Resolution 2022-32260 RESOLUTION NO. 2022-32260
A RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 2022 IN THE CITY OF MIAMI BEACH FOR THE PURPOSE
OF FILLING THE VACANCY IN CITY. COMMISSION GROUP II BY
ELECTING A CANDIDATE TO SERVE THE REMAINING GROUP II TERM
EXPIRING NOVEMBER 2025,VIA SUBMISSION TO THE ELECTORS OF
THE CITY OF MIAMI BEACH CANDIDATES FOR SAID GROUP II AND IF
NECESSARY, FURTHER PROVIDING FORA RUN-OFF ELECTION TO BE
HELD ON DECEMBER 6, 2022; SETTING FORTH QUALIFYING DATES
(INCLUDING QUALIFYING VIA PETITION)AND PROVIDING FOR NOTICE
OF ELECTION TO FURTHER SET FORTH DATES FIXED FOR FILING OF
CAMPAIGN EXPENSE STATEMENTS AND PERTINENT INFORMATION
REGARDING ELIGIBILITY OF ELECTORS TO PARTICIPATE IN SAID
ELECTIONS; PROVIDING FOR CONDUCT OF SAID ELECTIONS BY THE
MIAMI-DADE COUNTY ELECTIONS DEPARTMENT; PROVIDING THAT
VOTING PRECINCTS FOR SAID ELECTIONS SHALL BE THOSE AS
ESTABLISHED BY MIAMI-DADE COUNTY; PROVIDING FOR NOTICE OF
SAID ELECTIONS; PROVIDING FOR THE FORM OF BALLOT AND
REGISTRATION OF VOTERS IN ACCORDANCE WITH STATE LAW;
PROVIDING FOR PAYMENT FOR CONDUCTING ELECTIONS TO MIAMI-
DADE COUNTY.
WHEREAS, on June 22, 2022, the Honorable Mark Samuelian, City of Miami Beach
Commissioner-Group II, passed away; and
WHEREAS, as the Group II term of office does not expire until November 2025, the
Group II seat is vacant and must be filled for the unexpired remainder of said term; and
WHEREAS, City Charter section 2.07 "Vacancies in City Commission" establishes
the applicable method for the filling of vacancies on the City Commission. Charter section
2.07 requires that such vacancies be filled by a "majority of the remaining members of the
City Commission" or be filled at a Special Election called by the City Commission; and
WHEREAS,the City Commission has determined it to be in the best interests of the
City of Miami Beach that the vacancy be filled by vote of the Electorate via Special Election
held on November 8, 2022, and if necessary, by a Run-Off Election to be held on
December 6, 2022.1
1 See, City of Miami Beach Ordinance 4022'4S01, authorizing the election dates set forth
hereinabove.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH :
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida, a
Special Election is hereby called and directed to be held in the City of Miami Beach,
Florida, from 7:00 a.m. to 7:00 p.m. on November 8, 2022, for the purpose of electing a City
Commissioner in Group II who shall hold office for the remainder term expiring November
2025, as provided by law. If required, pursuant to provisions of the City Charter, a Run-Off
Election shall be held from 7:00 a.m. to 7:00 p.m. on December 6, 2022.
SECTION 2.
City Charter section 6.03's requirements for qualifying for office shall apply to the
November 8, 2022 Special Election re: Commission Group II, except that the qualifying
dates for this November 8, 2022 Special Election shall commence on August 22, 2022 and
shall end on August 25, 2022; and petitions to qualify shall be filed with the City Clerk no
later than noon on August 8, 2022 (the 14th day prior to the first day of qualifying as a
candidate for City Commission Group II), said petitions signed by sufficient qualified and
registered voters to constitute not less than two percent (2%) of this number of such
voters as the same shall be on July 1, 2022 (the date fifty-two (52) days prior to the
August 22, 2022 first day of qualifying as a candidate for Commission Group II office).
SECTION 3.
That the appropriate and proper Miami-Dade County election officials shall conduct
the said Special Election and Run-Off Election hereby called, with acceptance of the
certification of the results of said elections to be performed by the City Commission and
with the results of election to be effective thereon, in accordance with City Code Section
38-4. The official returns for each precinct shall be furnished to the City Clerk of the City of
Miami Beach as soon as the ballots from all precincts have been tabulated.
SECTION 4.
That the said voting precincts in the City of said Special Election and Run-Off
Election shall be as established by the proper and appropriate Miami-Dade County Election
2
Officials. All electors shall vote at the polling places and the voting precincts as determined
by the Miami-Dade County Election Officials.2
SECTION 5.
Notice of the adoption of this Resolution and of its provisions calling said Special
Election and Run-Off Election shall be given by publication in the Miami. Herald, a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with provisions of Section 100.342, Florida
Statutes, and Section 38-3 of the Code of the City of Miami Beach.
SECTION 6.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF NOVEMBER 8, 2022 SPECIAL ELECTION
(AND DECEMBER 6, 2022 RUN-OFF ELECTION,_IF REQUIRED)
NOTICE IS HEREBY GIVEN THAT A SPECIAL.ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BEHELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 8th DAY OF NOVEMBER, 2022, FOR THE
PURPOSE OF ELECTING A CITY COMMISSIONER IN GROUP II, WHO
SHALL HOLD OFFICE FOR THE REMAINDER TERM EXPIRING
NOVEMBER 2025, AS PROVIDED BY LAW. A RUN-OFF ELECTION, IF
REQUIRED, SHALL BE HELD FROM 7:00 A.M. TO 7:00 P.M. ON THE 6T"
DAY OF DECEMBER,2022. QUALIFYING DATES SHALL COMMENCE ON
AUGUST 22, 2022 AND SHALL END ON AUGUST 25, 2022, AND
PETITIONS TO QUALIFY SHALL BE FILED WITH THE CITY CLERK NO
LATER THAN NOON ON AUGUST 8, 2022 WITH SAID PETITIONS
SIGNED BY SUFFICIENT QUALIFIED AND REGISTERED VOTERS TO
CONSTITUTE NOT LESS THAN TWO PERCENT(2%) OF THE NUMBER
OF SUCH VOTERS AS THE SAME SHALL BE ON JULY 1, 2022.
2 Pursuant to City Code section 38-3(b): "The City Clerk shall further publish, in a
newspaper meeting the requirements set forth in Florida Statute§50.031 and on the_City's
website, the polling places for the election twice, once in the third week and once in the first
week prior to the week in which the election is to be held."
3
Said Notice shall further set forth the dates fixed for filing campaign expense
statements and pertinent information regarding the eligibility of electors to participate in
said elections.
SECTION 7.
That the official ballot to be used in the Special Election to be held on November 8,
2022, hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
NOVEMBER 8, 2022 SPECIAL ELECTION
FOR ELECTING A
CITY OF MIAMI BEACH CITY COMMISSIONER, GROUP II
FOR CITY COMMISSIONER GROUP II
(insert names)
SECTION 8.
In the event a Run-Off Election is required to be held on Tuesday, December 6,
2022, the official ballot to be used at such Run-Off Election shall be in substantially the
same form as the official ballot for the Special Election in Section 7 above, except that the
heading of the ballot for the Run-Off Election shall be in substantially the following form, to
wit:
"OFFICIAL BALLOT"
DECEMBER 6, 2022 RUN-OFF ELECTION
FOR ELECTING
CITY OF MIAMI BEACH CITY COMMISSIONER, GROUP II
FOR CITY COMMISSIONER GROUP II
(insert names)
4
SECTION 9.
The City Clerk shall assist the County Elections Department in preparing the ballots
for the November 8, 2022 Special Election and the December 6, 2022 Run-Off Election, if
required, so that the names of qualified candidates will appear on said ballots in
alphabetical order according to surname under the respective office sought; provided,
however, the form of the ballots to be used in said Elections and their preparation shall be
in compliance with all statutory requirements relating to the use of mechanical or other
approved voting machines or devices.
SECTION 10.
Registration of persons desiring to vote in the Special and Run-Off Elections shall be
in accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City
Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal
business hours, and at such other voter registration centers and during such times as may
be provided by the Supervisor of Elections of Miami-Dade County. The Miami-Dade
County Supervisor of Elections will register voters for the Special Election until 5:00 p.m. on
Tuesday, October 11, 2022; and will register voters for the Run-Off Election until 5:00 p.m.
on Monday, November 7, 2022. All persons eligible to vote at the Elections must be
registered before the times and dates set forth herein or have registered previously, as
provided by law. Each person desiring to become a registered voter shall be responsible for
properly filling out the registration form and returning it to the Miami-Dade County Elections
Department. All questions concerning voter registration should be directed to the Miami-
Dade County Elections Department, 2700 N.W. 87th Avenue, Miami, Florida 33172;
Telephone:(305) 499-VOTE (8683).
SECTION 11.
That voters participating via a vote-by-mail ballot in said Special Election and/or
Run-Off Election shall be entitled to cast their ballots in accordance with the provisions of
the Laws of the State of Florida with respect to such voting.
SECTION 12.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and Run-Off Election and will pay to Miami-Dade County or directly to all persons
or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of
Miami-Dade County, Florida.
5
SECTION 13.
If any section, sentence, clause, or phrase of this Resolution 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 Resolution.
SECTION 14.
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this as day of 7-410 2022.
ATTEST: ,
"le ,410'
JUL. 2 5 2022 DAN GELBER, MAYOR
RA AEL . GRANADO, CITY CLERK
APPROVED AS TO
FORM &LANGUAGE
INCORTORATED; &FOR EXECUTION
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City Attorney p icvZ
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Date
Resolutions -R7 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: July 25, 2022
SUBJECT:A RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 8, 2022 IN THE CITY OF MIAMI BEACH FOR THE PURPOSE
OF FILLING THE VACANCY IN CITY COMMISSION GROUP II BY
ELECTING A CANDIDATE TO SERVE THE REMAINING GROUP II TERM
EXPIRING NOVEMBER 2025, VIA SUBMISSION TO THE ELECTORS OF
THE CITY OF MIAMI BEACH CANDIDATES FOR SAID GROUP II AND IF
NECESSARY, FURTHER PROVIDING FORA RUN-OFF ELECTION TO BE
HELD ON DECEMBER 6, 2022; SETTING FORTH QUALIFYING DATES
(INCLUDING QUALIFYING VIA PETITION)AND PROVIDING FOR NOTICE
OF ELECTION TO FURTHER SET FORTH DATES FIXED FOR FILING OF
CAMPAIGN EXPENSE STATEMENTS AND PERTINENT INFORMATION
REGARDING ELIGIBILITY OF ELECTORS TO PARTICIPATE IN SAID
ELECTIONS; PROVIDING FOR CONDUCT OF SAID ELECTIONS BY THE
MIAMI-DADE COUNTY ELECTIONS DEPARTMENT; PROVIDING THAT
VOTING PRECINCTS FOR SAID ELECTIONS SHALL BE THOSE AS
ESTABLISHED BY MIAMI-DADE COUNTY; PROVIDING FOR NOTICE OF
SAID ELECTIONS; PROVIDING FOR THE FORM OF BALLOT AND
REGISTRATION OF VOTERS IN ACCORDANCE WITH STATE LAW;
PROVIDING FOR PAYMENT FOR CONDUCTING ELECTIONS TO MIAMI
DADE COUNTY.
ANALYSIS
The attached Resolution has been prepared at the request of the sponsor, Commissioner Alex
Fernandez, calling for a November 8, 2022 election to fill the Group II vacancy. Additional
background information is included as part of the companion Ordinance (Agenda Item R5 A).
At the July 20, 2022 City Commission meeting, the Mayor and Commission will consider
whether to fill the vacancy by either appointment or election. In the event that the Commission
chooses to fill the vacancy by election, a first reading of an Ordinance has been prepared,
calling the election for November 8, 2022, in accordance with State law, with the second reading
and public hearing of the ordinance to take place on July 25, 2022.
Although the Commission has not yet decided how it wishes to proceed, in an abundance of
caution and due to agenda print deadlines, the ordinance and this accompanying Resolution
Page 14 of 38
calling for a November 8, 2022 election has been prepared for consideration at the July 25,
2022 meeting, subject to and contingent upon the Commission direction to be provided on July
20, 2022.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
See Item R5 A.
CONCLUSION
Resolution has been updated to include relevant information regarding qualifying by petition, as
well as additional elections-related information. (7/22/2022)
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Non-Applicable
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor and Commission
ATTACHMENTS:
Description
Resolution has been updated to include relevant information regarding qualifying by petition, as
well as additional elections-related information.
Page 15 of 38