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Resolution 8860 RESOLUTION NO. 8860 BE IT RESOLVED by the City Council of the City of Miami Beach, Florida, that it is deemed to be to the best interest of said City to secure the passage, at the 1955 Session of the State Legislature, of a Bill entitled: "AN ACT AMENDING SECTION 39 OF CHAPTER 7672, LAWS OF FLORIDA, ACTS OF 1917, ENTITLED 'AN ACT TO ABOLISH THE PRESENT MUNICIPAL GOVERN- MENT OF THE TOWN OF MIAMI BEACH, IN THE COUNTY OF DADE AND STATE OF FLORIDA, AND TO ESTABLISH, ORGANIZE AND INCORPORATE A CITY GOVERNMENT FOR THE CITY OF MIAMI BEACH, TO DEFINE ITS TERRITOR- IAL BOUNDARIES, TO PRESCRIBE ITS JURISDICTION, POWERS AND PRIVILEGES, AND FOR THE EXERCISE OF SAME AND TO AUTHORIZE THE IMPOSITION OF PENAL- TIES FOR THE VIOLATION OF ITS ORDINANCES' ; SO AS TO PROVIDE FOR ABSENTEE VOTING BY QUALIFIED ELECTORS SERVING IN THE ARMED FORCES OF THE UNITED STATES. " BE IT FURTHER RESOLVED that copies of this Resolu- tion and of said Bill be furnished to the Honorable R. B. Gautier, the Honorable George S. Okell, the Honorable W. C . Herrell and the Honorable John B. Orr, Jr . , Members of the Florida Legislature from Dade County, and that they each be respectfully requested to see that said Bill be introduced and passed at said Session. PASSED and ADOPTED this 9th day of March A.D. 1955. _ ayor Attest : C. o linson City Clerk By nyv pu C yr er OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA A BILL TO BE ENTITLED AN ACT AMENDING SECTION 39 OF CHAPTER 7672, LAWS OF FLORIDA, ACTS OF 1917, ENTITLED AN ACT TO ABOLISH THE PRESENT MUNICIPAL GOVERN- MENT OF THE TOWN OF MIAMI BEACH, IN THE COUNTY OF DADE AND STATE OF FLORIDA, AND TO ESTABLISH, ORGANIZE AND INCORPORATE A CITY GOVERNMENT FOR THE CITY OF MIAMI BEACH, TO DEFINE ITS TERRITOR- IAL BOUNDARIES, TO PRESCRIBE ITS JURISDICTION, POWERS AND PRIVILEGES, AND FOR THE EXERCISE OF SAME AND TO AUTHORI7E THE IMPOSITION OF PENAL- TIES FOR THE VIOLATION OF ITS ORDINANCES"; SO AS TO PROVIDE FOR ABSENTEE VOTING BY QUALIFIED ELECTORS SERVING IN THE ARMED FORCES OF THE UNITED STATES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: SECTION 1. That Section 39 of Chapter 7672, Laws of Florida, Acts of 1917, be and the same is hereby amended to read as follows: "SECTION 39. Any person who shall possess the qualifications requisite to an elector at general state elections and shall have resided in the City six (6) months next preceding the City election, at which he offers to vote and shall have been registered in the City registration books that shall be prescribed by ordinance, shall be a qualified elector of the City; and all City elections held in the City of Miami Beach shall be conducted and held in accordance with the pro- visions of the election law of the State of Florida, except where in conflict with the provisions of this Act, but the City Council shall be substituted for the County Commissioners. Any qualified elector of the City of Miami Beach, Dade County, Florida, who expects to be absent from Dade County on the day of any municipal election hereafter held in the City of Miami Beach, may apply in person to the City Clerk of Miami Beach for an OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA official ballot to be used at his voting precinct at such election, and the City Clerk shall furnish one (1) such official ballot to each elector so applying there- for at any time not more than fifteen (15) days, nor less than three (3) days next prior to the day of such election, upon satisfactory proof to the City Clerk that the applicant tt,erefor is qualified to vote at such elect- ion, and upon such elector taking and subscribing to the following oath or affidavit which is to be printed upon the front of large envelopes to be furnished the City Clerk for that purpose, to IMSt s STATE OF FLORIDA SS COUNTY OF DADE I, the undersized, do hereby solemnly swear that I have resided in the State of Florida for one: (1) year, and in the City of Miami Beach for six (6) months, that I am a duly qualified voter in Precinct No. of said municipality; that I am a citizen of the United States and a qua- lified elector under the laws of the State of Flo- rida; that I expect and intend to be absent from Dade County during the entire period the polls are open for voting on the day of the election to be held in Miami Beach, Florida on the day of , A.D. 195 , and cannot, without manifest inconvenience, vote thereat in person, and will not attempt to do so. Erector Sworn to and subscribed before me, this day of , A.D. 195 -V- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA Such oath or affidavit shall be taken and signed before the City Clerk and the City Clerk is hereby authorized to administer such oaths . said elector shall then and there and at the time of receiving such ballot, mark the same as required by law in such cases, and after folding the same, shall securely seal such ballot in a plain envelope, to be furnished him by the City Clerk, which said ballot so sealed in a plain envelope *hall then and there in the presence of the City Clerk be sealed in the envelope In which is contained the oath or affidavit so taken and subscribed by him as herein provided, and upon the back and across the flap of which shall be written or printed the following: "The ballot of an absent voter of Precinct No. of Miami Beach, Florida" with the blanks pro- perly filled in and signed across the flap by both such elector and City Clerk in the pre- sence of each other. Said ballot so marked and sealed shall thereafter be deposited with and received by the City Clerk who shall officially keep and preserve the same in his pos- session until such time as the official ballot box for the voting precinct of such elector is prepared, when the same shall be deposited in such ballot box for the voting pre- cinct, together with the other contents thereof as required by law. Upon opening the ballot box preparatory to opening the polls at such election, the Inspectors and Clerks for such election for the several precincts shall take from the several ballot boxes all such ballots so voted by ab- sent voters, and if, and only when, it is found upon an examination of the registration books and poll lists fur- nished such Inspectors or other sufficient evidence, that OFFICE OF CITY ATTORNEY - CITX34ALL - MIAMI BEACH 39, FLORIDA such elector is qualified to vote at such election, then the said Inspectors shall, after the said ballot box has been closed and locked for the purpose of voting, there- upon break the seal of the outer envelope containing said vote and deposit said ballot in the said ballot box, but leaving such ballot sealed in the blank en- velope to be opened and counted by such Inspectors in canvassing and counting all of the votes cast at such election. The outer envelope containing the affidavit or oath herein provided for shall be carefully preserved by such Inspectors and delivered by them to the City Council acting as the Canvassing Board for said elect- ion along with the returns thereof . In case it be found by the Inspectors that such elector, so attempting to vote, is not qualified or entitled to vote at such election, thsu, sad in such event, the said ballot shall not be deposited in said ballot box, but shall be left in the outer envelope and by them delivered to the Can- vassing Board, along with their returns of the election, and also with the notation on said envelope of their reasons for not depositing said ballot in the ballot box; provided, that no elector shall be allowed to vote +.nder the provisions hereof later than three (3) days immediately preceding the day on which election is held, and provided further that all ballots so voted shall be secret. ir*y qualified elector of the City of Miami Beach, Dade County, Florida, who is serving in the armed forces of the United States and who will be absent from Dade County, Florida, on the day of any municipal election hereafter held in the City of Miami Beach may make application either in person, or by mail, to the City Clerk, upon an application form to be fur- nished by the City Clerk, for the official ballot to be voted at such election. The application form shall OFFICE OF CITY ATTORNEY - CITYTRALL - MIAMI BEACH 39, FLORIDA be delivered immediately, in person, or by mail, to the absent elector. The application form shall be sub- stantially as follows, and shall be signed and acknow- ledged by the applicant as herein required. APPLICATION FOR ABSENT ELECTOR'S BALLOT BY MEMBER OF ARMED ?FORCES I, duly qualified and registered as an elector of the Precinct of the City of Mani Beach, Dade County, Florida, do here- by request an absentee ballot to vote in the election to be held in the City of Miami Beach, Florida on the day of A.D. 195 For_ years preceding the above elect- ion, my home (not military) residence has been (Street and number) Miami Beach, Florida. I am serving in the erred forces of the United States and will be absent from Dade County, Florida during the entire period the polls arc open for voting on the day of elect- ion and will be unable to vote in person. I hereby make application for an official ballot to be voted by me at the election to be held in Miami Beach, Florida on the day of , 19 Mail Absent Elector's Ballot to me at IN WITNESS WHEREOF, I have hereunto set i hand this the day of , 19 . Elector Signed in Presence of: 046E4PRIke XTT T=SGITY HALL MIAMI BEACH 39, FLORIDA Address Signature of' Ultness Address Sworn to and subscribed before me on the day of , 19 oam ss o = or arran i oer, on- commissioned officer not below the rank of Sergeant or petty officer or other person duly authorized to administer and attest this oath, writes his name, rank and title here) Upon receipt of such completed appli- cation, the City Clerk shall file the same In his office and enter the name and address of the applicant to which the ballot is to be sent, upon a list to be kept by the City Clerk for that purpose, and for the purpose of re- cording the date of receiving the application, the date of mailing or delivering the ballot to the elector and the date of receiving the ballot from the elector. Upon receipt of ouch completed appli- cation, upon satisfactory proof to the City Clerk that the applicant is qualified to vote at ouch election, the City Clerk shall deliver to each elector so applying in person or by registered mail the :+:ollowing: (1) One (1) eff'icial ballot . (2) An Elector's Certificate in sisb- stantially the following form: ELECTOR'S CERTIFICATE 1' do solemnly swear, or affirm, that I have re- sided in the State of Florida for one (1) year, OFFICE OF CITY ATTORNEY - CITifU+ALL - MIAMI BEACH 39, FLORIDA and in the City of Miami Beach for six (6) months, that I am a duly qualified voter in Precinct No. of said municipality, that I am a citizen of the United States and a qualified elector under the laws of the State of Florida, that I am a member of the armed forces of the United States, that I expect and intend, by reason of my service in the armed forces, to be absent from Dade County during the entire period the polls are open for voting on the day of the elect- ion to be held in Miami Beach, Florida, on the day of , A.D. 19 , and cannot vote thereat in person, and will not attempt to do so. 1 lector Signed in Presence of: (.nature of- Titness) ess (Signature of Witness ) Kddre s s) Sworn to and subscribed before me on the day of , 19 . (Commrss1oned or warrant officer, Non- commissioned officer not below the rank of Sergeant or Petty Officer or other person duly authorized to administer and attest this oath, writes his name, rank and title here) . (3) A plain white envelope into which such absent elector shall enclose and seal his marked ballot.. 7 OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA (4) A second envelope bearing the address of the City Clerk and a conspicuously printed designation as follows: "Absentee Ballot of Military or Naval Personnel", and upon the back and across the flap of which shall be printed the following" "The ballot of an absent elector of Precinct No. of Miami Beach, Florida, serving in the armed forces of the United States. f s1gnature of ETec'tor) signature oT =leer taking acknowledgment of elector to Elector's Certificate)" Such blanks shall be properly filled in by such elector and such officer. (5) Separate printed instructions, contain- ing substantially the following language: "INSTRUCTIONS TO ABSENT ELECTORS Upon receipt of the enclosed ballot you will . 3 mark the same according to the instructions there- f , 'fi 4 h* -, v{, , . on. Place the marked ballot only in the enclosed plain white envelope and securely se same. `' ,41.4,„ --.A.,, , rt.( °(-"* Place the sealed plain white envelo Ato the Second � envelope addressed to the City Clerk of Miami Beach, Florida. Fill out the "Elector's Certificate", en • - closed herewith, sign the same, and have your sig- nature witnessed by two attesting witnesses and acknowledge your signature before any 3r the author- ized officers designated on said "Elector's Certi- ficate" and place the signed and acknowledged "Elect- or's Certificate" in the same envelope in which you love placed the plain white envelope containing your OFFICE OF CITY ATTORNEY - CITY Ij9J, - MIAMI BEACH 39, FLORIDA ballot. Seal the second envelope and fill in the blanks on the reverse side of the second envelope before the officer who took your acknowledgment on the "Elector's Certi- ficate", who will then also sign on the place designated for his signature. Mail the envelope to the City Clerk of Miami Beach, Florida, so that your ballot will reach him not later than five o'clock in the afternoon of the day preceding the election. pity clerk Upon receipt of said envelope, the City Clerk shall officially keep and preserve the same in his possession until such time as the official ballot box for the voting precinct of such elector is prepared, when the same shall be deposited by the City Clerk in such ballot box for the voting precinct, together with the other contents thereof as required by law. Upon opening the ballot box preparatory to opening the polls at such election, the Inspectors and Clerks for such election for the several precincts shall take from the several ballot boxes all such ballots so voted by such absent voters, and if, and only when, it is found upon an examination of the registration books and poll lists furnished such In- spectors or other sufficient evidence, that such elector is qualified to vote at such election, then the said In- spectors shall, after the said ballot box has been closed and locked for the purpose of voting, thereupon break the seal of the outer envelope bearing the signature of such absent voter and of the officer taking the acknowledgment of said signature as herein provided for and deposit said ballot in the said ballot box, but leaving such ballot -9- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA sealed in the blank envelope to be opened and counted by such Inspectors in canvassing and counting all of the votes cast at si.ch election. The outer envelope bearing the sig . nature of suchabsent voter and of the oaf -Neer taking the acknoWiedgMent of said signature as herein provided for obeli be oarefullY preserored by Such Inspectors and de livered by them to the City Council acting as the Canvas sing Board for said election along with the returns there- , of. here-- of. In case it be found by the Inspectors that such elect or, so attempting to vote, is not qualified or entitled to vote at such election then, and in such event, the said ballot shall not be deposited in said ballot box, but shall be left in the crater envelope and by them delivered to the Canvassing Board, along with their returns of the election, and also with the notation on said envelope of their reasons for not depositing said ballot in the ballot box; provided, however, that all absent elector's ballots of military per sonnell must be received by the City Clerk by five o 'clock in the afternoon of the day preceding the election, and all such ballots received hereafter shall be marked with the time and date of receipt, and filed in the office of the City Clerk. Any affidavit made by an absent elect- or who is i.n the armed forces of the United States may be executed before a Commissloned Officer, Warrant Or :icer, or Non-commissioned Officer not below the rank of Sergeant or Petty Officer; or other person otherwise duly authorized to administer and attest oaths. No application i`or any absent elector's ballot shall be accepted and no such ballot shall be deliver-- ed except as provided in this section. SECTION 2. In the event any portion of this Act shall be found by a Court of competent jurisdiction to be invalid or an constitutional, the remaining portions thereof shall continue in -1u- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA full force and effect as though such invalid portions thereof had never been included herein. SECTION 3. That all laws and parts of laws, general :end special, in conflict with the provisions of this Act be and the same are hereby repealed. SECTION 4. 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