2009-27248 ResoRESOLUTION NO. 2009-27248
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, CALLING FOR ARUN-OFF ELECTION TO BE
HELD ON NOVEMBER 17, 2009 IN THE CITY OF MIAMI
BEACH FOR THE PURPOSE OF ELECTING A CITY
COMMISSIONER IN "GROUP II AND ELECTING A CITY
COMMISSIONER IN GROUP III (NAME OF CANDIDATE
OPPOSING CANDIDATE MICHAEL GONGORA IN RUN-
OFF FOR COMMISSION GROUP III CONTINGENT UPON
RESULTS OF NOVEMBER 6, 2009 AUTOMATIC
RECOUNT); PROVIDING FOR CONDUCT OF SAME BY
THE MIAMI-DADE COUNTY ELECTIONS DIVISION;
PROVIDING THAT VOTING PRECINCTS SHALL BE
THOSE AS ESTABLISHED BY MIAMI-DADE COUNTY;
PROVIDING FOR NOTICE OF ELECTIONS; PROVIDING
FOR THE FORM OF BALLOT; PROVIDING FOR
ABSENTEE BALLOTING AND REGISTRATION OF
VOTERS IN ACCORDANCE WITH STATE LAW;
PROVIDING FOR PAYMENT FOR CONDUCTING
ELECTION TO MIAMI-DADE COUNTY.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1
In accordance with provisions of the Charter of the City of Miami Beach, Florida, aRun-Off
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 November 17, 2009 for the purpose of electing a City Commissioner in
Group II and a City Commissioner in Group III who shall hold office for the term as provided by
law.
SECTION 2
That the appropriate and proper Miami-Dade County election officials shall conduct the said
Run-Off Election hereby called, except for acceptance of the certification of the results of said
Run-Off Election, which duty shall 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 on the night of said Run-Off Election.
SECTION 3
That the said voting precincts in the City of said Run-Off Election shall be 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. Registration of persons desiring to vote in said Run-Off Election shall be in
accordance with the general law of the State governing voter registration.
SECTION 4
Notice of said Run-Off Election shall be given by publication in the Miami Herald, a newspaper
of general circulation in Miami Beach, Miami-Dade County, Florida.
SECTION 5
The notice of election shall be substantially in the following form:
"THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF RUN-OFF ELECTION
NOTICE IS HEREBY GIVEN that aRun-Off Election has been called by the
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 17th day of November, 2009, for the
purpose of electing a City Commissioner in Group II and a City Commissioner in
Group III who shall hold office for the term as provided by law."
Said Notice shall further set forth the several polling places in the election precincts as
referenced in Section 3 above, and shall further set forth pertinent information regazding
eligibility of electors to participate in said election.
SECTION 6
That the official ballot to be used in the Run-Off Election to be held on November 17, 2009,
hereby called, shall be in substantially the following form, to wit:
2
"OFFICIAL BALLOT"
RUN-OFF ELECTION
FOR
ELECTING A COMMISSIONER GROUP II and A COMMISSIONER IN GROUP III
OF THE
CITY OF MIAMI BEACH, FLORIDA
ON NOVEMBER 17, 2009
FOR CITY COMMISSIONER GROUP II
Jorge Exposito
Maria Mayer
FOR CITY COMMISSIONER GROUP III
Michael Gongora
(name)
The City Clerk shall prepare the ballot so that the names of Run-off candidates will appeaz on
said ballot in alphabetical order according to surname; provided, however, that said ballot and its
prepazation shall be such as to permit compliance with the Laws of the State of Florida with
respect to the use of an electronic voting system.
SECTION 7
That the absentee voters participating in said Run-Off Election shall be entitled to cast their
ballots in accordance with the provisions of the Laws of the State of Florida with respect the
' Name of candidate opposing candidate Michael Gongora in Run-Off Election for Commission Group III is
contingent upon results of November 6, 2009 automatic recount.
3
absentee voting.
SECTION 8
That the City of Miami Beach shall pay all expenses for conducting this Run-Off 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 9
This Resolution shall be effective immediately upon passage.
PASSED and ADOPTED this 4th day of November, 2009.
I /
ATTEST: M OR
Matti Herrera Bower
~~
C CLERK
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
°' { - Y 9
F:~atto\OWI~ELECTIOMRESOUtUN OFF- NOV 2009.doc C orney ~
ALTERNATIVE "B"
m- MIAMIBEACH
OFFICE OF THE CIN ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JORGE GONZALEZ
FROM: JOSE SMITH +r
CITY ATTO Y
DATE: NOVEMBER4~2009
SUBJECT: CITY OF MIAMI BEACH GENERAL ELECTION RESULTS AND CALLING
RUN-OFF ELECTION
The attached Resolutions formally adopt the certificate of results of the City of Miami Beach
November 3, 2009 General Election, and call for the City of Miami Beach November 17, 2009 Run-Off
Election, made necessary as a result of no candidate for [Mayor and Commission Group _ ]from the
General Election having received a majority of votes cast. Accordingly, and pursuant to Miami Beach
City Charter Section 2.01, aRun-Off Election shall be called for November 17, 2009 between the two
candidates for [Mayor and Commission Group ]receiving the highest number of votes in the
General Election.
JS/JO/sc
F.\eno\OLU\ELECTIONUtESO\CAO_•MO\CaIiRW-OFF. KOV 2009.dw
Agenda Item ~~C
Date I!'