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