_add-on a)Add-On Item a)
Sponsored by: Vice Mayor Welsh
City Commission Meeting: 8-02-16
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RESOLUTION NO. _________________ 1
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A Resolution instructing the City Attorney to investigate the constitutionality 3
of the Florida’s Voter ID law, the existence of any challenges to the law and 4
to investigate the availability of local constitutional lawyers interested in 5
challenging the law. 6
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WHEREAS, on Friday July 29, 2016, the federal Fourth Circuit Court of Appeals 8
overturned North Carolina's voter law concerning voter identification requirements including in-9
person showing of photo IDs, restrictions on early voting, elimination of provisional voting at the 10
wrong precinct, elimination of same day registration, and elimination of voter pre-registering of 11
young potential voters, while not requiring photo ID of absentee ballots (when the Court found 12
that white voters were more likely to vote absentee) were enacted with "racially discriminatory 13
intent" in violation of the Constitution and Voting Rights Act; and 14
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WHEREAS, the court, in the Fourth Circuit Court of Appeals case wrote that "We 16
cannot ignore the record evidence that, because of race, the Legislature enacted one of the largest 17
restrictions of the [voting] franchise in modern North Carolina history"; and 18
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WHEREAS, in July and August of 2016, a total of four federal appellate courts have 20
issued rulings against state voter identification laws; and 21
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WHEREAS, on July 20, 2016, a Fifth Circuit Court of Appeals panel ruled that Texas's 23
voter ID law was tainted with discriminatory animus; 24
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WHEREAS, a federal court softened the restrictions of a Wisconsin voter law on July 26
19, 2016; 27
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WHEREAS, on Monday, August 1, 2016, a federal District Court judge in North Dakota 29
barred that state from enforcing a voter ID law; and 30
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WHEREAS, voters in Florida are required to present photo and signature identification 32
on Election Day and, if a voter's photo ID does not display his or her signature, he or she will 33
need to supply a second form of identification that does; and 34
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WHEREAS, many people do not have alternative photo identification cards containing 36
their signature such as a United States passport, a debit or credit card, a military identification, a 37
student identification, a retirement center identification, a neighborhood association 38
identification, a public assistance identification, a veteran health identification card issued by the 39
United States Department of Veterans Affairs, a license to carry a concealed weapon or firearm 40
issued pursuant to s. 790.06 or an employee identification card issued by any branch, department, 41
agency, or entity of the Federal Government, the state, a county, or a municipality; and 42
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WHEREAS, possessors of old expired driver’s licenses do not meet the criteria of 44
possessing "valid" photo ID; and 45
Add-On Item a)
Sponsored by: Vice Mayor Welsh
City Commission Meeting: 8-02-16
Page 2 of 2
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WHEREAS, the State of Florida, following the terrorist attack on September 11, 2001, 2
increased the documentation necessary to renew Florida drivers' licenses; and 3
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WHEREAS, there exist citizens who are having a hard time getting documentation 5
necessary to acquire new Florida driver’s licenses. 6
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NOW, THEREFORE, BE RESOLVED BY THE MAYOR AND CITY 8
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 9
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Section 1. The City Attorney is hereby instructed to research whether a legal challenge 11
to Florida's voter ID law is presently working its way through the court system, to join in the 12
filing of an amicus curiae brief if one is appropriate, and, if there has not been a legal challenge 13
to the law, to contact local law schools to determine if there is an experienced constitutional 14
attorney who would be willing to challenge the law. 15
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Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 17
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 18
not affect the validity of the remaining portions of this resolution. 19
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Section 3. Effective Date. This resolution shall become effective immediately upon 21
adoption by the City Commission. 22
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PASSED AND ADOPTED this ____ day of _____________, 2016. 25
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ATTEST: APPROVED: 27
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_____________________ ______________________ 29
CITY CLERK MAYOR 30
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READ AND APPROVED AS TO FORM, COMMISSION VOTE: 32
LANGUAGE, LEGALITY AND Mayor Stoddard: 33
EXECUTION THEREOF Vice Mayor Welsh: 34
Commissioner Harris: 35
_____________________________ Commissioner Edmond: 36
CITY ATTORNEY Commissioner Liebman: 37
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