R7G-Canvassing Board Membership Appointments For Citys November 3 2015 ElectiondD
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OFFICE
I\,tlA,\AIBEACH
OF THE CIry ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY
MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
COMMISSION MEMORANDUM
TO:
F'ROM:
DATE:
RAUL J. AGUTLA } *-!* 0 *' \-'
CITY ATTORNEY
SEPTEMBER 30,2015
SUBJECT: CANYASSING BOARD MEMBERSHIP
NOVEMBER 3, 2015 GENERAL, SPECIAL (AND, IF
RUNOFF) ELECTTONS.
APPOINTMENTS FOR CITY'S
NEEDED, NOVEMBER 17, 2015
The City of Miami Beach's General Election and Special Election is scheduled for November
3, 2015, with any Runoff Election to occur on November 17, 2015. The City is required by
State Election law to designate a Canvassing Board for its November 2015 Elections, which
Board has the responsibility of canvassing absentee ballots as well as overseeing the conduct of
said Elections.
The Board is statutorily composed of the City Clerk, the City's Mayor (or a member of the City
Commission), and a County Court Judge to be appointed by the Chief Judge of the 11ft Judicial
Circuit. Canvassing Board members may not be candidates with opposition in the City's
General or Run-Off Elections, nor may they be active participants in the campaign or
candidacy of any candidate with opposition in said Elections.
Inasmuch as the Mayor is a candidate with opposition in the City's General Election, he may not
serve on the City's Canvassing Board, nor may any of the City Commissioners if they are active
participants in the campaign or candidacy of any candidate with opposition in the City's
General/Runoff Elections.
If none of the members of the City Commission are able to serve on the Canvassing Board, the
Chief Judge of the 1ltr Judicial Circuit must appoint a qualified electorl of the City to serve as a
"substitute member." Additionally, as a result of 2013 Legislative changes to State law concerning
composition of the Canvassing Board, two additional persons must be selected to serve as
"alternative" Canvassing Board members. One "alternative" Canvassing Board member must be
I A "qualified elector" is a resident of the City of Miami Beach, over the age of 18, who is a registered
voter with the Miami-Dade County Elections Department.
Agenda tHm R7 G
oate 730- l{933
appointed by the Mayor (selecting either a member of the City Commission or, if none available, a
qualified elector); one other "alternative" member must be appointed by the Chief Judge of the 1lth
Judicial Circuit (selecting a County Court Judge).2
Accordingly, I recommend that the following City Commission actions occur today:
. Appointment by the City Commission of one City Commissioner to serve as a oosubstitute"
member of the Canvassing Board (City Commissioner cannot be active participant in the
campaign or candidacy of any candidate with opposition in the General/Runoff Elections). In
the event no member of the City Commission is able to serve on the Canvassing Board, Chief
Judge Bertila Soto shall select a qualified elector of the City to serve thereon;3 and
. Appointment by the Mayor of an 'oalternative" member of the Canvassing Board, a
consisting of either a member of the City Commission or (if none available to serve) a
qualified elector of the City (neither of whom may be candidates with opposition in the
City's General/Runoff Elections, or may be active participants in the campaign or candidacy
of any candidate with opposition in said Elections).
Once the above actions have been taken, I will contact Chief Judge Soto in order to frnalize
Canvassing Board appointments, after which I will provide the City Commission, via Letter to
Commission, with the final list of persons appointed to the City's Canvassing Board for the City's
November 201 5 Elections.
2 ulf a member of the [City] canvassing board is unable to participate in a meeting of the board, the chair
of the [City] canvassing board or his or her designee shall designate which alternate member will serve as
a member of the board in the place of the member who is unable to participate at that meeting."
$ 102. 1 4 l(1)(e)3, Fla. Stat.
3 Although not binding, the City Commission may provide suggested names of "qualified electors" to the
Judge.
o In the event the Mayor does not select such alternative member, the Chief Judge shall select a qualified
elector of the City to serve in such capacity.
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