Ordinance 88-2593 ORDINANCE NO. 88-2593
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 FOR CANDIDATES FOR OFFICE;
GENERAL AND SPECIAL ELECTIONS; POLLING PLACES" SO AS TO
DELETE THEREFROM THE REFERENCE TO ELECTIONS OCCURRING
ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN
NOVEMBER 1969, SUBSTITUTING THEREFORE PROVISIONS THAT
SAID ELECTIONS SHALL BE HELD ON THE FIRST TUESDAY IN
NOVEMBER, 1975, AND DELETING CERTAIN STATEMENTS IN THE
CANDIDATES ' OATH; PROVIDING FOR SEVERABILITY; REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH; 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 Officers; Qualifications for Candidates for
Office; General and Special ,Elections; Polling Places" is hereby
amended to read as follows:
Sec. 40. Elections for city officers; qualifications of
candidates for office; general and special elections;
polling place.
There Niall be held in the Cit of Miami Beach cm the first
Tuesday €e}-�e rtg-the- ice -Marac ay in November, 196-9 1975, and
biennually thereafter, a 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
general election shall be conducted as provided by said Section
8 . The city commission shall cause to be placed on the ballot to
be used in said general election the name of any qualified
elector of the city who, not more than one hundred and thirteen
days nor less than one hundred and nine days prior to said
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 general
election, and shall have taken, signed and subscribed to an oath
or affirmation in writing in which he shall state (1) the title
1
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-er-met-he-+tas
ever- - w-i -t-ed--ef--a--€e€erryt-4.53- (4) 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; and (6r}
(5) that he has paid the qualification fee required by this
section. (-'-)--thalr-iae--krtrs--To-t io-l-e-t-ed--arty-e€-the- l-i -er
}-awe-e€-the-eity-e€Afiami-Beaeh-er-the-State-a€-Retic a,--re�atirtg
te-tlre-eeetierr-er-regetrati-e -e€-el-eet-era--(&)--tltat-lire-ia-rret-a
memter-e --not---c see-ire-sir.rsrt -ice-t-o—cite-pz.ine }glee-- f--aiyY-gre tp
that-eeeke-te-ev-erthrew-tire-ge'errrmertt-er-tire-eerretittttierr-e€-tlhe
Urrited-States-e€-Amer a-
Such oath or affirmation shall be substantially in the following
form:
STATE OF FLORIDA:
SS:
COUNTY OF DADE:
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 sad
city; that his legal residence is Miami
Beach, Dade County, Florida; that-1°re-haa,--Itaa-rtat-(-atri-ke-ettt-the
ii°rapp altr e-wend-err- Tr )--19eerr-eenveced-of--la- rolTy-; that he
is qualified under the ordinances and Charter of said City to
hold such office; and that he has paid the required qualification
fee. that-he-has- rot-v-i-o+et-ed--aly--a€-the-et-el4_i°►etiees--eq-3 -&f
the-eity--o-f--141iailti -Beaeh-or-frf--tore--&tate-o€--'3—oda �°e-1-a-ting-to
the-e4eet4er--o-r--reg s-tratert-e€-Diet s-;-zi3d--that-ire-4-s—rxrt a
memlerer-e€;--ion--does---ettl9aeril&e-te-tie- 4 T4-es- o-f--ate-c reap
that-s eek-ta-av rthrew-the- everrrrttert t-e- -tire-r'stray?-t t ars-s€-tYre
Urritecl-States-a€-Ameriea-
Signature of Candidate
Sworn to and subscribed before me this day of
A D , 19
(Authorized Officer)
2
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.
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 January 16 , 1988 .
PASSED and ADOPTED on this 6th day of January ,
1988 .
4000001, X 401: ,
ATTEST: MAY'
-le t
clk g,,,,e...„,
CITY CLERK
1st Reading - December 23, 1987
JKO/rg 2nd Reading - January 6, 1988
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