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Ordinance 91-2734 Ordinance No. 91-2734 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 10 OF THE MIAMI BEACH CITY CODE, SAID CHAPTER ENTITLED "ELECTIONS', BY CREATING AND ADDING SECTION 10-2.1 ENTITLED ',VACANCY IN CANDIDACY', PROVIDING FOR CERTAIN PROCEDURES TO FILL A VACANCY IN A CANDIDACY FOR ELECTED OFFICE CAUSED BY DEATH, WITHDRAWAL OR REMOVAL FROM THE BALLOT OF A QUALIFIED CANDIDATE, AND AMENDING SECTION 10-8 ENTITLED ',TO QUALIFY WITH CITY CLERK; TIME, BY CONFORMING SAID SECTION TO SUPPLEMENTAL QUALIFYING PERIOD PROVISIONS IN CITY CODE SECTION 10-2 . 1; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. WHEREAS, the State Legislature has adopted §166. 031 (6) , Florida Statutes, requiring each municipality to provide procedures for filling a vacancy in a candidacy cause by death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office; and WHEREAS, neither the City of Miami Beach Charter nor the Miami Beach City Code provide for such procedures. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Miami Beach, Florida. SECTION 1. WHEREAS, Miami Beach City Code Chapter 10 entitled "Elections" is hereby amended by creating and adding a section to be numbered 10-2 . 1 which section shall read as follows: Section 10-2 . 1 "Vacancy in Candidacy" If the death, withdrawal or removal of a qualified candidate following the end of the qualifying period results in only one candidate remaining on the ballot for that office, one supplemental qualifying period shall be established for a period of five days beginnirg on the first day following the vacancy in candidacy. No further supplemental qualifying period shall thereafter be established and no supplemental qualifying period shall be established at all if a vacancy in candidacy occurs within twenty- six days prior to the date of the general election for the office of city commissioner or mayor. If within twenty-six days prior to the date of the general election for the office of city commissioner or mayor, there is only one candidate on the ballot for an elected office, said candidate shall be declared elected and no election for that office shall be required. 1 SECTION 2 . WHEREAS, Miami Beach City Code Chapter 10 entitled "Elections" , Section 10-8 thereof entitled "To qualify with city clerk; time" is hereby amended to read as follows: Section 10-8 "To qualify with city clerk; time. " Except for candidates qualifying for elected office during a supplemental qualifying period, pursuant to Miami Beach City Code Section 10-2 . 1, Ecandidates for the office of city commissioner or mayor shall qualify with the city clerk not more than one hundred thirteen days nor less than one hundred and nine days prior to the election for the office of city commissioner or mayor. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on March 16 , 1991. PASSED and ADOPTED this 6th da .f March 1991. ALAILAW /0/ . OR Attest: FORM APPROVE' CITY CLERK By A ?L4 a:\res.ord\sect10-2.ord 1st reading 2/20/91 Date 2nd reading 3/6/91 2 r OFFICE OF THE CITY ATTORNEY 1� C64 91Ji Wa eh F L O R i D A (INCOAP' LAURENCE FEINGOLD �� . �, P.O BOX O CITY ATTORNEY \b-4-7:1-,H26 MIAMI BEACH FLORIDA 33119-2032 TELEPHONE(305)673-7470 TELECOPY (305)673-7002 COMMISSION MEMORANDUM NO. -t J""q DATE: FEB. 20, 1991 TO: Mayor Alex Daoud and Members of the City Commission City Manager Rob W. Parki s FROM: Laurence Feingold City Attorney SUBJECT: AMENDMENT TO MIAMI BEACH CITY CODE CHAPTER 10 GOVERNING "ELECTIONS" BY CREATING AND ADDING SECTION 10-2 . 1 ENTITLED "VACANCY IN CANDIDACY", AND AMENDING SECTION 10- 8 ENTITLED "TO QUALIFY WITH CITY CLERK; TIME." The Florida State Legislature has, via House Bill 2403 (effective January 1, 1991) recently amended Florida Statute Chapter 166. 031 (6) to require each municipality to provide procedures for filling a vacancy in candidacy of elected office caused by death, withdrawal or removal from the ballot of a qualified candidate for such office following the end of the qualifying period thereof which leaves fewer than two candidates for an office. Although Section 28 (k) of the Miami Beach City Charter presently provides procedures for the filling of a vacancy in office, neither the City Charter nor the City Code currently establishes procedures governing the filling of vacancies in candidacy as required by Florida Statute Chapter 166. 031 (6) . Accordingly, the attached Ordinance amending Chapter 10 of the Miami Beach City Code, said Chapter governing "Elections" , has been drafted for the purposes of establishing procedures concerning the filling of vacancies in candidacy in the above-referenced situations. Essentially, the subject Ordinance provides that upon the death, withdrawal or removal of a qualified candidate following the end of the qualifying period resulting in only one candidate remaining on the ballot for that office, one supplemental qualifying period shall be established for a period of five days (beginning on the first day following the vacancy in candidacy) , with no further supplemental qualifying periods being established and with no such supplemental qualifying periods being established at all in the event said vacancy occurs within twenty-six days prior to the general election. (The twenty-six day period would guarantee the Dade County Elections Department ample time to print the corrected ballots in time for the general election. ) Finally, in the event only one candidate remains on the ballot within said twenty-six day period prior to the general election, said candidate shall be declared elected and no election for that office shall be required. In addition to the above, Miami Beach City Code Section 10-8 entitled "To qualify with city clerk; time" is also being amended in order to conform said section to the supplemental qualifying period provisions as set forth within City Code Section 10-2 . 1. LF/JKO/rg 06 AGENDA a:\res.ord\sect10-2ocm - ITEM DATE 3 - L-- Cl ' 790 CONVENTION CENTER DRIVE - FOURTH F_OOR - MIAMIBEACH, FLORIDA 33139 H � LH CO >l 4-) r0 U 'rl •1-4 O • .0 CA I 0 •H CO CSA P ,-.1 cd O a) "t) ›, .0 Ti O' b.0 fa.N ' 0 a) cd 0 •H CO O ^tPa 1.1 .-� N E r-•1 1 fa. cd cd 1•a a) o ›, 0 I cd W O U 4-1 4-1 '0 4-4 44 0 ,---1 •r-1 - ,-4 p O 'G' r-♦ •r•1 '0 1--1 4-4 0 F.' 4-1 J, O•CO 4-7 ',Z. +) u ,u •1-1 •H 4-1 E CO 0 ,a Z4-1 • ••r-1 N 'Ty 4-1 O a) U a) ,-1 a) C� z 0 v CO CO .40.1 tea) 1.1 N G U H - o CO 4-4 0 •r10 •H a) C 1-1 a) •1-1 •r1 a) N .-1 •1-1 a) 4-) Q la 4-1 Ti1-1 1-4 CO 1--1 1 r-1 -H F4 a) f3.'d >, 0 a) 3 CO 0 ,x 0.c.) 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