Resolution 2022-32166 RESOLUTION NO. 2022-32166
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 23, 2022 CITY OF
MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER CITY CHARTER SECTION 6.03 SHOULD BE AMENDED TO
CREATE AN ADDITIONAL QUALIFYING REQUIREMENT THAT CANDIDATES
SUBMIT DOCUMENTS EVIDENCING COMPLIANCE WITH THE CITY
CHARTER'S EXISTING REQUIREMENT THAT CANDIDATES RESIDE IN CITY
FOR AT LEAST ONE YEAR PRIOR TO QUALIFYING FOR OFFICE.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held in
the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, August 23, 2022, for
the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
said Special Election hereby called, with acceptance of the certification of the results of said
Special Election to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all
precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established
by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the
polling places and the voting precincts as determined by the Miami-Dade County Election
Officials.'
1 Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a newspaper
meeting the requirements set forth in Florida Statute § 50.031 and on the City's website, the
polling places for the election twice, once in the third week and once in the first week prior to the
SECTION 4.
Notice of the adoption of this Resolution and of its provisions calling this Special Election
shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami
Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the
provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami
Beach.
SECTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 A.M.
UNTIL 7:00 P.M. ON THE 23rd DAY OF AUGUST, 2022, AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
Charter Section 6.03:
Creating Additional Qualification Requirement for City Commission Candidates:
Proof of Residency Documents --
Shall Charter Section 6.03 regarding "qualifying"for City elected office, be amended to
create an additional qualifying requirement that candidates submit one (1) or more
proof of residency documents upon which candidates rely to evidence their
compliance with the Charter's existing requirement that candidates reside in the City
for at least one year prior to qualifying for office?
Yes
No
Said Notice shall further set forth pertinent information regarding eligibility of electors to participate
in said elections.
week in which the election is to be held."
•
SECTION 6.
That the official ballot to be used in the Special Election to be held on August 23, 2022
hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
Charter Section 6.03:
Creating Additional Qualification Requirement for City Commission Candidates:
Proof of Residency Documents;-
Shall Charter Section 6.03 regarding "qualifying" for City elected office, be amended to
create an additional qualifying requirement that candidates submit one (1) or more
proof of residency documents upon which candidates rely to evidence their
compliance with the Charter's existing requirement that candidates reside in the City
for at least one year prior to qualifying for office?
Yes
No
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be in
compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in accordance with
the general law of the State of Florida governing voter registration. Qualified persons may obtain
registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive,
First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter
registration centers and during such times as may be provided by the Supervisor of Elections of
Miami-Dade County. The Miami-Dade County Supervisor of Elections will register voters for this
Special Election until 5:00 p.m. on July 25, 2022. All persons eligible to vote at this Special
Election must be registered before the time and date set forth herein or have registered previously,
as provided by law. Each person desiring to become a registered voter shall be responsible for
properly filling out the registration form and returning it to the Miami-Dade County Elections
3
Department. All questions concerning voter registration should be directed to the Miami-Dade
County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida 33172; Telephone: (305)
499-VOTE (8683).
SECTION 9.
That voters participating via a Vote-by-Mail ballot in said Special Election shall be entitled
to cast their ballots in accordance with the provisions of the Laws of the State of Florida with
respect to such voting. All questions concerning Vote-by-Mail ballots should be directed to the
Miami-Dade County Elections Department, 2700 N.W. 87" Avenue, Miami, Florida 33172;
Telephone: (305) 499-VOTE (8683).
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election,
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11.
That if the Charter Amendment provided for in Sections 5 and 6 above shall be approved
by a majority of the qualified electors of the City voting on the subject Charter Amendment, it shall
be considered adopted and effective upon the City Commission's acceptance of certification of
final election results.
SECTION 12.
Upon the Charter Amendment's approval by a majority of the qualified electors of the City
voting on such measure in the election and the City Commission's acceptance of certification of
final election returns, the City Clerk is hereby directed to have the subject Charter amendment
incorporated into the City Charter, file such Amendment with the Clerk of the Circuit Court and file
the revised Charter with the Department of State.
4
i
SECTION 13.
If any section, sentence, clause or phrase of this Resolution or of the ballot measure or
the Charter Amendment set forth herein 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 said Resolution, ballot measure or Charter Amendment.
SECTION 14.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this T day of May, 2022.
ATTEST:
MAY 0 9 2022 DAN GELBER
MAYOR
RAF EL E. RANADO
CITY CLERK
‘ii,tORP GRATED
(Requested by Commissioner Mark Samuelian)
� ,. APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
City Attorney n�z Date #L1'
1� ti
5
AUGUST 23, 2022 CITY OF MIAMI BEACH SPECIAL ELECTION:
CITY CHARTER SECTION 6.03--
BALLOT QUESTION AND PROPOSED AMENDED CITY CHARTER TEXT
I. BALLOT QUESTION:
Charter Section 6.03:
Creating Additional Qualification Requirement for City Commission Candidates:
Proof of Residency Documents,-
Shall Charter Section 6.03 regarding "qualifying"for City elected office, be amended to create
an additional qualifying requirement that candidates submit one(1) or more proof of residency
documents upon which candidates rely to evidence their compliance with the Charter's
existing requirement that candidates reside in the City for at least one year prior to qualifying
for office?
•
Yes
No
II. PROPOSED AMENDED CITY CHARTER TEXT:
Charter, Section 6.03: "Qualifying".
The City Commission shall cause to be placed on the ballot to be used in the general election
the name of any qualified elector of the City residing within the City at least one year prior to
qualifying and who, within the four(4) consecutive days immediately following the first Monday of
September prior to said general election, 1)shall have submitted one(1) or more documents upon
which he/she relies upon to evidence that he/she has resided in the City for at least one year prior
to qualifying, which type document(s) shall include but not be limited to: a Florida government
issued identification, a voter's registration card, driver's license, property tax receipt, homestead
exemption, utility bill or lease agreement, 2) shall have paid to the City Clerk of the City of Miami
Beach the sum equal to seven and one-half percent (7%%) of the annual salary of the office to
which he/she seeks election as a qualifying fee„ and 31 shall have been photographed and
fingerprinted by the identification bureau of the Police Department of the City, unless such person
shall file with the City Clerk no later than noon of the 14th day prior to the first day of qualifying as
a candidate for such office, a petition approving his candidacy signed by sufficient qualified and
registered voters to constitute not less than two percent(2%) of this number of such voters as the
same shall be on the date sixty (60) days prior to the first day of qualifying as a candidate for
office; in the event the Miami-Dade County Elections Department has not issued its certificate
verifying the required number of valid signatures on the subject qualifying petition by 5:00 p.m. on
the second day of the City's four-day qualifying period, the City's 7%% qualifying fee shall be
waived by the City in the event the subject candidate should otherwise qualify for office pursuant
to this Charter section. All candidates qualifying for office shall have taken, signed and subscribed
to an oath or affirmation in writing in which he/she shall state (1) the title of the office for which
he/she is a candidate; (2) that he/she is a qualified elector of the City of Miami Beach, Florida,
and has resided in the City at least one year prior to qualifying; (3) his/her legal residence, by
street and number; (4) that he/she is qualified under the ordinances (including Miami Beach City
Code Chapter 38 governing "Elections") and Charter of the City of Miami Beach, Florida, to hold
the office for which he/she is a candidate.
Such oath or affirmation shall be substantially in the following form:
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
Before me, an officer authorized to administer oaths, personally appeared to me well known who,
being sworn, says that he/she is a candidate for the office of City Commissioner (Group No.
(or Mayor) for the City of Miami Beach, Florida; that he/she is a qualified elector of said
City residing within the City at least one year before qualifying for City of Miami Beach elected
office; that his/her legal residence is: , Miami Beach, Dade County, Florida; that he/she
is qualified under the ordinances (including Miami Beach City Code Chapter 38 governing
"Elections") and Charter of said City to hold such office; and that he/she has paid the required
qualification fee.
Signature of Candidate
•
Sworn to and subscribed before me this_day of A.D., 4-920
Authorized Officer
The City Commission shall, by ordinance, prescribe the manner of holding general and
special elections not inconsistent with the provisions hereof, and shall, by ordinance or resolution,
prescribe polling places in the various voting precincts in the City.
2
Resolutions -R7 0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: May 4, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 23,2022 CITY OF
MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A
QUESTION ASKING WHETHER CITY CHARTER SECTION 6.03 SHOULD
BE AMENDED TO CREATE AN ADDITIONAL QUALIFYING
REQUIREMENT THAT CANDIDATES SUBMIT DOCUMENTS EVIDENCING
COMPLIANCE WITH THE CITY CHARTER'S EXISTING REQUIREMENT
THAT CANDIDATES RESIDE IN CITY FOR AT LEAST ONE YEAR PRIOR
TO QUALIFYING FOR OFFICE.
ANALYSIS
•
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
See attached Commission Memorandum.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Mark Samuelian
Page 1208 of 1451
ATTACHMENTS:
Description
o Commission Memorandum
o Resolution
Page 1209 of 1451
AA! ,A1 A
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachll.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission •
City Manager Alina T. Hudak
FROM: Rafael A. Paz, City Attorney
DATE: May 4, 2022
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR AN AUGUST 23, 2022 CITY OF
MIAMI BEACH SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING
TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER CITY CHARTER SECTION 6.03 SHOULD BE AMENDED TO
CREATE AN ADDITIONAL QUALIFYING REQUIREMENT THAT CANDIDATES
SUBMIT DOCUMENTS EVIDENCING COMPLIANCE WITH THE CITY
CHARTER'S EXISTING REQUIREMENT THAT CANDIDATES RESIDE IN CITY
FOR AT LEAST ONE YEAR PRIOR TO QUALIFYING FOR OFFICE.
Pursuant to the request of City Commissioner Mark Samuelian, the attached Resolution has been
prepared calling for a City of Miami Beach Special Election to be held on August 23, 2022 for the
purpose of submitting to the City's voters the following ballot question:
Charter Section 6.03:
Creating Additional Qualification Requirement for City Commission Candidates:
Proof of Residency Documents.
Shall Charter Section 6.03 regarding"qualifying"for City elected office, be amended to
create an additional qualifying requirement that candidates submit one (1) or more
proof of residency documents upon which candidates rely to evidence their
compliance with the Charter's existing requirement that candidates reside in the City
for at least one year prior to qualifying for office?
By way of background, City Charter Section 6.03 requires that a candidate for election to the City
Commission be a resident of the City for at least 1 year prior to qualifying for office, and file with
the City Clerk during the qualifying period his/her fingerprints and photograph, oath of candidacy,
and payment of qualifying fee.'
During the City's 2021 General Election season, Commissioner Samuelian was informed by
several City residents of their beliefs that certain candidates had not resided in the City for the
required-one year period—this concern was confirmed with regard to one such candidate who
was disqualified/deemed ineligible by a Judge in the Eleventh Judicial Circuit Court for not having
satisfied the subject one-year residency requirement.
' Fee applicable unless qualifying by petition.
Page 1210 of 1451
Commission Memorandum
May 4, 2022
Page 2
Recognizing the significance of transparency to a healthy democracy, and for purposes of
fostering the integrity of our municipal elections, Commissioner Samuelian is thus proposing
presentation to the City's voters of an amendment to Charter Section 6.03 to create an additional
qualification requirement whereby qualifying candidates must file 1 or more documents
evidencing their compliance with the Charter's one-year residency requirement.2 Commissioner
Samuelian believes that by providing City residents and the public in general with greater
opportunity to review and assess a City Commission candidate's compliance with the Charter's -
residency requirement, enhanced voter confidence and trust in the election process will be
achieved.
Pursuant to Commissioner Samuelian's request, as City Attorney I have studied the subject
proposal, and have opined that requiring all qualifying candidates to submit evidence of
compliance with the City's existing residency requirement in order to enhance the voters' ability
to evaluate those who seek City office, comports with legal dictates as it is both reasonable and
nondiscriminatory, and justified by' the City's important governmental interest of fostering
transparency, fundamental to the integrity of our electoral system, and further warranted by
related relevant and legitimate governmental interests sufficiently weighty to justify it.
The County's deadline for City Commission adoption of a Resolution placing a matter on the
August 23, 2022 CMB Special Election ballot is May 27, 2022. Accordingly, it should further be
noted that other than the Commission's May 25, 2022 Presentation and Awards meeting, the May
4, 2022 City Commission meeting is the last regularly-scheduled meeting of the City Commission
at which a Resolution may be adopted placing a ballot question on the City's August 23, 2022
Special Election ballot.
FISCAL IMPACT STATEMENT
The Miami-Dade County Elections Department has provided the City Clerk with an estimate of
approximately$28,499.90 (Cost Estimate for One Page Ballot)and $56,449.80 (Cost Estimate in •
the Scenario Multiple Questions Triggers an Additional Page) to conduct the August 23, 2022
Special Election, which includes the costs associated with 14 days of Early Voting. (See
Department of Election Estimates). Additionally, the City will incur approximately $42,000 in
legally mandated advertisements, required by the Florida Statutes and the City Code, to notice
this Special Election.
•
Amount(s)/Account(s):
$28,499.90—Estimate 1-page ballot (Scenario 1)
$56,449.80—Estimate 2-page ballot (Scenario 2)
$42,000.00—Legally Mandated Advertisements
Maximum Estimated Amount: $98,449.80
Account: 011-9322-000312-90-400-592-00-00-00
RAP/JO/ag
•
2 As with all qualification requirements, given the City Clerk's ministerial role in the processing of
qualifying papers, any challenge to a candidate's compliance with Section 6.03's residency
requirement and his/her eligibility to run for City office, remain subject to a legal challenge initiated
by a private party in a Court of law.
Page 1211 of 1451
ESTIMATE
City of Miami Beach -Piggyback Election -August 23, 2022
Rafael E.Granado,City Clerk Estimate N°: MBEACH-PB-082322
City of Miami Beach Estimate Date: December 16,2021
1700 Convention Center Dr.,#200
Miami Beach,FL 33139
Registered Voters: 50,498 Early Voting Days: 0
Precincts: 25 Early Voting Sites: 0
Polling Places: -
Permanent Absentee Ballots: 15,218
Personnel $
Salaries&Fringe Benefits,Overtime,Poll Workers
Polling Places
Security,Polling Place Rentals
Supplies and Services
•Election Supplies,Communication Charges,Absentee Ballots Set Up
Trucks and Vehicles
Truck Rentals,GSA Vehicles
Printing and Advertising 25,249.00
Absentee,Early Voting&Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads
Postage •
Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters `
Ballot Creation 660.00
fn-House&Outside Contractual Services,Translations-Based on one question
Administrative Overhead 2,590.90
Indirect Costs,Logic&Accuracy,Post-Election Audits
'TOTAL g 28 499.90
Please note these costs are estimates and are subject to change. This estimate
does include the cost of ballot printing; however, if your question(s)/race(s)
creates an additional ballot page, the cost will be adjusted accordingly.
For more information,you may contact:
Jose J.Ponce
Deputy Supervisor of Elections
Miami-Dade Elections Department
2700 NW 87 Avenue
Miami,Florida 33172
Office:305-499-8320 E-mail:jose.ponce@miamidade.gov
Page 1212 of 1451
ESTIMATE
City of Miami Beach -Piggyback Election -August 23, 2022 w/additional page
Rafael E.Granado,City Clerk Estimate N°: MBEACH(2)-PB.082322
City of Miami Beach Estimate Date: December 16,2021
1700 Convention Center Dr.,#200
Miami Beach, FL 33139
Registered Voters: 50,498 Early Voting Days: 0
Precincts: - Early Voting Sites: 0
Polling Places: -
Permanent Absentee Ballots: 15,218
Personnel $ -
Salaries&Fringe Benefits,Overtime,Poll Workers
Polling Places -
Security,Polling Place Rentals
Supplies and Services -
Election Supplies,Communication Charges,Absentee Ballots Set Up
Trucks and Vehicles -
Truck Rentals,GSA Vehicles
Printing and Advertising 50,498.00
Absentee,Early Voting 8 Precinct Ballots,Temporary Polling Place Change Notices,Newspaper Ads
Postage -
Absentee Ballots Sent and Business Reply,Temporary Polling Place Change Notices,Letters
Ballot Creation 820.00
In-House&Outside Contractual Services,Translations-Based on one question
Administrative Overhead 5,131.80
Indirect Costs,Logic&Accuracy,Post-Election Audits
*TOTAL 56,449,80
•Please note these costs are estimates and are subject to change. This estimate
does include the cost of ballot printing; however, if your question(s)/race(s)
creates an additional ballot page, the cost will be adjusted accordingly.
For more information,you may contact:
Jose J.Ponce
Deputy Supervisor of Elections
Miami-bade Elections Department
2700 NW 87 Avenue
Miami,Florida 33172
Office:305499-8320 E-mail:jose.ponce@miamidade.gov
Page 1213 of 1451