Res No 020-21-15640RESOLUTION NO. 020-21-15640
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida relating to a Special Election to fill an un-expired tenn of the City
Commissioner for Group III; scheduling the day, place and time of the election;
providing for qualification of candidates; providing for close of election books;
approving the sample ballot; providing for notification.
WHEREAS, on February 23, 2021, Vice Mayor Robert C. Welsh, Jr. passed away, thus
creating a vacancy in the office of Commissioner Group III for an un-expired term ending
November 5, 2024; and
WHEREAS, Article II Section 4 B. 2 of the City of South Miami Charter provides that in
the event a vacancy occurs more than nine months prior to the next general election, the
Commission shall have no power to fill the vacancy and the unexpired term shall be filled by a
special election being held not less than 30 days nor more than 60 days after the vacancy exists;
and
WHEREAS, Article V Section 1 B of the City of South Miami Charter states "The City
Clerk shall certify ... no less than 60 days prior to a duly scheduled election; this provision of the
Charter doesn't work for this vacancy since the special election must take place within 60 days
of vacancy; and
WHEREAS, Article V of the Charter also states the qualified elector must have
continuously resided in the City for at least one (1) year immediately before the date of the
election and shall pay an election assessment fee in addition to a qualifying fee of $1 00.00; and
WHEREAS, the City Commission wishes to schedule a Special Election for the purpose
of electing a Commissioner for Group III for an un-expired term ending November 5, 2024, to be
held Tuesday, April 20, 2021; and
WHEREAS, the Charter provides that no person who has forfeited an office on the
Commission shall be qualified to run for office to fill the vacancy created by the forfeiture; and
WHEREAS, the Charter requires the City Commission of the City of South Miami to
schedule the day, place and time of the special election; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confinned as being true and
they are incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City of South Miami will hold a Special Election on Tuesday, April
20, 2021 to elect (I) Commissioner to serve an un-expired tenn created by a vacancy in Group
III, ending November 5,2024.
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Res. No. 020-21-15640
Section 3. The qualifying period for this election will be March 8, 2021 through
March 12, 2021, and the hours will be from 9:00 a.m. to 5 :00 p.m. sharp. The special election
Candidates must qualify in person at the office of the City Clerk, 6130 Sunset Drive, South
Miami, Florida and be certified by the City Clerk as having met the following conditions:
(1) Exhibit to the Clerk proof that he or she is qualified elector of the City of South
Miami and has continuously resided in the City of South Miami in a structure designated
as residential property for at least one (l) year immediately before the date of the
election.
(2) Pay the Clerk, at the time of qualifying for office, an election assessment fee in
addition to a qualifying filing fee of $100 paid. The requirements to pay an election
assessment fee and a qualifying fee may be waived as provided by state law.
(3) Take a sworn oath given by the City Clerk stating that:
He/she is a candidate for the office of , he/she
is a qualified elector of Miami-Dade County, Florida, and the City of South
Miami; and he/she is qualified under the Constitution and the laws of Florida, and
the Charter of the City of South Miami to hold the office to which he/she desires
to be elected; he/she has taken the oath required by Florida Statutes; he/she has
not violated any of the laws of the State relating to elections or the registration of
electors; he/she has qualified for no other public office in the State the term of
which office or any part thereof runs concurrent with the office he/she seeks;
he/she has resigned from any office he/she is required to resign pursuant to SSe
99.012, Florida Statutes; and he/she has submitted a sworn statement of
contributions and expenditures, if any incurred, prior to the time of qualifying and
since the last preceding general election.
Section 4. Voting will be conducted at City Hall in the City Commission Chamber,
6130 Sunset Drive, South Miami, Florida. The polls will open precisely at 7:00 a.m., and close
precisely at 7 :00 p.m.
Section 5.
ordinance.
Section 6.
The official ballot for the 2021 special election IS annexed to this
The election books must close by March 22, 2021.
Section 7. The City Clerk must publish notice of such special election on the fifth
and the third week preceding the special election in a newspaper of general circulation in South
Miami. The notice shall contain the date, time, and place of the special election and identify the
Commission Group.
Section 8. This Special Election will be canvassed by the Miami-Dade County
Supervisor of Elections, or hislher designee.
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Res. No. 020-21-15640
Section 9. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 10. Severability . If any section clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this resolution.
Section 11 . Effective Date . This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 2ND day of March , 2021.
ATTEST : APPROVED:
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Philips:
EXECUTION ;:;~
ATTORNEY :t-f
Commissioner Harris:
Commissioner Liebman:
Commissioner Gil:
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4-0
Yea
Yea
Yea
Yea
Res. No. 020-21-15640
ELECTION BALLOT
CITY OF SOUTH MIAMI SPECIAL ELECTION
April 20, 2021
COMMISSIONER -GROUP III
Vote for one (1)
The polls will be opened on Tuesday, April 20, 2021 from 7:00 a.m. to 7:00 p.m., at City Hall, City Commission
Chambers, 6130 Sunset Drive, South Miami, FL.
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City Commission Agenda Item Report
Meeting Date : March 2 , 2021
Submitted by : Nkenga Payne
Submitting Department City Clerk
Item Type : Resolution
Agenda Section :
Subject:
Agenda ~em No :2.
A Resolution of the Mayor and City Commission of the City of South Miami , Florida relating to a Special Election
to fill an un-expired term of the City Commissioner for G roup III ; scheduling the day , place and time of the
election ; providing for qualification of candidates ; providing for close of election books ; approving the sample
ballot ; providing for notification. 3/5 (City Clerk)
Suggested Action:
Attachments :
Resolution 2021 Specia l El ectionCArev.doc
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