R5E-Amend Chapter 38 ElectionsOFFICE OF THE CITY AlTORNEY
JOSE SMITH, CITY AlTORNEY
TO:
CC:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower
Members of the City Commission
Jimmy Morales, City Manager
Jose Smith, City Attorney /!J . .c:. · "' .• ~: ~
Rafael E. Granado, City C~t.... . {)
June 5, 2013
SUBJECT: PROPOSED HOUSEKEEPING 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originally enacted in 1964.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
presented as a housekeeping matter:
I. Amendments required by Florida law due to statutory preemption
Prior to the 2011 statutory amendments to the State's Early Voting Law
(Section 101.657, Fla. Stat.), municipalities had the power to opt out of 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 the adoption of City Code
section 38-6 which provides, in part, for a total of 7 days of Early Voting preceding
every General Election.
However, last year, the State Legislature amended Section 101.657 by
preempting a municipality's ability 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. However, for those City
elections not held in conjunction with County or State elections, cities such as Miami
1 See Miami Beach Charter, Articles VI "Elections" and VII "Initiative and Referendum."
Agenda Item R S E..
Date C?-'S'-( 3
Beach may opt out of the statutory provisions and thus may regulate the number of
days and sites for Early Voting.
Accordingly, the City Code amendments proposed herein establish the City's
policy decision to self-regulate its Early Voting for 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 proposed City Code amendments
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, the City Attorney further
recommends as a housekeeping matter that the City 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;
and
• Creating City Code section 38-7, entitled "Petitions," for the purpose of
ensuring ballot integrity with regard to initiative, referendum, and recall
petitions filed under Article VII of the City Charter or Florida law. Signers of
such Petitions shall be required to provide their address, date of birth or voter
registration number, and date of signature to conform to current petition
requirements. Petition Circulators shall also provide a statement confirming
that they personally witnessed each signature.
IV. 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
predominant economic impact of the proposed Ordinance concerns the proposed
2 Per Section 101.657, Fla. Stat., the County Supervisor has the discretion to regulate the hours
of Early Voting in the event the County conducts Early Voting.
2
increase in the number of Early Voting days for City stand-alone 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/day x 2 sites = $6,400/day) and an increased annual cost to the City
of $44,800 ($6,400/day x 7 days = $44,800/per election). Therefore, assuming one
City standwalone election per year, the projected economic impact of this
Ordinance over a period of 5 years is $224,000 ($44,800 x 5 years= $224,000).3
F\ATTO~.SMrJ\Comnmsion on Ethics\CMB Position Papcr.docx
3 See Estimates from the Miami-Dade Elections Department attached as the Composite Exhibit
hereto.
3
ESTIMATE
Miami Beach General Municipal Election November 5. 2013 (Stand Alone)
Rafael E. Granado, City Clerk
City of Miami Beach.
1700 Convention Center Drive, #200
Miami Beach, FL 33139
Registered Voters:
Precincts:
Polling Places:
Permanent Absentee Bal!ots:
Personnel
Salaries & Ftfnge Benefits, Overtime, Poll Workers
Polling Places
Sacurity, Polling Place Rentals
Suppfies and .services
49,926
36
23
5,602
E!Mt)on St<ppl/es, Communication Ch~rges, Absentee Ballots Set Up
Trucks and Vehicles
Truck Rentals, GSA Vehlclas
Printing and Advertising
Estimate N":
Estimate Date:
Early Voting Days:
Early Voting Sites:
Absente~;, f!arly Vortng & PrtJcinct 8~/fots, Tampcr<try Polling Place Change Notices, Newspaper Ads
Postage
Absentee Ballots Sent and Business Reply, Tempora;y Polling Place Change Notices, Letters
Batlot Creation
In-House & Outside Contractual SeN/Oes, Translations· BllSGd on one question
Administrative Overhead
Indirect Costs, Logic & Accuracy, Post.!Eiec:Jon Audits
Early Voting
Estlma!ed at $3,200 per requssted number of sites and days
' Please note these costs are estimates anri are subject to change. This estimate
does inclucie the cost of ballot printing; however, if your question(s)!race(s)
creates an additional ballot page, the cost will be adjusted eccordingfy.
For more information, you may contact:
Patricia Prochnlcki
Elections Budget and Finance Chief
M!amf·Dacte Elections Department
2700 NV·J 87 Avenue
Miami, Florida 33172
Office: 305-499·8568 E·maf!: bproch@miamidade.gov
Composite Exhi.b :i.t
"TOTAL
MB·SA-110513
Aprli 16, 2013
14
2
$ 64,927.55
9,900.00
5,392.01
7,358.00
26,460.78
13,738.99
2,410.00
13,018.73
89,600.00
.$. .•. 2.a2_8.QQ...Q.Q
ESTIMATE
Miami Beach General Municipal Election November 5, 2013 {Stand Alone}
Rafael E. Granado, City Clerk
City of Miami Beach
1700 Convention Center Drive, #200
Miami Beach, FL 33139
Registered Voters:
Precincts:
Pollfng Places:
Permanent Absentee Ballots:
Personnel
S<~i~rfes a. Fringe Benefits, Ovor/lme, Poll Worker:;
Polling Places
Security, Polling Place Rentals
Supplies and Services
49,926
36
23
5,602
Election SuppJI~s, Communication CIHlrgGs, Absentee Ballots Set Up
Trucks and Vehicles
Truck Rentals, GSA Vehicles
Printing and Advertising
Estimate W:
Estimate Date:
Early Voting Days:
Early Voting Sites:
Al>sentee, cady Voting & Precinct Ballots, Temporary Po/fing Place Cl:ange Nctices, Newspaper Ads
Postage
Absentee Ballots Sent and Business Reply, T~mpcrar; Polling Place Cha.nga Notices, Li!:lters
Ballot Creation
in-Hc;usa & Cuts/de Contra-::tua/ Services, Translations, Based on one questJun
Administrative Overhead
/ndfrect Costs, Logic & Accuracy, PO$I·Eiectfon Audits
Early Voting
Estimated at $3,200 per requested number of sites ~nd days
• Pleaso nate these costs ara estimates ancl are subject to change. This estimate
does fncludo the cost of ballot printing; however, if your question(s)lrace(s)
creates an additional be/Tot gaqe, the cost will be adjusted accordingly.
For more information, you may contact:
Patricia Prochnfckl
Elections Budget and Finance Chief
Mlami·Dade Elections Department
2700 NW 87 Avenue
Miamf, F[orida 33172
Office: 305·499·8568 E·mati: bproch@miamldade.gov
*TOTAL
MB·Sil--11 0513
April 16, 2013
7
2
$ 64.927.55
9,900.00
5,392.01
7,358.00
26,460.78
13}38.9Q
2,410.00
13,018.73
44,800.00
--
~ j §8 ,QQ§.;Jk§
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 RETURNS 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; 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; AND CREATING
CITY CODE SECTION 38-7 ENTITLED "PETITIONS" ESTABLISHING
INFORMATION TO BE PROVIDED BY PETITION CIRCULATORS AND
PERSONS SIGNING INITIATIVE, REFERENDUM AND/OR RECALL
PETITIONS; 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, FLORIDA AS
FOLLOWS:
SECTION 1. That Chapter 38 of the Miami Beach City Code entitled "Elections"
is hereby amended as follows:
Chapter 38
ELECTIONS.1
1 Charter references-·-Eiections, Art. VI; Initiative and Referendum Elections, Art VII.
Cross references-~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.
Sec. 38-1. State law adopted.
Subject to provisions of Florida Statute §100.3605, Al-l 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.
Sec. 38-2. City Commission to perform duties of County Board of
Commissioners.
Subject to provisions of Florida Statute §100.3605, +!he sCity sCommission shall
perform all acts in relation to general sCity elections which, by the s~tate law, are
made the duty of the aBoard of sCounty sCommissioners.
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 sCity, the sCity sCommission 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 sCity sCommission shall further authorize and direct the sCity sCierk 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
sCounty sSupervisor of eEiections shall designate another polling place in the
manner provided by sState law.
2
Sec. 38-4. Canvass of Returns; Installation of New Officers.
On the first business day immediately following the County Elections
Supervisor's issuance of final election results, t+he eCity eCommission 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 tho c.Qity
cQ.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 rRun-oOff oEiection be necessary, new officers shall be declared
elected subsequent to canvass of final General oEiection returns on the first
Wednesday 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 rRun-eOff oEiection is necessary, all new officers shall be
declared elected subsequent to canvass of final rRun-eOff oEiection returns en
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 rRun-
oOff oEiection is necessary, the eCommission meetinglli.l occurring on the first
Wednesday 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 cCity 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
oEiections required to be performed under this Code, the eCity Charter, the
cCounty 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
oEiections 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.
~Pursuant to F.S. § 100.3605(1 ), it is hereby provided that commencing with
the November 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
3
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; with early voting to occur on the Saturday
and Sunday immediately preceding any run off election.
(a) Pursuant to Florida Statute §101.657(1 )fft} (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 §1 01.657(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 Electionf 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 §101.657, exclusive of
paragraph (1 )(d) thereof, shall continue to apply to the cCity's gGeneral, rRun-
oOff and s§pecial eEiections as provided by law.
(e) The GCity cCommission may, by resolution, adopted in advance of a
gGeneral, rRun-oOff or sSpecial eEiection that is not held in conjunction with a
County or State election per subsection (a) above, alter the site§. and/or
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.
4
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.
Sec. 38-7. Petitions.
Each signer of an initiative, referendum or recall petition submitted pursuant to
Article VII of the City Charter or Florida law, shall place thereon, his or her name
(both printed and signed), his or her street address including City and State, his
or her date of birth or voter registration number, and the date on which he or she
signed the petition. Each person circulating a copy of the petition shall attach to
it a statement confirming that the circulator personally witnessed each person
whose signature appears on the petition personally sign the petition on each of
the respective dates set forth therein.
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.
5
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
MAYOR MATTI HERRERA BOWER
APPROVED AS TO
FORM & LANGUAGE
& FO XECUTION
F \A TTO\TURN\ORD!Nt\NC\Amending Chapter 38 regarding Elections and Petitions.docx
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