legal force or effect in enabling any person to vote at municipal elections held in the City of Miami Beach. Provided, however, that all persons inducted into the military ser- vice of the United States and remaining in such service during the period when the new registration authorized and provided for herein is open for the registration of electors shall be exempt from the operation of the provi- sions of this ordinance requiring said new registration as a prerequisite to the right to vote in any municipal election, provided such person has been duly registered as an elector during any previous registration period and his name has not been removed from the registration lists according to law and no person entitled to the exemption provided for in this section shall be deprived of the right to vote in any municipal election because of failure or omission to re-register, but the Supervisor of Registration may require reasonable proof of the person' s military service as a ground for such exemption. -4. SECTION 15. That if the Supervisor of Registration or any Deputy Supervisor, Clerk, Inspector or any other person with wrongful intent shall remove, add to, change, alter, deface, mutilate, destroy, or in any manner wilfully impair the correctness, authenticity or verity of the registration records or books of the City of Miami Beach, or any part thereof, or any record maintained hereunder in " connebli tion therewith, he shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed Five Hundred Dollars ( $500.00) or by imprisonment not to exceed Sixty (60) days, or by both such fine and imprisonment in the discretion of the Municipal Judge. SECTION 16. That all general laws of the State of Florida relating to elections and to the registration of persons quali- fied to vote therein, which are not inconsistent or in conflict with the provisions of this ordinance, be and the same are hereby adopted as parts hereof. SECTION 17. That all ordinances or parts of ordinances, insofar as they are in conflict or inconsistent with the provisions of this ordinance, be and the same are hereby repealed. SECTION 18. That, if any section, part of section, paragraph, sen- tence or clause of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion hereof, but shall be restricted and limited in its operatl on and effect to that specific portion hereof involved in the controversy in which such decision shall have been rendered. PASSED and ADOPTED this 15th day of November A. D. 1944. ; • // Ac ng 'a or ATTEST: T4..) Ci y er 1e t read ing - November 8, 1944 2nd reading - November 8, 1944 3rd reading - November 15, 1944 Posted - November 15, 1944 STATE OF FLORIDA ) COUNTY OF DADE ) I , C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 722 entitled "AN ORDINANCE PRESCRIBING A NEW REGISTRATION, DEFINING THE QUALIFICATIONS REQUISITE FOR VOTING IN MUNICIPAL ELECTIONS AND PRESCRIBING TERMS AND CONDITIONS UNDER WHICH SUCH NEW REGISTRATION SHALL BE EFFECTIVE; NOMINATING AND APPOINTING CITY CLERK SUPERVISOR OF REGISTRATION AND DEFINING HIS POWERS AND DUTIES; ESTAB- LISHING, PRESCRIBING AND MAKING PROVISIONS FOR THE USE OF OFFICIAL REGISTRATION CARDS, DECLARING THESE CARDS TO BE THE OFFICIAL REGISTRATION, RECORDS AND BOOKS OF THE CITY OF MIAMI BEACH, AND PROVIDING FOR THE ESTABLISHMENT AND MAINTENANCE OF FILES THEREOF; AUTHORIZING THE ADOPTION AND USE OF SUPPLEMENTARY AND AUXILIARY REGISTRATION FORMS AND RECORDS; PROVIDING FOR TRANSFER AND REGISTRATION FROM PRECINCT TO PRECINCT; DEFINING CAUSES FOR CANCELLATION OF REGISTRATION AND METHODS WHEREBY SUCH CANCELLATION SHALL BE EFFECTIVE; PROVIDING FOR THE APPOINTMENT OF CLERKS AND INSPECTORS OF ELECTION BY THE CITY COUNCIL; MAKING PRO- VISIONS FOR THE ADOPTION OF A RESOLUTION PRIOR TO EACH MUNICIPAL ELECTION; PROVIDING FOR THE CUSTOM AND USE OF OFFICIAL REGISTRATION FILES BY CLERKS OF ELECTION; FIX- ING THE EFFECTIVE DATE OF THE NEW REGISTRATION PRESCRIBED HEREBY; PRESCRIBING PENALTIES FOR ALTERING, MUTILATING, DEFT`CNG OR DESTROYING OFFICIAL REGISTRATION CARDS , AND ADOPTING ALL GENERAL STATE LAWS NOT INCONSISTENT HEREWITH. " , having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, Florida, one of which was at the door of the City Hall in said City on the 15th day of November, A. D. 1944, and that said Ord- inance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Mimi Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 20th day of December, A.D. 1944. Q City Clerk et Pui O 0 • Pi 0 t -M ii 004 H 0 211 1-9 5; H ti 0 CD 11 C1 H O PI • CD z H 0 cD N,DOL) r -rt-'• Ct 11