Ordinance 87-2562 ORDINANCE NO. 87-2562
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION
40 OF THE MIAMI BEACH CITY CHARTER, ENTITLED
"ELECTIONS FOR CITY OFFICERS; QUALIFICATIONS
OF CANDIDATES FOR OFFICE; PRIMARY, GENERAL AND
SPECIAL ELECTIONS; POLLING PLACES" SO AS TO
DELETE THEREFROM REFERENCES TO PRIMARY
ELECTIONS; REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
That Section 40 of the Miami Beach City Charter entitled
"Elections for city officer ; qualifications of candidates for
office; primary, general and special elections; polling places" is
hereby amended to read as follows:
Sec. 40. Elections for city officers; qualifications of
candidates for office; p mafy; general and special
elections; polling places.
There shall be held in the City of Miami Beach on the
first Tuesday following the first Monday in November ,
1969 , and biennially thereafter , a primary general
election, at which all elective officers of the City of
Miami Beach shall be nominated or elected, as provided
in Section 8 of this Charter . The said primary general
election shall be conducted as provided by said Section
87 and the genefai eIeetien shall theeeattef he held as
gee''ided in said Seetien S. The city commission shall
cause to be placed on the ballot to be used in said
pfimary general election the name of any qualified
elector of the city who, not more than forty-five days
nor less than thirty days prior to said peir ary general
election, shall have paid to the city clerk for the City
of Miami Beach a sum equal to seven and one=half percent
of the annual salary of the office to which he 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 not less than ten
days prior to the last day for 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 per cent of the number of
such voters as the same shall be on the date sixty days
prior to the date of the pflmary general election, and
shall have taken, signed and subscribed to an oath or
affirmation in writing in which he shall state (1) the
title of the office for which he is a candidate; (2)
that he is a qualified elector of the City of Miami
Beach, Florida; (3) his legal residence, by street and
number ; (4) whether or not he has ever been convicted of
a felony; (5) that he is qualified under the ordinances
and Charter of the City of Miami Beach, Florida, to hold
the office for which he is a candidate; (6) that he has
paid the qualification fee required by this section; (7)
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that he has not violated any of the ordinances or laws
of the City of Miami Beach or the State of Florida,
relating to the election or registration of electors;
(8) that he is not a member of nor does he subscribe to
the principles of any group that seeks to overthrow the
government or the Constitution of the United States of
America.
Such oath or affirmation shall be substantially in the
following form:
STATE OF FLORIDA:
COUNTY OF DADE: SS. :
Before me, an officer authorized to administer oaths,
personally appeared to me well
known who, being sworn, says that he is a candidate for
the office of the City Commissioner (Group Number
(or Mayor) for the City of Miami Beach, Florida; that he
is a qualified elector of said city; that his legal
residence is Miami Beach, Dade
County, Florida; that he has, has not (strike out the
inapplicable word or words) been convicted of a felony;
that he is qualified under the ordinances and Charter of
said City to hold such office; that he has paid the
required qualification fee; that he has not violated any
of the ordinances or laws of the City of Miami Beach or
of the State of Florida relating to the election or
registration of electors; and that he is not a member
of , nor does he subscribe to the principles of any group
that seeks to overthrow the government or the
Constitution of the United States of America.
Signature of Candidate
Sworn to and subscribed before me this day
of A D 19
(Authorized Officer)
The city commission shall, by ordinance, prescribe the
manner of holding p Oma y; 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.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance 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 this ordinance.
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect ten (10) days after its adoption,
on May 16 , 1987.
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Ord. #87-2562
PASSED and ADOPTED this 6th day of May , 1987.
/ /
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Attest:
Aleil,-;/ >1/ 61,11-./ FORM APPROVED
CITY CLERK
JKO/rg 1st Reading - April 15, 1987 LE AL DEP//
2nd Reading - May 6, 1987By `,J/,
Date "t- .-CP7
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