Ordinance 2020-4326 ORDINANCE NO. 2020-4326
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 38
ENTITLED"ELECTIONS",SECTION 38-6 THEREOF ENTITLED"EARLY VOTING",
BY INCREASING THE NUMBER OF EARLY VOTING DAYS FOR CITY RUNOFF
ELECTIONS FROM 2 TO 3 DAYS, WITH SAID EARLY VOTING PERIOD TO OCCUR
ON THE FRIDAY, SATURDAY AND SUNDAY IMMEDIATELY PRECEDING SUCH
RUN-OFF ELECTION; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach are committed
to ensuring each citizen's constitutional right to vote, including meaningful access to voting, as
guaranteed by the Voting Rights Act of 1965,the National Voter Registration Act of 1993, and the
Help America Vote Act of 2002; and
WHEREAS, for our City's democracy to function properly and for government to
provide fair representation, all eligible City residents must have the opportunity to vote and be
encouraged to do so. Our collective self-rule is established and fostered through free, fair,
accessible, and secure elections through which the voice of every eligible resident is heard; and
WHEREAS, providing City electors 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, in recognition of the above, and pursuant to concerns expressed by City
residents, the City Commission hereby acknowledges the need to amend City Code section 38-
6(b)(2)'s Early Voting period for City Runoff elections from 2 days (the Saturday and Sunday
immediately preceding a Runoff election) to 3 days (to include the Friday immediately preceding
Runoff elections); and
WHEREAS, for purposes of conforming this subject Code amendment to related
provisions in Code section 38-6,subsection(b)(3)thereof is also being amended in order to express
that in cases of a stand-alone City Special Election held other than during the City's biennial
November election cycle, for the purpose of filling a vacancy on the Commission, Early Voting
shall be held on the Friday, Saturday and Sunday immediately preceding any such Runoff election;
and
WHEREAS, the Mayor and City Commission believe that amending Code section 38-6
as stated above will serve to further ensure all City of Miami Beach voters their fundamental
rights to vote, and as such encourage voter participation, leading to a more democratic City
government.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI.BEACH AS FOLLOWS:
SECTION 1. That Chapter 38 of the Miami Beach City Code entitled "Elections", Section 38-6
thereof entitled"Early Voting", is hereby amended to read as follows:
Chapter 38–ELECTIONS.1
Sec. 38-6.- Early voting.
(a) Pursuant to F.S. § 101.657(1)(e), (the "Early Voting Statute"), the City of Miami Beach may
provide for early voting in city elections that are not held in conjunction with county or state
elections, with the ability of the city to designate as many early voting sites as necessary and to
conduct its activities in accordance with the provisions of F.S. § 101.657(1)(a)—(c).
(b)If authorized by the city commission per subsection(a)above,early voting shall occur at Miami
Beach City Hall and the North Shore Branch Library in accordance with the following schedule:
(1) General election: Early voting shall commence 15 days immediately preceding the
general election for a total of 14 consecutive days.
(2) Run-off election: Early voting shall occur on the Friday, Saturday and Sunday
immediately preceding any run-off election.
(3)Special election-stand alone (not otherwise held in conjunction with general or runoff
election)2: Early voting shall commence 15 days immediately preceding such special election for
a total of 14 consecutive days. In the event of a special election to fill a vacancy on the City
Commission earl votin: for an resultin_ run-off Election shall occur on the Frida Saturda
and Sunday immediately preceding such run-off election .
(c) The hours of early voting shall be noticed in a newspaper(s) of general circulation within the
City of Miami Beach.
(d) The remaining paragraphs of F.S. § 101.657, exclusive of paragraph (1)(d) thereof, shall
continue to apply to the city's general,run-off and special elections as provided by law.
(e) The city commission may, by resolution, adopted in advance of a general, run-off or special
election that is not held in conjunction with a county or state election per subsection (a) above,
alter the sites and/or schedule of days (and times, when early voting is either not conducted by the
county supervisor of elections, or when the supervisor is conducting the early voting but has not
1 Charter reference—Elections,Art.VI; Initiative and Referendum Elections,Art.VII.
Cross reference—Any ordinance calling elections or prescribing the manner of conducting the election in
accordance with State law saved from repeal, § 1-10(a)(16); Administration, Ch.2; City Commission, § 2
31 et seq.; election signs, § 138-134. State Law reference—Florida Election Code,Fla. Stat. Chs. 97-106.
2 The early voting time period for any special election held in conjunction with a general or run-off election
shall occur in accordance with the respective time periods set forth above in Code section 38-6(b)(1), (2).
exercised the discretion to detellnine the early voting hours) for early voting from that which is
provided above.
(f) The city clerk is hereby authorized to take any action not otherwise inconsistent with state or
county law, which is necessary or expedient to implement early voting in accordance with this
section.
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. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made a part of the Code of the
City of Miami Beach,Florida. The sections of this ordinance may be renumbered or re-lettered to
accomplish such intention, and the word "ordinance" may be changed to "section," "article," or
other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the o�5 day of JQ 4 Ltct ry , 2020.
PASSED and ADOPTED this /S day of JGMW. ry , 2020.
ATTEST:
MAYOR DAN GELBER
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Mayor Dan Gelber, City Commissioner Michael Gongora, City Commissioner
Mark Samuelian and City Commi �`� icky Steinberg.)
„vas
;`1 ' APPROVED AS TO
. FORM & LAN UAGE
,:': . I 1612-0
� F ION
* =INCORP ORATED
4 _ City Attorney Date
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Ordinances -R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney and Rafael E. Granada, City
Clerk
DATE: January 15, 2020
10:25 a.m. Second Reading Public Hearing
SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 38 ENTITLED "ELECTIONS," SECTION 38-6 THEREOF
ENTITLED "EARLY VOTING," BY INCREASING THE NUMBER OF EARLY
VOTING DAYS FOR CITY RUNOFF ELECTIONS FROM 2 TO 3 DAYS,
WITH SAID EARLY VOTING PERIOD TO OCCUR ON THE FRIDAY,
SATURDAY, AND SUNDAY IMMEDIATELY PRECEDING SUCH RUN-OFF
ELECTION; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
See Memorandum attached.
Applicable Area
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
City Attorney/City Clerk
Sponsor
Co-sponsored by Commissioners Gongora, Samuelian, and Steinberg
ATTACHMENTS:
Description
❑ Memorandum
❑ Email from the Supervisor of Elections
o Ordinance
Page 857 of 1618
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAUL.1. AGUILA, CITY ATTORNEY '-
• COMMISSION MEMORANDUM
TO: MAYOR DAN GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: RAUL J.AGUIL i Cu
CITY ATTORNEY
RAPHAEL E.GRANADO
CITY CLERK
DATE: DECEMBER 11,2019
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 38 ENTITLED "ELECTIONS", SECTION 38-6 THEREOF
ENTITLED "EARLY VOTING", BY INCREASING THE NUMBER OF
EARLY VOTING DAYS FOR CITY RUNOFF ELECTIONS FROM 2 TO 3
DAYS, WITH SAID EARLY VOTING PERIOD TO OCCUR ON THE
FRIDAY, SATURDAY AND SUNDAY IMMEDIATELY PRECEDING ANY
SUCH RUN-OFF ELECTION; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
Pursuant to the requests of Mayor Dan Gelber, City Commissioner Michael Gongora, City
Commissioner Mark Samuelian and City Commissioner Micky Steinberg, and in accordance with
discussion held at the City Commission's November 12,2019 meeting',the attached Ordinance has
been drafted for the purpose of expanding voters' rights to participate in City elections by amending
City Code section 38-6 to increase the Early Voting period for City Runoff Elections from 2 to 3
days, with said Early Voting to henceforth occur on the Friday, Saturday and Sunday immediately
preceding any such election.
This amendment will thus apply to the Early Voting period preceding any stand-alone (not held in
conjunction with a County election) City Runoff Election, occurring during the City's November
election cycle occurring every two years and/or held otherwise during a Special Election held to fill
a vacancy on the City Commission. '
•
t At its November.12, 2019 meeting, the City Commission adopted its Resolution No. 2019-31077 for the •
limited purpose of authorizing Friday November 15, 2019 as an additional day of early voting for the •
November 19,2019 City of Miami Reach Run-off Election.
Page 858 of 1618
ECONOMIC IMPACT ANALYSIS
City Charter Section 5.02 requires the City Commission to consider the long-term economic impact
(at least 5 years) of proposed legislative actions. The proposed Ordinance amends the existing
schedule of future City General and Run-Off Elections by the addition of one day of Early Voting
for Run-Off elections (not held in conjunction with County elections).2
Pursuant to the City Clerk's communication with the County Elections Department, the cost of
adding one extra day to the City's Early Voting for Run-off elections is$3,200.00 per day,per Early
Voting site. Accordingly, the economic impact of this Ordinance is $6,400.00 ($3,200.00 for
Early voting at each of the 2 Early Voting sites: Miami Beach City Hall and the North Shore
Branch Library).
2 City elections held concurrent with County elections will be at a lesser cost to the City than a City stand-
alone election. •
Page 859 of 1618
Cardillo, Lilia
From: Granado, Rafael
Sent Wednesday, November 27, 2019 1:15 PM •
To: Cardillo, Lilia
Subject: Fwd:Early Voting for 2021 City of Miami Beach Run-Off Election
Please include the below email as an Agenda item.
Label the attachment as:Email from the Supervisor of Elections.
Thanks. ; S' •
MIAMIBEACH
Rafael E.Granado,Esq.,City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive
Miami Beach,FL 33139
Telephone: 305.673.7411
Email:rafaelgranado@miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical,historic
community.
Begin forwarded message:
•
•
From:"White, Christina(Elections)"<Christina.White@miamidade.gov>
Date: November 26,2019 at 9:40:57 AM EST
To:"Granada, Rafael"<RafaelGranado@miamibeachfl.gov>
Cc:"Rivera,Miriam A.(Elections)"<Miriam.Rivero2@miamidade.gov>,"Prieto,Elizabeth(Elections)"
<Ellzabeth.Prieto@miamidade.gov>,"Trutie,Suzy(Elections)"<suzy.trutie@miamidade.gov>,"Barbou,Regis"
<RegisBarbou@miamibeachfl.gov>,"Hatfield,Liliam"<LillamHatfleld@miamibeachfl.gov>, "Aguila,Raul"
<RaulAgu i1a@mia mibeachfl.gov>
Subject:RE: Early Voting for 2021 City of Miami Beach Run-Off Election
[THIS MESSAGE COMES FROM AN EXTERNAL EMAIL-USE CAUTION WHEN REPLYING AND OPENING
LINKS OR ATTACHMENTS 1
Good morning, Rafael.
Thank you for the courtesy of the request this far in advance.Allow this email to serve as approval for
the city to add Friday.Our pleasure to serve your voters. Happy holidays to all.
Best Regards,
Christina White
Supervisor of Elections
Miami-Dade Elections Department •
305.499.8509
1
Page 860 of 1618
From: Granado, Rafael<RafaelGranado@miamibeachfl.gov>
Sent: Monday,November 25,2019 4:05 PM
To:White,Christina (Elections)<Christina.White@rniamidade.gov>
Cc: Rivero,Miriam A.(Elections) <Miriam.Rivero2@miamidade.gov>; Prieto, Elizabeth (Elections)
<Elizabeth.Prieto@miamidade.gov>;Trutie,Suzy(Elections)<suzy.trutie@miamidade.gov>;Granado,
Rafael<RafaelGranado@miamibeachfl.gov>; Barbou,Regis<RegisBarbou@miamibeachfl.gov>; Hatfield,
Liliam <LiliamHatfield@miamibeachfl.gov>;Aguila, Raul<RaulAguila@miamibeachfl.gov>
Subject:Early Voting for 2021 City of Miami Beach Run-Off Election
Good afternoon Ms.White,
At the upcoming December 11, 2019 Commission meeting,the Miami Beach City Commission is
proposing an Ordinance that requires that starting with the November 2021 General Election,Early
voting for a Run-Off Election in the City of Miami Beach shall occur on the Friday,Saturday,and Sunday
immediately preceding any Run-Off Election.
This would increase the number of early voting days for a Run-Off Election from 2 to 3 days, and will
coincide with the Early Voting Run-Off schedule for the cities of Hialeah and Miami Beach.
In an abundance of caution, I wanted to obtain your approval of such a change, prior to submitting it for
consideration by the City Commission.
Regards,
MIAMI BEACH
Rafael E. Granada, Esq., City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.673.7411 rafaelgranado@miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our
vibrant, tropical, historic community.
2
Page 861 of 1618
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