2012-27964 Reso RESOLUTION NO.! 2012 -27964
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING CITY OF MIAMI BEACH RESOLUTION
"NO. 2012 - 27933, AND SUBSTITUTING THIS RESOLUTION THEREFOR
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 THAT A
CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED OFFICE MUST
FILE SAID PETITION, FROM NO LATER THAN THE SECOND DAY OF THE
FOUR -DAY QUALIFYING PERIOD, TO NO LATER THAN NOON OF THE 14
DAY PRIOR TO THE FIRST DAY OF SUCH 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 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.may obtain
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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. 87 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 §50.031 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 6 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 OF FILING PERIOD FOR QUALIFYING PETITIONS
SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME
THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED
OFFICE MUST FILE SAID PETITION, FROM NO LATER THAN THE SECOND
DAY OF THE FOUR -DAY QUALIFYING PERIOD, TO NO LATER THAN NOON
OF THE 14 DAY. PRIOR TO THE FIRST DAY OF SUCH QUALIFYING
PERIOD?
YES
NO
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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, to -wit:
"OFFICIAL BALLOT"
CHANGE OF FILING PERIOD FOR QUALIFYING PETITIONS
SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME
THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED
OFFICE MUST FILE SAID PETITION, FROM NO LATER THAN THE SECOND
DAY OF THE FOUR -DAY QUALIFYING PERIOD, TO NO LATER THAN NOON
OF THE 14 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.
A. This Resolution shall stand as the operative City legislation scheduling the question set
forth hereinabove for placement on the November 6, 2012 City of Miami Beach Special Election
ballot, and shall be effective immediately upon its passage.
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B. City of Miami Beach Resolution No. 2012 - 27933, adopted by the City Commission on
June 6, 2012 for the purpose of scheduling the November 6, 2012 Special Election, is hereby
amended and the terms and provisions in this Resolution are substituted therefor.
PASSED and ADOPTED this 18th day of JulY , 2012.
ATTEST:
r Jorge R. Exposito
Vice -Mayor
RAFA L E. GRANADO, CITY CLERK APPROVED AS TO
FORM & LANGUAGE
(Requested by Commissioner Jonah Wolfson) & FOREXECUTION
it rney Da
ORATED: �
RNTALI- STIONS \Change of Filing Period for Qualifying Petitions.doc
A9„4cH-2�
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PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 6, 2012 SPECIAL ELECTION
1. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
CHANGE OF FILING PERIOD FOR QUALIFYING PETITIONS
SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME
THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED
OFFICE MUST FILE SAID PETITION, FROM NO LATER THAN THE SECOND
DAY OF THE FOUR -DAY QUALIFYING PERIOD, TO NO LATER THAN NOON
OF THE 14 DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING
PERIOD?
ll. PROPOSED CHARTER TEXT:
Charter 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 qualifying and who, 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 Y2 %) of
the annual salary of the office to which he /she seeks election as a qualifying fee and 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 the
noon of the 14 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, 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 via- pet+tibR; (3) his /her legal residence, by street and
number; (4) that he /she is qualified underthe 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.
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MI BEACH
JOSE SMITH, CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
CC: Kathie Brooks, Interim Ciitt M ager
FROM: Jose Smith, City Attorney
DATE: July 18, 2012
SUBJECT: Resolutions Regarding Ballot Questions Concerning Change in Filing
Period for Qualifying Petitions and Waiver of the City's Qualified Fee for
Qualified Petitions
Attached are two Resolutions amending Resolutions No 2012 -27933 and 2012 -27934
passed and adopted at the June 6, 2012 City Commission meeting.
The attached Resolutions amend and are to be substituted for the previously adopted
Resolutions to make certain formatting changes and clarify the questions presented.
JS /DT /mem
F:\ATTO\SIVIMCOMMISSION MEMOS \Resolutions regarding ballot questions amending city charter provisions re change
in filing period and waiver of qualifying fee.docx
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