2012-27934 Reso RESOLUTION NO. 2012-27934
A RESOLUTION CALLING FOR A NOVEMBER 6, 2012 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER MIAMI BEACH CITY CHARTER SECTION 6.03 SHOULD BE
AMENDED TO REQUIRE A WAIVER OF THE CITY QUALIFYING FEE IN
THE EVENT THAT THE COUNTY SUPERVISOR OF ELECTIONS DOES
NOT VERIFY A CANDIDATE FOR OFFICE'S QUALIFYING PETITION BY
5:00 PM ON THE SECOND DAY OF THE FOUR DAY QUALIFYING
PERIOD.
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,November 6, 2012, for the
purpose of submitting to the electorate the question as setforth 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 in which the official registration books show that the said
electors reside.
SECTION 4.
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 mayobtain
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. 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 Office.
All questions concerning voter registration should be directed to the Miami-Dade County Elections
Office, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305)499-VOTE (8683).
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication
shall be made in accordance with the provisions of§150.031 and §100.342, Florida Statutes, and
Section 38-3 of the Code of the City of Miami Beach
SECTION 6.
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 6th DAY OF NOVEMBER, 2012, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
WAIVER OF CITY QUALIFYING FEE WHERE COUNTY ELECTIONS
SUPERVISOR DOES NOT TIMELY VERIFY CANDIDATE'S QUALIFYING
PETITION.
SHALL CHARTER SECTION 6.03 BE AMENDED TO REQUIRE A WAIVER
OF THE CITY'S QUALIFYING FEE IN THE EVENT THAT THE COUNTY
SUPERVISOR OF ELECTIONS DOES NOT VERIFY A CANDIDATE FOR
OFFICE'S QUALIFYING PETITION BY 5:00 PM ON THE SECOND DAY
OF THE FOUR DAY QUALIFYING PERIOD?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on November 6, 2012,
hereby called, shall be in substantially the following form, towit:
2
"OFFICIAL BALLOT'
WAIVER OF CITY QUALIFYING FEE WHERE COUNTY ELECTIONS
SUPERVISOR DOES NOT TIMELY VERIFY CANDIDATE'S QUALIFYING
PETITION.
SHALL CHARTER SECTION 6.03 BE AMENDED TO REQUIRE A WAIVER
OF THE CITY'S QUALIFYING FEE IN THE EVENT THAT THE COUNTY
SUPERVISOR OF ELECTIONS DOES NOT VERIFY A CANDIDATE FOR
OFFICE'S QUALIFYING PETITION BY 5:00 PM ON THE SECOND DAY
OF THE FOUR DAY QUALIFYING PERIOD?
YES
NO
SECTION 8.
That the absentee voters participating 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 absentee
voting.
SECTION 9.
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 10.
If any section, sentence, clause or phrase of the proposed ballot measure 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 ballot measure.
SECTION 11.
This Resolution shall be effective(immediately upon its passage.
PASSED and ADOPTED this C r 4 day ofa"'f 2012.
ATTEST:
ATT HERRERA BOWER, MAYOR
B�,9
RAFAEL E. GRANADO, CITY t�
(Requested by Commissione nfih APPROVED AS TO
F:WTMAGURTLECTIONSTlection Ballot Qu io'WGh��tg(�a# �y R�TM..Fe*S and Ballot Question 522-12).doFORM &LANGUAGE
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PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 6, 2012 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
WAIVER OF CITY QUALIFYING FEE WHERE COUNTY ELECTIONS
SUPERVISOR DOES NOT TIMELY VERIFY CANDIDATE'S
QUALIFYING PETITION.
SHALL CHARTER SECTION 6.03 BE AMENDED TO REQUIRE A
WAIVER OF THE CITY'S QUALIFYING FEE IN THE EVENT THAT THE
COUNTY SUPERVISOR OF ELECTIONS DOES NOT VERIFY A
CANDIDATE FOR OFFICE'S QUALIFYING PETITION BY 5:00 PM ON
THE SECOND DAY OF THE FOUR DAY QUALIFYING PERIOD?
YES
NO
II. PROPOSED CHARTER TEXT:
Sec. 6.03. Qualifying.
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. In the event that the Miami-
Dade County Supervisor of Elections has not verified the petition of a candidate, which petition
contains the required signatures and was timely filed pursuant to this Section 6.03, by 5:00 p.m.
on the second day of the four (4) consecutive days immediately following the first Monday of
September prior to said general election, then the candidate shall not be required to file the
qualifying fee required in this Section.
FAATTOWGUMELECTIONS\Election Proposed Ballot Question and Text(2012)-Charter Sec.6.03(Second Ballot Question)-(5-
22-12).doc