Res No 156-10-13190RESOLUTION NO. 156-10-13190
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, endorsing the establishment of the constitutional
standards contained in FairDistricts Amendments 5 and 6 and
disapproving Amendment 7; and providing an effective date.
WHEREAS, the City of South Miami has a great interest in ensuring that
Legislative and Congressional district lines are drawn fairly and that all Florida voters
have a meaningful opportunity to select their representatives of choice; and
WHEREAS, FairDistricts Amendments 5 and 6, which will appear on the
November, 2010 ballot, will establish fairness standards to be applied when Legislative
and Congressional district lines are drawn; and
WHEREAS, the above mentioned fairness standards, while embedding voting
rights of racial and Language minorities in the Florida Constitution, will prohibit the
drawing of district lines to intentionally favor a political party or incumbent, require that
districts be contiguous and to the extent possible that districts be compact and adhere to
existing local boundaries; and
WHEREAS, the City of South Miami believes that adherence to the standards
being proposed by FairDistricts Amendments 5 and 6 will bring great benefit to all
citizens of our city and of our state; and
WHEREAS, the Florida Legislature has, in an effort to retain its power to draw
districts to favor incumbents and political parties, voted to place Amendment 7 on the
November ballot; and
WHEREAS, Amendment 7 is a deceptive attempt to fool Florida voters as to its
chief purpose and effect,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City of South Miami favors, approves and endorses, the
establishment of the constitutional standards contained in FairDistricts Amendments 5
and 6 and disapproves of Amendment 7. The City of South Miami urges all Florida
voters to vote YES on FairDistricts Amendments 5 and 6 and NO on Amendment 7.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 3rd DAY OF August 2010.
ATTEST:
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APPROVED:
Res. No. 156 -10 -13190
4&PL
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
LAURENCE FEINGOLD
CITY ATTORNEY
f &4i
MAYO
COMMISSION VOTE: 4 -0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: out of room
W:\My Documents \resolutions \Resolution endorsing a mendment.stoddard.doc
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AMENDMENT 5
STANDARDS FOR LEGISLATURE TO FOLLOW IN LEGISLATIVE REDISTRICTING
BALLOT SUMMARY: Legislative districts or districting plans may not be drawn
to favor or disfavor an incumbent or political party. Districts shall not be drawn to
deny racial or language minorities the equal opportunity to participate in the
political process and elect representatives of their choice. Districts must be
contiguous. Unless otherwise required, districts must be compact, as equal in
population as feasible, and where feasible must make use of existing city, county
and geographical boundaries.
Full text: In establishing Legislative district boundaries: (1) No apportionment plan or
district shall be drawn with the intent to favor or disfavor a political party or an
incumbent; and districts shall not be drawn with the intent or result of denying or
abridging the equal opportunity of racial or language minorities to participate in the
political process or to diminish their ability to elect representatives of their choice; and
districts shall consist of contiguous territory. (2) Unless compliance with the standards in
this subsection conflicts with the standards in subsection (1) or with federal law, districts
shall be as nearly equal in population as is practicable; districts shall be compact; and
districts shall, where feasible, utilize existing political and geographical boundaries. (3)
The order in which the standards within sub - sections (1) and (2) of this section are set
forth shall not be read to establish any priority of one standard over the other within that
subsection.
AMENDMENT
STANDARDS FOR LEGISLATURE TO FOLLOW IN CONGRESSIONAL
REDISTRICTING BALLOT SUMMARY: Congressional districts or districting plans
may not be drawn to favor or disfavor an incumbent or political party. Districts
shall not be drawn to deny racial or language minorities the equal opportunity to
participate in the political process and elect representatives of their choice.
Districts must be contiguous. Unless otherwise required, districts must be
compact, as equal in population as feasible, and where feasible must make use of
existing city, county and geographical boundaries.
Full text: In establishing Congressional district boundaries: (1) No apportionment plan
or individual district shall be drawn with the intent to favor or disfavor a political party or
an incumbent; and districts shall not be drawn with the intent or result of denying or
abridging the equal opportunity of racial or language minorities to participate in the
political process or to diminish their ability to elect representatives of their choice; and
districts shall consist of contiguous territory. (2) Unless compliance with the standards in
this subsection conflicts with the standards in subsection (1) or with federal law, districts
shall be as nearly equal in population as is practicable; districts shall be compact; and
districts shall, where feasible, utilize existing political and geographical boundaries. (3)
The order in which the standards within sub - sections (1) and (2) of this section are set
forth shall not be read to establish any priority of one standard over the other within that
subsection.
Amendment 7
According to the Florida Department of Elections the summary of the measure read as
follows:[121
In establishing congressional and legislative district boundaries or plans, the state shall
apply federal requirements and balance and implement the standards in the State
Constitution. The state shall take into consideration the ability of racial and language
minorities to participate in the political process and elect candidates of their choice, and
communities of common interest other than political parties may be respected and
promoted, both without subordination to any other provision of Article Ill of the State
Constitution. Districts and plans are valid if the balancing and implementation of
standards is rationally related to the standards contained in the State Constitution and is
consistent with federal law.