Resolution 8327 _ _.
RESOLUTION NO. 8327
BE IT RESOLVED by the City Council of the City of
Miami Beach, Florida, that it is deemed to be to the best interest
of said City to secure the passage, at the 1953 Session of the
State Legislature, of a Bill entitled:
"AN ACT AMENDING SECTION 39 OF CHAPTER 7672,
LAWS OF FLORIDA, ACTS OF 1917, BEING THE
CHARTER OF THE CITY OF MIAMI BEACH, FLORIDA,
"ENTITLED: "AN ACT TO ABOLISH THE PRESENT
MUNICIPAL GOVERNMENT OF THE TOWN OF MIAMI
BEACH, IN THE COUNTY OF DADE AND STATE OF
FLORIDA, AND TO ESTABLISH, ORGANIZE AND IN-
CORPORATE A CITY GOVERNMENT FOR THE CITY OF
MIAMI BEACH, TO DEFINE ITS TERRITORIAL BOUN-
DARIES, TO PRESCRIBE ITS JURISDICTION, POWERS
AND PRIVILEGES, AND FOR THE EXERCISE OF SAME
AND TO AUTHORIZE THE IMPOSITION OF PENALTIES
FOR THE VIOLATION OF ITS ORDINANCES; " TO PRO-
VIDE FOR ABSENTEE VOTING AT THE CITY CLERK'S
OFFICE NOT MORE THAN FIFTEEN NOR LESS THAN
THREE DAYS PRIOR TO ANY MUNICIPAL ELECTION . "
BE IT FURTHER RESOLVED that copies of this Resolution and
of said Bill be furnished to the I-Ionorable R. B. Gautier, Jr . , the
Honorable Robert L . Floyd, the Honorable George Okell, and the
Honorable Dante B. Fascell, Members of the Florida Legislature from
Dade County, and that they each be respectfully requested to see
that said Bill be introduced and passed at said Session.
PASSED and ADOPTED this 8th day of April, A. D. 1953 .
Mayor
4
ATTEST:
Ci -y Clerk
OFFICE OF CITY ATTORNEY — CITY HALL — MIAMI BEACH 39, FLORIDA
A BILL
Ai, ';'iTITLED
X. ACT SING SECTION 39 OF CHAPTER 7672 LAWS
OF FLORIDA ACTS or 1917, BEING THE CHAR= OF
THE CITY OF MIAKI 13EAc:i FLORIDA ENTITLF)
3: "A
ACT TO ABOLI � Td. PRESb! MUNICIPAL GOVERNMENT
OF THE TO/N jr MIAMI BEACH IN TUE COUNTY OF DADS
AND STATE or FLORIDA A?D +0 E.3T -I&3 OBGANIZ
AND INCORPORATE A CITY GOVERNMENTFOR THE CITY OF
MIAMI BEACH, TO DEFINE ITS TERRITORIAL BOUNDARIES,
TO PRESCRIBITS JURISDICTION, POWERS AND PRIVIL-
EGES, AND POI TUL EXCISE OF SAME AND TO AUTHO..
KINE THE DEPOSITION OF PENALTIES FOR THE VIOLATION
OF ITS A#C'ESi' TO PROYIL-a FOR ABSENTEE TOl3EG
AT TBE CITY CLERICS OFFICE NOT MORE THAN FIFTEEN
tui LESS TUN THWA DAIS PRIOR TO AHL MUNICIPAL
ELECTION.
BE IT M+ACTLD BY r3i LEGISLATURE OF THE STATE OF FLORIDA s
;;i CTIQp Z: That Section 39 of Chapter 7672, Laws of
Florida, Acts of 1917, be and the same is hereby amended to read
as followst
"SECTION 39. Any person who shall possess the ivalifi-
cations re'juisite to an elector at general state elections and
shall have resided in the City six (6) months next preceding the
City election, at which he offers to vote and shall have been
registered in the City registration books that shall be prescribed
by ordinance, shall be a qualified elector of the City; anal all
City elections held in the City of Miami Beach shall be conducted
and held in accordance with the previsions of the eleetion law of
the :tate of Florida, except where in conflict 4th the provi-
sions of this Act, but the City Council shall be substituted for
the County Commissioners.
Any qualified elector of the City of Miami Beach, Dade
County, Florida, who a pacts to be absent from Dade County on the
day of any municipal election hereafter held in the City of Miami
Beach, nay apply in person to the City Clerk of Miami Beech for
an official ballot to be used at his voting precinct at such elec-
tion, and the City Clerk shall furnish one (1) such official
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
ballot to each elector so applying therefor at any time not more
than fifteen (15) days, nor less than three (3) days next prior
to the day of such electio , upon satisfactory proof to the City
Clerk that the applicant therefor is qualified to vote at such
oiectio-. and upon such elector taking and subscribing to the fol-
loving oath or affidavit which is to be printed upon the front of
large envelopes to be furnished the City Clerk for that purpose,
to'lrit t
"STATE OF FLORIDA )
)3S
COUNTY OF DADS )
I the undersigned, do hereby solwrnly wear that 1
have resided in the Stats of Florid a for one (1) year, and in
the City of Miami Beach for six (6) months, that I am a duly
ualitied voter iA Precinct Rfo. of sad municipality; that
I
cis a citisea of the ,Spited gtaUi'and a qualified elector
under the lasts of the State of Florida; that I expect and intend
to be absent from Dade County during the entire period the polls
are open for voting on the day of the election to be held in
Miami 3each, Florida, on the day of , 4.1). 19.,.x,
and cannot, without manifest inconve_nienee, vole thereat in person,
and will not attempt to do so.
Vleator
Sworn to a l:d subscribed
before me, this day
of 9___•
City Clerk
Such oath or affidavit shall be taken and signed before
the City Clerk and the City Clerk is hereby authorized to admini-
ster such oaths,
Said elector shall then and there and at the time of re-
ceiving such ballot, mark the same ae required by law in such
cases, and after folding the sane, shall securely seal such ballot
in a plain envelope, to be furnished him by the City Clerk, which
said ballot so sealed in a plain envelope shall then and there in
the proms, of the City Clerk be sealed in the envelope in which
is contained the oath or affidavit so taken and subscribed by him
as herein provided, and upon the back and across the flap of which
shall be written or printed the followings
- 2 -
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
"The ballot of , an absent voter of
Precinct lo. of Miami Beach, Florida" with the blanks
properly filled in and signed across the flap by both such else-
::or and City Clerk in the presence of each other.
Said ballot so marked and sealed shall thereafter be
deposited with and received by the City Clerk who shall officially
keep and preserve the SRMO in his possession until such time as
the official ballot box for the voting precinct of such elector
is prepared, when the same shall be deposited in such ballot box
for the voting, precincts together with the other contents thereof
3s re►uired by law. Upon opening the ballot box preparatory to
opening the polls at such election, the Inspectors end Clerks for
such election for the several precincts shall take from the seve-
ral ballot boxes all such ballots so voted 1y absent voters, and
if, and only ache , it is found upon an examination of the regia•
tration books and poll lists furnished such Inspectors or other
sufficient evidence, that such elector is qualified to vote at
such election:, then the said Inspectors shall, after the said
ballot box has been closed and locked for the purpose of voting,
thereupon break the seal of the outer envelope containing said
vote and deposit said bellot 'in the said ballot box, but leaving
such ballot sealed in the blank envelope to be opened and counted
by such Inspectors in canvassing and counting all of the votes
cast at such election. The outer envelope containing; the affi-
davit or oath herein provided for shall be carefully preserved
by such inspectors and delivered by them to the City Council
acting as the Canvassing Board for said election along 4ith the
returns thereof. In case it be found by the Inspectors that
such elector, so attempting to vote, is not 1ualified or entitled
to vote at such election, then, and in such evert, the said ballot
shall not be deposited in said ballot box, but shall be left in
the outer envelope and by theca lelivered to the Canvassing :.card,
along with their returns of the election, and also with the nota-
tion on said envelope of their reasons for not depositing said
ballot in the ballot box; provided, that no elector shall be
3
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
v
allowed to vote under the provisions hereof later then three
(3) days immediately preceding the day on which election is
held, and provided further that al]. ballots so voted shall be
secret. No application for a ballot shall be accepted and no
ballot shall be delivered except as in this section provided.
BECT3 2: In the ween any portion of this Act
shall be found by a court of competent jurisdiction to be
invalid or unconstitutional the remaining portions thereat
shall continue in full Pores and effect aa though such invalid
portions thereof had never been included herein.
34 ON Is That all laws and parts of laws, general
and special, in conflict with the provisions of this Act be and
the same are hereby repealed.
a c219i'4 Iv This act shall go into effect immedia :ely
1pon its beading a law,
OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA
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