Resolution 2012-28074 RESOLUTION NO. 2012-28074
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING FLORIDA'S GOVERNOR AND STATE
LEGISLATURE TO AMEND THE FLORIDA ELECTION
CODE SO AS TO REESTABLISH THE DURATION OF
EARLY VOTING TO THE 14 DAYS PRIOR TO AN
ELECTION (INCLUDING THE SUNDAY IMMEDIATELY
PRIOR TO EACH ELECTION) FOR A MINIMUM TOTAL
OF 96 EARLY VOTING HOURS TO BE PRORATED
UNIFORMLY AMONG EACH OF THE EARLY VOTING
DAYS, AS WELL AS URGING THE PRESIDENT OF THE
UNITED STATES, THE MAJORITY AND MINORITY
LEADERS OF THE UNITED STATES SENATE, AND THE
SPEAKER AND MINORITY LEADER OF THE UNITED
STATES HOUSE OF REPRESENTATIVES TO SUPPORT
FEDERAL LEGISLATION PROVIDING FOR NATIONAL
UNIFORMITY REGARDING EARLY VOTING DAYS AND
HOURS CONSISTING OF A MINIMUM OF 14 DAYS
PRIOR TO ELECTION DATES (INCLUDING THE SUNDAY
IMMEDIATELY PRIOR TO EACH ELECTION).
WHEREAS, in response to the much-publicized problems associated with the
Early Voting process in the November 6, 2012 election, the Mayor and City
Commission of the City of Miami Beach hereby express the following, reflecting their
continued commitment to ensuring each citizen's constitutional right to vote, including
meaningful access to voting, as guaranteed by the Voting Rights Act of 19651, the
National Voter Registration Act of 1993, and the Help America Vote Act of 2002; and
WHEREAS, providing citizens with alternative opportunities to vote, such as
allowing them to vote during an Early Voting period in advance of Election Day,
ensures meaningful access to voting by accommodating an increased number of
potential voters and benefits all, especially individuals with inflexible family,
employment, and life obligations; and
WHEREAS, the 2011 amendments to Florida's Early Voting law have negatively
impacted voter access by limiting opportunities for Early Voting in Florida to a
maximum-of 8 days (instead of the preexisting 14 day maximum), and eliminating 2
weekend days including the Sunday before Election Day, a day when high percentages
of minority voters headed to the polls in 20082. Furthermore, rather than providing for
' Congress has reauthorized the Voting Rights Act of 1965 five times, most recently in
2006, recognizing the need for continued enforcement against State voting practices that
discriminate against or disenfranchise vulnerable citizens.
2 On August 16, 2012, the United States District Court for the District of Columbia
found that minority voters disproportionately rely on early voting, and that minority voters
State-wide uniformity with regard to Early Voting hours, the 2011 amendments
authorized each of the 67 County Supervisors of Elections the discretion to determine
for their respective County the number of hours (between 48 and 96) for early voting
sites; and
WHEREAS, voters in Florida, and particularly in Miami-Dade County, seeking to
cast ballots for the November 6, 2012 ballot during the Early Voting period experienced
long lines, characterized by the Miami Herald as "grinding delays" in voting; and
WHEREAS, Miami-Dade County Mayor Carlos Gimenez has called the long
voting lines "inexcusable" and has stated his intention to request Miami-Dade County
Elections Supervisor Penelope Townsley for a detailed report, convene a task force to
examine election-related problems, press Florida Governor Rick Scott and lawmakers
to extend early voting days and sites, as well as seek to double or triple the number of
early voting sites; and
WHEREAS, the Mayor and City Commission further recognize the critical need
for Governor Scott and the State Legislature to enact legislation restoring a State-
wide Early Voting period of 14 days, including the Sunday immediately preceding
Election Day, with a uniform total amount of at least 96 hours devoted to Early Voting
to be prorated uniformly among each of the Early Voting days; and
WHEREAS, in addition to curative legislation on the State level, the Mayor and
City Commission further recognize that in order to ensure all United States citizens
their fundamental rights to vote, the need exists for Federal legislation ensuring
national uniformity regarding Early Voting days and hours consisting of a minimum of
14 days prior to election dates (including the Sunday immediately prior to each
election).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Florida's Governor
and Legislature are hereby urged to amend the Florida Election Code to reestablish the
period of Early Voting to the 14 days prior to an election (including the Sunday
immediately prior to each election) for a minimum total of 96 hours devoted to Early
Voting to be prorated uniformly among each of the Early Voting days; and the President
of the United States, the Majority and Minority leaders of the United States Senate, and
the Speaker and Minority Leader of the United States House of Representatives are
further urged to support Federal legislation providing for national uniformity regarding
Early Voting days and hours consisting of a minimum of 14 days prior to election dates
(including the Sunday immediately prior to each election).
therefore would be disproportionately affected by the changes in Florida's Early Voting
procedures and thus would have a negative effect on voters in certain Counties. The Court
continued to hold that Florida would however "likely" satisfy its burden of demonstrating
compliance with Federal voting laws if early voting took place for the maximum 96 hours
authorized by the legislative amendments, and did so on a standard 7 a.m. to 7 p.m.
schedule.
BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the City Clerk is hereby directed to
transmit a copy of this Resolution to Florida Governor Rick Scott, the Leader of the
Florida House of Representatives and the Leader of the Florida Senate as well as to the
City's Tallahassee lobbyists, and to President Barack Obama, the Majority and Minority
leaders of the United States Senate, the Speaker and Minority Leader of the United
States House of Representatives as well as to the City's Washington D. C. lobbyists.
PASSED and ADOPTED this 14th day of November, 2012.
ATTEST:
MAY-6R MATT HE RERA BOWER
CITY C ERK
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'.INCORP ORP,I EU -
(Sponsored by Vice-Mayor Michael Go
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APPROVED AS TO
FORM&LANGUAGE
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F:WTTO\TURN\RESOS\early voting 2 weeks.docx
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie Brooks, Interim City Man Mr and Jose Smith, City Attorney
FROM: Michael Gongora, Vice Mayor
DATE: November 7, 2012
SUBJECT: Discussion Item for November 14 Commission Meeting
Please place on the November Commission meeting agenda a resolution urging the
State of Florida to restore early voting to two weeks. If you have any questions please
feel free to contact my aide Diana Fontani at ext 6087.
MG/df
Agenda Item P�
Date I NV4