C4J-Ref- NCAC - Amendments To City Code Chapter 38 Regarding ElectionsOFFICE OF THE CITY ATIORNEY
JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
INTERIM CITY M~ ER K#ATH·I·~;·BROOKS
JOSE SMITH .. / ····· 't
CITY ATTORNE ...• •
I' .•• -~w'
DECEMBER'·12, 2012
SUBJECT: Proposed Amendments to City Code Chapter 38 Regarding "Elections"
Based upon amendments to the Florida Election Code, revised County Elections
Department procedures regarding the issuance of final election returns, and
recommended housekeeping policy amendments to the City's election procedures, I am
requesting that the attached proposed amendments to Chapter 38 of the City Code
regarding "Elections" be referred to the Neighborhoods and Community Affairs
Committee for its input and consideration.
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Agenda Item G4J
Date 12--12..-tz_
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO:
FROM:
DATE:
MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
INTERIM CITY MANAGER KATHIE BROOKS
JOSE SMITH ,
CITY ATTOR ,1:
DECEMBER 12,2012
SUBJECT: PROPOSED AMENDMENTS TO CITY CODE CHAPTER 38 "ELECTIONS"
In addition to those provisions of the City Charter relating to City elections 1,
there are City Ordinances codified in Chapter 38 of the City Code dealing with the
process of conducting City elections. The majority of the provisions in Chapter 38 were
originally enacted in 1964. In order to ensure compliance with applicable statutory and
County Code provisions, periodic review of these Code provisions is required.
Accordingly, the City Attorney's Office has reviewed and analyzed Chapter 38,
resulting in the attached Ordinance containing the following City Code amendments:
I. Amendments required by Florida law:
Prior to the 2011 statutory amendments to the State's Early Voting Law (Fla.
Stat. section 1 01.657), municipalities had the power to opt out the State's law and
could thus self-regulate Early Voting for its elections. This ability to opt out was
exercised by the City Commission in 2005, resulting in City Code section 38-6 which
provides, in part, for a total of 7 days of Early Voting preceding every General Election.
As a result of last year's statutory amendments to the State's Early Voting law,
municipalities are no longer able to completely opt out of the State's law.
Municipalities must now adhere to the statutory Early Voting schedule for those City
elections held in conjunction with County or State elections; for those City elections not
held in conjunction with County or State elections, however, cities such as Miami
Beach may opt out of the statutory provisions and thus may regulate the number of
days and sites for such Early Voting.
1 See, Miami Beach Charter, Articles VI "Elections" and VII "Initiative and Referendum."
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Accordingly, the City Code amendments herein establish the City's policy decision to
self-regulate its Early Voting relating to City elections not held in conjunction with
County or State elections. The amendments propose a 14-day Early Voting period 2 ,
with Early Voting sites at City Hall and the North Shore Branch Library.
II. Amendments required due to County Elections Department Process:
In order to reflect the County Elections Department's procedure regarding the
timing of its issuance of Final Election Returns, the Code amendments herein include
changing the date on which the City Commission accepts/canvasses election returns
from the day after the election date to the first business day immediately following the
County Supervisor of Election's issuance of final election returns.
Ill. Miscellaneous Amendments:
Although not mandated by State or County law, I further recommend as a
housekeeping matter that the Code amendments include language:
• Confirming the City Commission's power to take emergency action at any
Commission meeting occurring between a General election date and the date on
which it accepts final Run-Off election returns; and
• Including specific statutory citations to applicable provisions of the Florida
Election Code, as well as corrections to non-substantive typographical errors.
FINAL: ECONOMIC IMPACT ANALYSIS
Pursuant to City Charter Section 5.02 the City is required to consider the long-term
economic impact (at least 5 years) of proposed legislative actions.
The following figures reflect City of Miami Beach costs estimated by the Miami-Dade
County Elections Department for future City elections 3 :
~ $3,200: Per day/per location for Early Voting;
~ $197,945.49: Cost estimate for 2013 General Election (estimate based upon
City's cost for November 11, 2011 General Election). Cost for 2013 General
Election subject to change based on the proportion of the cost City of Miami
Beach will share with other municipalities holding elections on same date, any
special requests such as number of early voting days and locations, business
reply mail option for absentee ballots, etc).
2 Per Florida Statute 101.657, the County Supervisor has the discretion to regulate the hours of
Early Voting in the event the County conducts such Early Voting.
3 See correspondence dated November 30, 2012 from County Elections Department to City
Clerk, attached as Exhibit "A" hereto.
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~ $154,992.01: Cost estimate for 2013 Run-Off Election/stand-alone elections.
The proposed Ordinance does not change the existing schedule of future City General
and Run-Off Elections. The cost to the City of these elections will be dependent upon
whether they will be stand-alone or held in conjunction with County elections (thus
allowing the City to piggyback onto the County ballot at a lesser cost than a stand-alone
election) and is thus dependent upon future action of the Miami-Dade County
Commission.
The predominant economic impact of the proposed Ordinance concerns the
proposed increase in the number of Early Voting days from City stand-alone General
elections (not held in conjunction with County or State elections) from 7 to 14, with a
daily Early Voting cost of $6,400 ($3,200 x 2 sites= $6,400). Therefore, the projected
economic impact of this Ordinance over a period of 5 years is $224,000,
reflecting an increased annual cost to the City of $44,800 ($6,400 Early Voting
cost for 2 sites x 7 days).
F:\ATTO\TURN\COMMMEMO\Commission memo Amendments regarding Chapt. 38 elections.doc
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ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 38 ENTITLED "ELECTIONS," BY INCLUDING REFERENCE TO
APPLICABLE STATUTORY PROVISIONS OF FLORIDA ELECTION CODE;
CORRECTING TYPOGRAPHICAL ERRORS; AMENDING CITY CODE
SECTION 38-4 TO PROVIDE FOR COMMISSION CANVASSING OF
ELECTION RETURNS ON THE FIRST BUSINESS DAY IMMEDIATELY
FOLLOWING THE COUNTY SUPERVISOR OF ELECTION'S ISSUANCE OF
FINAL ELECTION RETURS AND CONFIRMING AUTHORIZATION OF
EMERGENCY COMMISSION ACTION TAKEN AT ANY COMMISSION
MEETING OCCURRING BETWEEN GENERAL ELECTION DATE AND
ACCEPTANCE OF FINAL RUN-OFF ELECTION RETURNS; AND AMENDING
CITY CODE SECTION 38-6 BY ESTABLISHING THE NUMBER OF DAYS
FOR EARLY VOTING RELATIVE TO CITY GENERAL, RUN-OFF AND
SPECIAL ELECTIONS UPON CITY COMMISSION AUTHORIZATION OF
EARLY VOTING, AND AUTHORIZING CITY COMMISSION TO CHANGE
EARLY VOTING SCHEDULE FOR ELECTIONS NOT HELD IN
CONJUNCTION WITH COUNTY OR STATE ELECTIONS; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
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"
is hereby amended as follows:
Chapter 38 -ELECTIONS.1
Sec. 38-1. State law adopted.
Subject to provisions of Florida Statute §100.3605, AU general laws of the sState
relating to elections which are not inconsistent or in conflict with the provisions of
the Charter or this chapter are hereby adopted as part of this chapter.
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-
1 O(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.
1
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Sec. 38-2. City Commission to perform duties of County Board of
Commissioners.
Subject to provisions of Florida Statute §100.3605. +!he BCity BCommission shall
perform all acts in relation to general BCity elections which, by the sState law, are
made the duty of the aBoard of BCounty BCommissioners.
Sec. 38-3. Resolution by City Commission setting forth date and purpose of
election, deadline for registration, polling places, change of polling places.
(a) For the purpose of making proper provision for each municipal election held in
the BCity, the BCity BCommission shall, not less than 30 days prior to the
proposed date of such election, adopt a resolution setting forth the following:
(1) The date upon which such election is to be held.
(2) The purpose of such election.
(3) The days and hours, prior to the date of such election, during
which persons qualified to vote therein may register for the election.
(4) The list of polling places in the several precincts provided for by
resolution.
(5) The form of ballot to be used in such elections, prepared in
compliance with all statutory requirements relating to the use of mechanical or
other approved voting machines or devices.
(b) The BCity BCommission shall further authorize and direct the BCity BCierk to
give notice of the adoption of such resolution and of the provisions thereof
prescribed in subsection (a), by and through the publication of an appropriate
advertisement in a newspaper meeting the requirements set forth in ~-Florida
Statute § 50.031 once a week for four consecutive weeks next preceding the
day upon which such municipal election is to be held. If any polling place
designated in such resolution shall become unavailable for use as such, the
BCounty sSupervisor of eEiections shall designate another polling place in the
manner provided by sState law.
Sec. 38-4. Canvass of Returns; Installation of New Officers.
On the first business day immediately following the Counzy Elections
Supervisor's issuance of final election results, t+he BCity BCommission shall
meet on the first 'Nednesday after a general election or as soon thereafter as
practicable, and in the event a runoff election is necessary the c.Q.ity
c.Q.ommission shall meet on the day after the runoff election, for the purpose of
canvassing the returns of such election(s) and ascertaining the results thereof.
Should no fRun-eOff eEiection be necessary, new officers shall be declared
elected subsequent to canvass of final General eEiection returns on the first
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VVednesday after the general election (or as soon thereafter as practicable), at
which time the new officers shall be installed and shall enter upon the discharge
of their duties; if a fRun-eOff sElection is necessary, all new officers shall be
declared elected subsequent to canvass of final fRun-eOff sElection returns oo
the first day after the runoff election, at which time the new officers shall be
installed and shall enter upon the discharge of their duties. Moreover, if a fRun-
eOff sElection is necessary, the eCommission meetingf§l occurring on the first
V\Jednesday after the general election between the date of General Election and
the Commission's acceptance of final Run-Off Election returns shall occur for
the limited purpose of canvassing the returns of such general election. and/or to
address any emergency matter, pursuant to Florida Statute §952.38 (as
amended from time to time) and City Charter §2.05.
Sec. 38-5. Appointment and Duties of City Clerk in Connection with
Elections.
The eCity eCierk is nominated and appointed as the responsible official of the
eCity and is hereby empowered, authorized and directed to perform all duties
and functions and to exercise all powers of the sSupervisor of registration or
sElections required to be performed under this Code, the eCity Charter, the
eCounty Charter or Code and the laws and constitution of the sState in
connection with municipal elections; however, whenever any act or duty with
respect to an election has been, or may be, performed by the sSupervisor of
sElections of the eCounty, it shall not be necessary for the eCity eCierk to
duplicate that act, but the eCierk may rely upon the actions of the sSupervisor of
sElections of the eCounty.
Sec. 38-6. Early voting.
tat Pursuant to f.S. § 100.3605(1), it is hereby provided that commencing 'A'ith
the No·.~ember 2005 municipal elections for mayoral and commission offices, all
City of Miami Beach general, runoff and special elections are hereby exempted
from the provisions of f.S. § 1 01.657(1 )(d) (the "Early Voting Statute"). The
early voting statute provides for early voting to begin on the 15th day before an
election and end on the second day before an election and provides other
operational restrictions.
(b) In lieu of the above described provisions of f.S. § 101.657(1)(d), it is hereby
provided that early voting, if authorized by the city commission, shall commence
at Miami Beach City Hall eight days prior to the general election, and shall occur
for a total of seven consecutive days; \vith early voting to occur on the Saturday
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and Sunday immediately preceding any run off election.
(a) Pursuant to Florida Statute §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 Florida Statute §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 fitfteen days
immediately preceding the General Election for a total of fourteen consecutive
days.
2. Run-Off Election: Early voting shall occur on the Saturday and
Sunday immediately preceding any Run-Off Election.
3. Special Election-stand alone (not otherwise held in conjunction
with General or Run-Off Election{ Early voting shall commence fifteen days
immediately preceding such Special Election for a total of fourteen consecutive
days.
(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 ~-Florida Statute §1 01.657, exclusive of
paragraph (1)(d) thereof, shall continue to apply to the sCity's !:}General, fRun-
eOff and sSpecial eEiections as provided by law.
(e) The sCity sCommission may, by resolution, adopted in advance of a
gGeneral, fRun-eOff or sSpecial eEiection that is not held in conjunction with a
County or State election per subsection (a) above, alter the site.§. 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 exercised the discretion to determine the early voting hours)
for early voting from that which is provided above.
(f) The sCity sCierk 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.
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 §38-6(b) 1 and 2.
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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 day of ________ , 2013.
PASSED and ADOPTED this day of ________ , 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
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MAYOR MATTI HERRERA
BOWER
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
'/
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1:!:( Date S
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