R7F Call For Special Election - Qualifying Period-Waiver Of Qualifying FeeJOSE SMITH, CITY AnORNEY
OFFICE OF THE CITY AnOR.NEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
CC: Kathie Brooks, Interim Ci
FROM: Jose Smith, City Attorn y
DATE: July 18, 2012
SUBJECT: Resolutions Regarding Ballot Questions Concerning Change in Filing
Period for Qualifying Petitions and Waiver of the City's Qualified Fee for
Qualified Petitions
Attached are two Resolutions amending Resolutions No 2012-27933 and 2012-27934
passed and adopted at the June 6, 2012 City Commission meeting.
The attached Resolutions amend and are to be substituted for the previously adopted
Resolutions to make certain formatting changes and clarify the questions presented.
JS/DT/mem
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in filing period and waiver of qualifying fee.docx
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Agenda Item f</ F
Date 7-/9-/2...
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING CITY OF MIAMI BEACH RESOLUTION
NO. 2012-27933, AND SUBSTITUTING THIS RESOLUTION THEREFOR
CALLING FOR A NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI
BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER
SECTION 6.03 SHOULD BE AMENDED TO CHANGE THE TIME THAT A
CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED OFFICE MUST
FILE SAID PETITION~ FROM NO LATER THAN THE SECOND DAY OF THE
FOUR-DAY QUALIFYING PERIOD, TO NO LATER THAN NOON OF THE 14TH
DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING PERIOD?
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 and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held in the
City of Miami Beach, Florida, from 7:00a.m. to 7:00p.m. on Tuesday, November 6, 2012, for the
purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the said
Special Election hereby called, with acceptance of the certification of the results of said Special
Election to be performed by the City Commission. 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 3.
That the said voting precincts in the City of said Special Election shall be as established by
the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the
polling places and the voting precincts in which the official registration books show that the said
electors reside.
SECTION4.
Registration of persons desiring to vote in the Special Election shall be in accordance with
the general law of the State of Florida governing voter registration. Qualified persons may obtain
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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. 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 Office.
All questions concerning voter registration should be directed to the Miami-Dade County Elections
Office, 2700 N.W. 8ih Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication
shall be made in accordance with the provisions of §50.031 and §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 SPECIAL ELECTION
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 BE HELD IN SAID CITY FROM 7:00A.M. UNTIL 7:00P.M.
ON THE 61h DAY OF NOVEMBER, 2012, AT WHICH TIME THERE SHALL BE
SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE
CITY OF MIAMI BEACH THE FOLLOWING QUESTION:
CHANGE OF FILING PERIOD FOR QUALIFYING PETITIONS
SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME
THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED
OFFICE MUST FILE SAID PETITION, FROM NO LATER THAN THE SECOND
DAY OF THE FOUR-DAY QUALIFYING PERIOD, TO NO LATER THAN NOON
OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING
PERIOD?
_____ YES
_____ NO
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629
SECTION 7.
That the official ballot to be used in the Special Election to be held on November 6, 2012,
hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
CHANGE OF FILING PERIOD FOR QUALIFYING PETITIONS
SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME
THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED
OFFICE MUST FILE SAID PETITION, FROM NO LATER THAN THE SECOND
DAY OF THE FOUR-DAY QUALIFYING PERIOD, TO NO LATER THAN NOON
OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING
PERIOD?
SECTION 8.
_____ YES
_____ NO
That the absentee voters participating in said Special Election shall be entitled to cast their
ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee
voting.
SECTION 9.
That the City of Miami Beach shall pay all expenses for conducting this Special 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.
SECTION 10.
If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure.
SECTION 11.
A. This Resolution shall stand as the operative City legislation scheduling the question set
forth hereinabove for placement on the November 6, 2012 City of Miami Beach Special Election
ballot, and shall be effective immediately upon its passage.
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630
B. City of Miami Beach Resolution No. 2012-27933, adopted by the City Commission on
June 6, 2012 for the purpose of scheduling the November 6, 2012 Special Election, is hereby
amended and the terms and provisions in this Resolution are substituted therefor.
PASSED and ADOPTED this ___ day of--------· 2012.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Requested by Commissioner Jonah Wolfson)
MATTI HERRERA BOWER, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR ECUTION
F:\ATTO\TURN\BALLOT.QUESTIONS\Change of Filing Period for Qualifying Petitions.doc
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PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 6, 2012 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
CHANGE OF FILING PERIOD FOR QUALIFYING PETITIONS
SHALL CHARTER SECTION 6.03 BE AMENDED TO CHANGE THE TIME
THAT A CANDIDATE QUALIFYING VIA PETITION FOR CITY ELECTED
OFFICE MUST FILE SAID PETITION, FROM NO LATER THAN THE SECOND
DAY OF THE FOUR-DAY QUALIFYING PERIOD, TO NO LATER THAN NOON
OF THE 14TH DAY PRIOR TO THE FIRST DAY OF SUCH QUALIFYING
PERIOD?
II. PROPOSED CHARTER TEXT:
Charter Sec. 6.03. -Qualifying.
The City Commission shall cause to be placed on the ballot to be used in the general
election the name of any qualified elector of the City residing within the City at least one
year prior qualifying and who, within the four (4) consecutive days immediately following
the first Monday of September prior to said general election, shall have paid to the City
Clerk of the City of Miami Beach the sum equal to seven and one-half percent (7 %%) of
the annual salary of the office to which he/she 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 no later than tAe
second day for noon of the 14th day prior to the first day of 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 percent (2%) of this number of such voters as the
same shall be on the date sixty (60) days prior to the first day of qualifying as a candidate
for office, and shall have taken, signed and subscribed to an oath or affirmation in writing in
which he/she shall state (1) the title of the office for which he/she is a candidate; (2) that
he/she is a qualified elector of the City of Miami Beach, Florida and has resided in the City
at least one year prior to qualifying via petition; (3) his/her legal residence, by street and
number; (4) that he/she is qualified under the ordinances (including Miami Beach City Code
Chapter 38 governing "Elections") and Charter of the City of Miami Beach, Florida, to hold
the office for which he/she is a candidate.
* *
5
632
*
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA AMENDING CITY OF MIAMI BEACH RESOLUTION NO. 2012-
27934, AND SUBSTITUTING THIS RESOLUTION THEREFOR, CALLING FOR A
NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO
THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER MIAMI BEACH CITY CHARTER SECTION 6.03 SHOULD BE AMENDED
TO PROVIDE THAT IF THE COUNTY ELECTIONS DEPARTMENT HAS NOT ISSUED
ITS CERTIFICATE VERIFYING THE REQUIRED NUMBER OF VALID SIGNATURES
ON A TIMELY-FILED QUALIFYING PETITION BY 5:00P.M. ON THE SECOND DAY
OF THE CITY'S QUALIFYING PERIOD, THE CITY'S 7%% QUALIFYING FEE SHALL
BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES PURSUANT TO
CHARTER SECTION 6.03, WAIVER SUBJECT TO ELECTIONS DEPARTMENT
CONFIRMATION THAT THE QUALIFYING PETITION CONTAINED THE REQUIRED
NUMBER OF VALID SIGNATURES?
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 and
the general laws of the State of 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 Tuesday,
November 6, 2012, for the purpose of submitting to the electorate the question as set forth
hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct
the said Special Election hereby called, with acceptance of the certification of the results of
said Special Election to be performed by the City Commission. 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 3.
That the said voting precincts in the City of said Special Election shall be as
established by the proper and appropriate Miami-Dade County Election Officials. All
electors shall vote at the polling places and the voting precincts in which the official
registration books show that the said electors reside.
633
SECTION 4.
Registration of persons desiring to vote in the Special Election 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. 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 Office. All questions concerning voter
registration should be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th
Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683).
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication
in a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of §50.031 and §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 SPECIAL ELECTION
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 BE HELD IN SAID CITY FROM
7:00A.M. UNTIL 7:00 P.M. ON THE 6th DAY OF NOVEMBER, 2012, AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI
BEACH THE FOLLOWING QUESTION:
LIMITED WAIVER OF CITY QUALIFYING FEE
SHALL CHARTER SECTION 6.03 BE AMENDED TO PROVIDE THAT IF COUNTY
ELECTIONS DEPARTMENT HASN'T ISSUED ITS CERTIFICATE VERIFYING THE
REQUIRED NUMBER OF VALID SIGNATURES ON A TIMELY-FILED QUALIFYING
PETITION BY 5:00P.M. ON THE SECOND DAY OF CITY'S QUALIFYING PERIOD,
CITY'S 7:V2% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT
CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6.03,
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WAIVER SUBJECT TO ELECTIONS DEPARTMENT CONFIRMATION THAT THE
QUALIFYING PETITION CONTAINED REQUIRED NUMBER OF VALID
SIGNATURES?
SECTION 7.
____ YES
____ NO
That the official ballot to be used in the Special Election to be held on November 6,
2012, hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
LIMITED WAIVER OF CITY QUALIFYING FEE
SHALL CHARTER SECTION 6.03 BE AMENDED TO PROVIDE THAT IF COUNTY
ELECTIONS DEPARTMENT HASN'T ISSUED ITS CERTIFICATE VERIFYING THE
REQUIRED NUMBER OF VALID SIGNATURES ON A TIMELY-FILED QUALIFYING
PETITION BY 5:00P.M. ON THE SECOND DAY OF CITY'S QUALIFYING PERIOD,
CITY'S 71'2% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT
CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6.03,
WAIVER SUBJECT TO ELECTIONS DEPARTMENT CONFIRMATION THAT THE
QUALIFYING PETITION CONTAINED REQUIRED NUMBER OF VALID
SIGNATURES?
SECTION 8.
____ YES
_____ NO
That the absentee voters participating in said Special Election shall be entitled to
cast their ballots in accordance with the provisions of the Laws of the State of Florida with
respect to absentee voting.
SECTION 9.
That the City of Miami Beach shall pay all expenses for conducting this Special
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.
635
SECTION 10.
If any section, sentence, clause or phrase of the proposed ballot measure 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 said ballot measure.
SECTION 11.
A. This Resolution shall stand as the operative City legislation scheduling the
question set forth hereinabove for placement on the November 6, 2012 City of Miami Beach
Special Election ballot, and shall be effective immediately upon its passage.
B. City of Miami Beach Resolution No. 2012-27934, adopted by the City
Commission on June 6, 2012 for the purpose of scheduling the November 6, 2012 Special
Election, is hereby amended and the terms and provisions of this Resolution are substituted
therefor.
PASSED and ADOPTED this ___ day of ________ , 2012.
ATTEST:
MATTI HERRERA BOWER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
(Requested by Commissioner Jonah Wolfson)
~ J~ 1~~
Dat
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636
PROPOSED BALLOT TITLE AND BALLOT SUMMARY
NOVEMBER 6, 2012 SPECIAL ELECTION
I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY:
LIMITED WAIVER OF CITY QUALIFYING FEE
SHALL CHARTER SECTION 6.03 BE AMENDED TO PROVIDE THAT IF COUNTY
ELECTIONS DEPARTMENT HASN'T ISSUED ITS CERTIFICATE VERIFYING THE REQUIRED
NUMBER OF VALID SIGNATURES ON A TIMELY-FILED QUALIFYING PETITION BY 5:00
P.M. ON THE SECOND DAY OF CITY'S QUALIFYING PERIOD, CITY'S 7%% QUALIFYING
FEE SHALL BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES
PURSUANT TO CHARTER SECTION 6.03, WAIVER SUBJECT TO ELECTIONS
DEPARTMENT CONFIRMATION THAT THE QUALIFYING PETITION CONTAINED
REQUIRED NUMBER OF VALID SIGNATURES?
II. PROPOSED CHARTER TEXT:
Charter Sec. 6.03. -Qualifying.
The City Commission shall cause to be placed on the ballot to be used in the general
election the name of any qualified elector of the City residing within the City at least one
year prior qualifying and who, within the four (4) consecutive days immediately following
the first Monday of September prior to said general election, shall have paid to the City
Clerk of the City of Miami Beach the sum equal to seven and one-half percent (7 %%) of
the annual salary of the office to which he/she 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 no later than the
second 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 percent (2%) of this number of such voters as the same shall be on the date sixty
(60) days prior to the first day of qualifying as a candidate for office,; in the event the
Miami-Dade County Elections Department has not issued its certificate verifying the
required number of valid signatures on the subject qualifying petition by 5:00 p.m. on the
second day of the City's four-day qualifying period, the City's 7%% qualifying fee shall be
waived by the City in the event the subject candidate should otherwise qualify for office
pursuant to this Charter section. The waiver of the City's 7%% qualifying fee is subject to
confirmation by the Elections Department's certificate that the qualifying petition
contained the required number of valid signatures. All candidates qualifying for office
aA4 shall have taken, signed and subscribed to an oath or affirmation in writing in which
he/she shall state (1) the title of the office for which he/she is a candidate; (2) that he/she
is a qualified elector of the City of Miami Beach, Florida and has resided in the City at
least one year prior to qualifying via petition; (3) his/her legal residence, by street and
number; (4) that he/she is qualified under the ordinances (including Miami Beach City
Code Chapter 38 governing "Elections") and Charter of the City of Miami Beach, Florida,
to hold the office for which he/she is a candidate.
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