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2012-27933 Reso RESOLUTION NO. 2012-27933 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 CHANGE THE TIME PERIOD THAT A QUALIFIED ELECTOR OF THE CITY,RESIDING WITHIN THE CITY FOR AT LEAST ONE(1)YEAR PRIOR TO QUALIFYING,HAS TO FILE WITH THE CITY CLERK HIS/HER PETITION FOR QUALIFYING AS A CANDIDATE FOR OFFICE, FROM NO LATER THAN THE SECOND DAY OF THE CONSECUTIVE FOUR (4) DAY PERIOD FOR QUALIFYING AS A CANDIDATE FOR SUCH OFFICE,TO NO LATER THAN NOON OF THE 14TH DAY PRECEDING THE FIRST DAY OF SUCH CONSECUTIVE FOUR (4) 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 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 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 THATA 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: CHANGE IN TIME THAT CANDIDATES FOR OFFICE HAVE TO FILE QUALIFYING PETITIONS WITH CLERK. SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME THAT A CANDIDATE RUNNING FOR CITY OFFICE HAS TO FILE A PETITION WITH THE CITY CLERK QUALIFYING AS A CANDIDATE, FROM NO LATER THAN THE SECOND DAY OF THE FOUR DAY QUALIFYING PERIOD, TO NO LATER THAN NOON OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH 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" CHANGE IN TIME THAT CANDIDATES FOR OFFICE HAVE TO FILE QUALIFYING PETITIONS WITH CLERK. SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME THAT A CANDIDATE RUNNING FOR CITY OFFICE HAS TO FILE A PETITION WITH THE CITY CLERK QUALIFYING AS A CANDIDATE, FROM NO LATER THAN THE SECOND DAY OF THE FOUR DAY QUALIFYING PERIOD, TO NO LATER THAN NOON OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH 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 `U'T* day of JU T''E 2012. ATTEST: 1 HERRERA BOWER, MAYOR RAF EL E. GRANADO, Cl ER INCOR 0R APPROVED AS TO (Requested by Commissione 8h Wo n)ATED. FORM & GUAGE CUTION 01 FAATMAGURTLECTIONSTlection Ballot Questi 26TM" ,s (First Ballot Quest' 522- ).doc / ity A or y } ate 3 + PROPOSED BALLOT TITLE AND BALLOT SUMMARY NOVEMBER 6, 2012-SPECIAL ELECTION 1. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: CHANGE IN TIME THAT CANDIDATES FOR OFFICE HAVE TO FILE QUALIFYING PETITIONS WITH CLERK. SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME THAT A CANDIDATE RUNNING FOR CITY OFFICE HAS TO FILE A PETITION WITH THE CITY CLERK QUALIFYING AS A CANDIDATE, FROM NO LATER THAN THE SECOND DAY OF THE FOUR DAY QUALIFYING PERIOD, TO NO LATER THAN NOON OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING PERIOD? YES NO II. PROPOSED CHARTER TEXT: Sec. 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- a) within the four (4) consecutive days immediately following the first Monday of September prior to said general election, 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 feel and shall have been photographed and fingerprinted by the identification bureau of the Police Department of the City; or b) unless, s6lGh peFSOR shall have filed with the City Clerk Re later than the sesead before noon of the 141h day preceding the first day for qualifying as a candidate for such office, a petition approving his/her candidacy signed by sufficient qualified and registered voters to constitute not less than two percent (2%) of the is 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, which petition shall be transmitted by the City Clerk to the Miami-Dade County Supervisor of Elections and which must be verified by the Supervisor of Elections within the four (4) consecutive days immediately following the first Monday of September prior to said general election; and 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 won; (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 MIAMI-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, Miami-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 or has qualified by petition. Signature of Candidate Sworn to and subscribed before me this day of A.D., 4920 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. F:\ATTO\AGUR\ELECTIONS\Election Proposed Ballot Question and Text(2012)-Charter Sec.6.03(First Ballot Question)-(5-22- 12).doc ® MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: Jorge M. Gonzalez, City Manag FROM: Jonah Wolfson, Commissioner DATE: May 22, 2012 SUBJECT: Agenda Item Please place on the June 6, 2012, Commission Meeting Agenda a discussion item regarding the approval of the following two Resolutions, placing two ballot questions to amend Section 6.03 of the City Charter, for the November 6, 2012, General Election: 1. Resolution No. 1 asks whether Section 6.03 of the Charter should be amended to change the time period that a candidate running for office in the City has within which to file his/her qualifying petition; from the current requirement of no later than the second day of the consecutive four day qualifying period (which commences following the first Monday in September prior to said general election), to no later than noon of the 14th day preceding the first day of the (4 day) qualifying period. 2. Resolution No. 2 asks whether Section 6.03 should be amended to require the City to waive the qualifying fee that the City charges (which is currently a sum equal to 7.5% of the annual salary of the office for which the candidate's running, or $1360 for Mayor and $1020 for Commissioner) in the event that the County Supervisor of Elections does not verify a candidate's petition by 5PM on the second day of the four day qualifying period. If you have any questions, please contact Leonor Hernandez at extension 6437. JW/Ih Agenda Item R L Date