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07-29-08 Item 13South Miami N Ali- America City INCORPORATED • CITY OF SOUTH MIAMI 4t o 2,0° OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM zao� To: The Honorable Mayor, Vice Mayor and City Commissioners From: Jay Beckman, City Commissioner Via: Maria M. Menendez, City Clerk Date: July 22, 2008 ITEM No. SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 9, "ELECTIONS," SECTIONS 9 -1, 9 -1.1., 9 -2, 9 -3, 9 -6, 9 -7, 9- 8, AND 9 -10, IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. STAFF'S OBSERVATIONS Of all chapters in the Code, this is probably the most outdated. As you will see, people no longer engage in "duels" (Sec. 9 -1), and the City's polling place for all municipal elections is the Commission Chamber, not the Sylva Martin Building (Sec. 9 -3). All other updates are summarized below. Both Commissioner Beckman and the City Attorney have reviewed the proposed amendments. The following is a summary of the main proposed amendments: 1) Page 1, lines 36 -38; 2) Page 2, lines 1 -3, 21, and 25 -27; 3) Page 3, lines 1 -6, 12 -32, 36 -37 and, 42 -43; 4) Page 4, lines 1 -11. Copies of the particular sections of the Code and Charter are attached as backup for reference. Documentation: Draft Ordinance Charter Art. V F. S. 101.6105 Code of Ordinances Chapter 9 WAMy DocumentsVesolutionsWemO Ordinance.Code amend ch 2 art II.doc I ORDINANCE NO. 2 3 4 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 5 THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO 6 AMENDING THE CITY'S CODE OF ORDINANCES CHAPTER 9, 7 "ELECTIONS," SECTIONS 9 -1, 9 -1.1., 9 -2, 9 -3, 9 -6, 9 -7, 9 -8, AND 9 -10, 8 IN ORDER TO BRING THE CODE UP TO DATE, AND TO BE 9 CONSISTENT WITH THE CITY'S CHARTER ARTICLE V. AND 10 WITH FLORIDA STATUTES CHAPTER 101; AND EDITING THE 11 ORDINANCE TO CORRECT SCRIVENERS ERRORS; PROVIDING 12 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND. AN 13 EFFECTIVE DATE. 14 15 WHEREAS, the City's current Code of Ordinances provides procedures for the 16 general and special elections of the City; and, 17 18 WHEREAS, the Mayor and City Commission desire to amend its code in order to 19 bring it up to date; and 20 21 WHEREAS, the Mayor and City Commission desire to amend its code in order to 22 be consistent with the City's Charter Article V and with Florida Statutes Chapter 101. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: 26 2', Section 1. Chapter 9, of the City's Code of Ordinances, entitled "Elections," 2� Sections 9 -1, 9 -1.1., 9 -2, 9 -3, 9 -6, 9 -7, 9 -8, and 9 -10 of the Code of Ordinances of the A City of South Miami is being amended as follows: 33 3 Chapter 9 3 31 Sec. 9 -1. State Election Code adopted for municipal elections. 3511 All general and special elections held in the City of South Miami, Florida, shall be 39 held and conducted in accordance with the provisions of Chaptef 4328 Laws of Fier-id.,, 37, Aets- 189-5, State Laws and/or the Metropolitan Dade County Home Rule Amendment 3� and Charter, except as specified in the City's Charter, and the acts amendatory thereof 3 and supplementary thereto, as nearly as practicable; provided, that the city commission 4( shall perform all acts in relation to such general land special election, which by state law 4 � is made the duty of the county commissioners. Provided that no .person under 42 guardianship, idiotic or insane, convicted of felony, nor any person convicted of bribery, 43 perjury or larceny, or of any infamous crime, or being interested in any bet or wager, the Additions shown by underlining and deletions shown by ever- *f.g. Page 1 of 4 10 1) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4' 4� 43 result of which shall depend upon any election; of of fighting a duel, of of sending-Of k:ae,AMiigIy eaffying of ae-e.,ting a ehallenge to fight a duel, ef being a seeend to either- and not restored to civil rights shall be qualified to vote at any such election. Sec. 9 -1.1. Charter amendment elections. Pursuant to the requirements of section 5.03 of the Home Rule Charter of Miami - Dade County, Florida, the procedure for the drafting or having drafted of a proposed charter, amendment, revocation, or abolition of the government of the city, shall be by the method of: (1) Accepting for submission to referendum any draft of a proposed charter, amendment, revocation or abolition contained in a petition certified to contain the signatures of ten (10) per cent of the qualified electors of the city. (2) Having prepared by the city attorney and approved by the city commission (either with or without the prior preparations and approval of a charter board or committee), a resolution or resolutions calling referenda providing for the adoption, amendment or revocation of the charter to the city or to abolish its existence which shall be submitted to the electors of the city. (3) That alternative proposals may be submitted to the electors. (4) That unless an election occurs not less than 60 nor more than 120 da sy after the draft is submitted, the proposal shall be submitted at a special election within that time. (5) That a public hearing to be held on the proposed amendments, revocation or abolition of the charter, not less than sixty (60) days before the election. (6) That copies of any proposed amendment or amendments shall be made available to the electors not less than thirty (3) days before the election. (7) That each proposal approved by a majority of the electors voting on such proposal shall become effective at the time fixed in the proposal. (8) That a copy of each approved amendment shall be certified by the city clerk and. filed with the Clerk of the Circuit Court in and for Miami -Dade County, Florida. Sec. 9 -2. Qualifications of electors. Additions shown by underlining and deletions shown by °u°� g. Page 2 of 4 i Any person who shall posse thrzI___ fieafio requisite to 1 t _ __ state 1V11J LV �r ' (s 3 preceding any ele is a duly registered voter of Miami -Dade County and who has been a legal resident of the City of South Miami for a period of no less than thirty (30) days immediately preceding the date of the election and shall have been registered in the 6 registration book of the eity Miami -Dade County shall be a qualified elector of the city. 7 Sec. 9 -3. Polling places; appointment and certificate of election inspectors and clerk of inspection. 10 11 The polling place for all general and special elections for the city, unless otherwise 12 specially provided for, shall be at the City Hall 13 Commission Chamber, 6130 Sunset Drive_ and the *� ,,�,,;,;��; ,fi shall + three 1 1.11V J' e0in iiss 14 15 16 17 City e0mmi -vision boa 18 See. 9 6. Reglstr-alfie 19 20 21 fegistffftien beeks of the eity at any time fiet latef than thifty (30) days pfevieus to 22 23 24 25 See. 9 7. Same Open and elesing dates, oath and identifleation of eleetor for 26 . 27 28 29 s of seetion (4) and subseefiens --A 'I-) ef seetion (5) of Florida Statute 30 M5 A ielating to registfatien books for- a pefffiatien, L�r'la'_LUTX�11 O.Ya-t;-_�when open, 31 when elesed, 32 Florida Statute 97.05 ! felating to eath fequifed when registering. 33 34 Sec. 9 -8. Absentee voting; provisions of state law adopted for same. 35 36 Pursuant to authority contained in Section 101.70, 101.6105 Florida Statutes, 37 49-5-,2, the city hereby adopts the provisions of Chapter 101 relating to absentee voting for 38 the purpose of entitling registered voters of the city to participate in elections in the city. 39 40 Sec. 9 -10. Runoff elections 41 42 in the event no eandida-te€er- yef shall f - - -i ijerity of the votes- e-ast-rfe 43 Additions shown by underlining and deletions shown by everstrri Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 In the event of a tie vote, runoff elections shall be held if necessary, within thirty (30) days from the date of the canvass of the votes cast at the regular elections Section 2. If any section, clause, sentence, or phrase of this ordinance 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 ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified and included in the Code of Ordinances. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this day of 52008. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY. WAN4y Documents\resolutions \Ordinance code updating.Ch 9 elections.doc APPROVED: MAYOR 1St Reading — 2nd Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: Additions shown by underlining and deletions shown by ewerst Page 4 of 4 11.9 -: M - ;. In the event of a tie vote, runoff elections shall be held if necessary, within thirty (30) days from the date of the canvass of the votes cast at the regular elections Section 2. If any section, clause, sentence, or phrase of this ordinance 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 ordinance. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be codified and included in the Code of Ordinances. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this day of 52008. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY. WAN4y Documents\resolutions \Ordinance code updating.Ch 9 elections.doc APPROVED: MAYOR 1St Reading — 2nd Reading — COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: Additions shown by underlining and deletions shown by ewerst Page 4 of 4 ARTICLE IV (Cont'd) F. Performance -based audit. The City Commission shall require a performance -based audit for each department at least once every five years. (Amended 2/8/00) ARTICLE V. Elections SECTION 1. Qualifications A. Voters: Any person who is a duly registered voter of Miami -Dade County and who has been a legal resident of the City of South Miami for a period of no less than thirty (30) days immediately before the date of the election. B. Candidates: The City Clerk shall certify that a candidate for election to the Office of the Mayor or Commissioner, no more than 42 days nor less than 28 days prior to a duly scheduled election has: (1) Exhibited 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 (1) year immediately before the date of the election. (Amended 2/8/00) (2) Each person seeking to qualify for nomination or election to a municipal office shall pay, at the time of qualifying for office, an election assessment fee in addition to a qualifying filing fee of $100 paid to the City Clerk. The requirements to pay an election assessment fee and a qualifying fee may be waived as provided by state law. (Amended 2/8/00) (3) Taken the following prescribed sworn oath: "I hereby accept the nomination for Mayor /Commissioner, and agree to serve, if elected, and further that I hereby make the following oath: State of Florida County of Dade. Before me, an officer authorized to administer oaths, personally 21 SOUTH A4IAMI CITY CHARTER AMENDED 2/14106 ARTICLE V (Cont'd) appeared to me well known, who, being duly sworn, says that he /she is a candidate for the office of r that he /she is a qualified elector of Miami -Dade County, Florida, and the City of South Miami; and that 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 nominated or elected; that he /she has taken the oath required by ss. 876 -05- 876.10, Florida Statutes; that he /she has not violated any of the laws of the State relating to elections or the registration of electors; that he /she has qualified for no other public office in the State the term of which office or any part thereof runs concurrent (with that of) the office he /she seeks; that he /she has resigned from any office (from) which he /she is required to resign pursuant to ss. 99.012, Florida Statutes; and that 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. Signature of Candidate Address Signature and Title of person administering oath (4) No appointed officer or employee of the City of South Miami, shall be certified for nomination of any elected position in the City of South Miami. (5) Any official of the City of South Miami who is elected or appointed to any office and qualifies for an elective office outside the City of South Miami shall forfeit his (her) office by the fact of such qualification. (6) No person shall be certified for nomination to an elective office in the City of South Miami who concurrently has qualified for nomination of or is concurrently holding an elective office outside the City of South Miami. (7) Any person who qualifies for an elective office outside the City of South Miami after having qualified for an elective office in the City of South Miami shall by the fact of such 22 SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 ARTICLE V (Cont'd) qualification become disqualified for nomination in the City of South Miami and his (her) name shall be stricken from the ballot. SECTION 2. General Elections. A. Time General elections for the Commission shall be held during February of each even year, the day, place and time to be set by ordinance, at which time the Mayor shall be elected to a term of two years and two Commissioners shall be elected to terms of four years. (see Art.II, Sec.2) B. Mode The office of the Mayor and Commission seats shall be filled on the basis of the highest number of votes received by the candidates. 'At each general or special election where there are at least two (2) Commissioners to be elected, the election shall be conducted on a group basis for,each member of the City Commission to be elected. Each Commission seat to be filled at said election shall be designated numerically, and each candidate for the City Commission. shall designate in which numerical grouping he or she is to be a candidate. No candidate'shall run for office in more than one numerically designated group. C. Unopposed candidates The names of all unopposed candidates shall be placed on the ballot. The votes for unopposed candidates shall be counted and published. (Amended 2/8/00) SECTION 3. Special Elections As prescribed under Article II, Section 4B. SECTION 4. Runoff Elections In the event of a tie vote, runoff elections shall be held, if necessary, within thirty (30) days from the date of the canvass of the votes cast at the regular elections. SECTION 5. Procedures A. Provisions The City Commission shall provide, by ordinance, for the procedures of elections not inconsistent with Sate Laws and /or the Metropolitan Dade County Home Rule Amendment and Charter, except as specified herein. B. Canvassing Committee Upon the closing of the polls and the casting of the ballot by the last person then entitled to 23 SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 ARTICLE V (Cont'd) vote, the Canvassing Committee, comprised of the majority of the Commission and the City Clerk, shall publicly record the results of the election and proceed to tabulate the absentee ballots and certify the results. (See Art. II, Sec. 2) C. Installation At 8:00 P.M. on the day following any City election in the City of South Miami, the Commission shall meet in special session for the sole purpose of receiving the certified report of the Canvassing Committee and thereupon the installing officer, selected by the duly elected incoming Mayor, shall install the newly elected Mayor and Commission members after they shall have taken the prescribed oath of office. D. Oath of Office Every officer of the City shall, before entering upon the duties of his or her office, take and subscribe to the following oath or affirmation to be filed and kept in the office of the City Clerk. "I solemnly 'swear (or affirm) that I will support the constitution and will obey the laws of the United States and of the State of Florida; that I will, in all respects, observe the provisions of the Charter and the Ordinances of the City of South Miami and will faithfully discharge the duties of the Office of SECTION 6. Initiative and Referendum A. General Authority (1) Initiative The qualified voters of the City shall have power to propose ordinances to the Commission and, if the Commission fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees. (2) Referendum The qualified voters of the City shall have power to require reconsideration by the Commission of any adopted ordinance and if the Commission fails to repeal an ordinance so reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the budget or 24 SOUTH MIAMI CITY CHARTER AMENDED 2/14106 ARTICLE V (Cont'd) capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. B. Commencement of Proceedings, Petitioners; Committee; A -F-F-i r?a tr 4 t A minimum of 100 qualified votes may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the Commission are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the City Clerk shall issue the appropriate petition blanks to the petitioners' committee. C. Petitions (1) Number of signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least 150 of the total number of qualified voters registered to vote in the last regular City election. (2) Form and Content All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (3) Affidavit of Circulator Each paper of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof, stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, the he or she believes them to be the genuine signatures of the persons whose names they purported to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. 25 SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 ARTICLE V (Cont'd) (4) Time for Filing Initiative or Referendum Petitions Petitions must be filed within thirty (30) days after the Commission has failed to adopt a proposed ordinance or failed to reconsider an adopted ordinance when requested to do so. D. Procedure after Filing. (1) Certificate of Clerk; Amendment. Within ten (10) days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once ' if . the petitioners' committee files a notice of intention to amend it with the Clerk within two days after receiving the copy of his or her certificate, and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Within five (5) days after such 'supplementary petition is filed, the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail. If a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Commission review under subsection 2, below, within the time required, the Clerk shall promptly present his or her certificate to the Commission and the certificate shall then be a final determination as to the insufficiency of the petition. (2) Commission Review If a petition has been certified insufficient and the petitioners' committee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days, after receiving the copy of such certificate, file a request that it be reviewed by the Commission. The Commission shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Commission's determination shall then be a final determination as to the sufficiency of the petition. However, the Commission shall not declare a petition to be insufficient unless the findings of the City Clerk are illegal or are factually in error. 26 SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 ARTICLE V (Cont'd) (E) Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition; or (2) The petitions' committee withdraws the petition; or (3) The Commission repeals the ordinance. (F) Actions on Petitions (1) Action by Commission When an initiative or referendum petition has been finally determined sufficient, the Commission shall promptly consider the proposed initiative ordinance in the manner provided in Article II or reconsider the referred ordinance by voting its repeal. If the Commission fails to take action on a proposed initiative ordinance without any change in substance within thirty (30) days or fails to repeal the referred ordinance within thirty (30) days after the date of the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City. (2) Submission to Voters Such City election on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than seventy five (75) days from the date of the final Commission vote thereon. If no regular City election is to be held within the period prescribed in this subsection, the Commission shall provide for a special election otherwise the vote shall be held at the same time as such regular election. Copies of the proposed or referred ordinance shall be made 'available at the polls, and at City Hall at least fifteen (15) days prior to the election thereon. .(3) Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the tenth day preceding the day scheduled for a vote by the electors by filing with the City Clerk a request for withdrawal signed by at least twenty (20) members of the petitioners' committee. Upon filing such request the petition shall have no further force. or effect and all proceedings thereon shall be terminated. 27 SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 ARTICLE V (Cont'd) (G) Results of Election (1) If 150 of the qualified electors vote on a proposed initiative ordinance and a majority vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (2) If 150 of the qualified electors vote on a referred ordinance and a majority vote against it, it shall be considered repealed on certification of the election results. (3) An ordinance adopted by the electorate through initiatory proceedings shall not be amended or repealed by the Commission for a period of one year after the election at which it was adopted but thereafter it may be amended or repealed by a 4/5 vote. (4) After a referendum petition has been filed, if the Commission repeals the ordinance involved before the petition is vote on by the electorate, then the Commission may not reconsider such ordinance for a period of one (1) year after its repeal. (H) Recall A Commission member may be recalled as provided by state law. (Amended 2/8/00) SECTION 1. ARTICLE VI GENERAL PROVISIONS Conflict of Interest The City Commission shall, by ordinance, enact a conflict of interest ordinance, which shall be at least equal to the standards of conduct for public officers and employees as set forth in the state statutes and the Miami -Dade County code. A Commission member may not serve as a voting member of any board that reports to the Commission. (Amended 2/8/00) 28 SOUTH MIAMI CITY CHARTER AMENDED 2/14/06 Statutes & Constitution :View Statutes :- >2005- >Ch0101- >Section 6105 : flsenate.gov Page 1 of 1 Select Year: '2005 The 2005 Florida Statutes IN Title IX Chapter 101 yiew_Entire,Chapter ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE 101.6105 Absentee voting.- -The provisions of the election code relating to absentee voting and absentee ballots shall apply to elections under ss. 1.0�61.O1- 101.6107 only insofar as they do not conflict with the provisions of ss. 10t _6101_- 101.6107.. History. - -s. 1, ch. 87 -364. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000 -2005 State of Florida. http: / /www.flsenate. gov/ Statutes /index.cfm ?p =2& App _mode= Display_Statute &Search_St... 7/13/2006 Chapter 9 ELECTIONS* Sec. 9 -1. State Election Code adopted for municipal elec- tions. All general and special elections held in the City of South Miami, Florida, shall be held and conducted in accordance with the provisions of Chapter 4328, Laws of Florida, Acts 18951', and the acts amendatory thereof and supplementary thereto, as nearly as practicable; provided, that the city commission shall perform all acts in relation to such general land special election, which by state law is made the duty of the county commissioners. Provided that no person under guardianship, idiotic or insane, convicted of felony, nor any person convicted of bribery, perjury or larceny, or of any infamous crime, or being interested in any bet or wager, the result of which shall depend upon any election; or of fighting a duel, or of sending or knowingly carrying or accepting a challenge to fight a duel, or being a second to either party to a duel, and not restored to civil rights shall be qualified to vote at any such election. (Ord. No. 19, 12 -7 -26, § 3) Sec. 9 -1.1. Charter amendment elections. Pursuant to the requirements of section 5.03 of the Home Rule Charter ofDade County, Florida, the procedure for the drafting or having drafted of a proposed charter, amendment, revocation, or abolition of the government. of the city, shall be by the method of- (1) Accepting for submission to referendum any draft of a proposed charter, amendment, revocation or abolition contained in a petition certified to contain the signatures of ten (10) per cent of the qualified electors of the city. *Cross references— Administration, Ch. 2; political signs, § 3 -1. State law reference - -State Election Code, Chs. 97 -106, Florida Statutes. 'Editor's note—Chapter 4328, Laws of Florida 1895, has been incorporated in Chapters 97 -106, inclusive, Florida Statutes. Supp. No. 54 125 § 9 -1.1 SOUTH MIAMI CODE § 9 -3 (2) Having prepared by the city attorney and approved by the city commission (either with or without the prior prepa- rations and approval of a charter board or committee), a resolution or resolutions calling referenda providing for the adoption, amendment or revocation of the charter to the city or to abolish its existence. (3) That alternative proposals may be submitted to the electors. (4) That a public hearing to be held on the proposed amend- ments, revocation or abolition of the charter, not less than sixty (60) days before the election. (5) That copies of any proposed amendment or amendments shall be made available to the electors not less than thirty (30) days before the election. (6) That each proposal approved by a majority of the electors voting on such proposal shall become effective at the time fixed in the proposal. (7) That a copy of each approved amendment shall be certi- fied by the city clerk and filed with the Clerk of the Circuit Court in and for Dade County, Florida. (Ord. No. 651, § 1, 6- 10 -69) Editor's note—Ord. No. 651, § 1, amended this Code by adding a section designated "§ 9 -1 -A" which the editors redesignated as "§ 9 -1.1" to conform with the Code format. Sec. 9 -2. Qualifications of electors. Any person who shall possess the qualifications requisite to an election at general state elections, and shall have resided in the City of South Miami six (6) months next preceding any election, and shall have been registered in the registration book of the city shall be a qualified elector of the city. Sec. 9 -3. Polling places; appointment and certificate of election inspectors and clerk of inspection.. The polling place for all general and special elections for the city, unless otherwise specially provided for, shall be at the Sylva G. Martin Community Building, 6130 Sunset Drive and the city Supp. No. 54 126 C § 9-5 SOUTH MIAMI CODE § 9 -7 (c) The official ballot to be used at such general or special election shall be prepared by the city commission in the manner provided by the state law. (Ord. 193, 10 -4-49; Ord. No. 1599, § 2, 12- 19 -95; Ord. No. 1625, § 1,3-4-97) Sec. 9 -6. Registration books --City commission as revision board. The city commission may act as a revision board in correcting and revising the registration books of the city at any time not later than thirty (30) days previous to any election to be held in the city by a motion of the city commission duly passed at any regular meeting of the city commission or at any meeting called for this purpose. (Ord. 19, § 7, 12 -7 -26; Ord. 65, 6 -6 -33) Sec. 9 -7. Same —Open and closing dates, oath and identi- fication of elector for registration. Pursuant to authority of the applicable Florida Statutes, the city hereby adopts provisions of section (4) and subsections (a) and (b) of section (5) of Florida Statute 98.051 relating to registration books for a permanent registration system when open, when closed, and other rules and regulations concerning registration and elections, and Florida Statute 97.051 relating to oath required when registering. (Ord. No. 19, § 8, 12 -7 -26; Ord. 322, § 1, 3- 22 -55; Ord. No. 881, § 1,1-20-76) Supp. No. 54 128 000-m- § 9-8 ELECTIONS § 9 -11 Sec. 9 -8. Absentee voting; provisions of state law adopted for same. Pursuant to authority contained in Section 101.70, Florida Statutes, 1953, the city hereby adopts the provisions of Chapter 101 relating to absentee voting for the purpose of entitling registered voters of the city to participate in elections in the city. (Ord. 227, § 1, 1- 16 -51) Sec. 9 -9. Filling vacancy in candidacy. If a qualified candidate is prevented from fulfilling his candi- dacy by reason of death, withdrawal or removal from the ballot following the end of the qualifying period, and which leaves fewer than two (2) candidates for an office, the remaining candidate shall be deemed to have been elected to such office. In the event no candidates remain for office, a special election shall be held in accordance with the city's Charter. (Ord. No. 1598, § 1, 12- 19 -95) Sec. 9 -10. Runoff elections for mayor. In the event no candidate for mayor shall receive a majority of the votes cast for mayor in a general or special election, a runoff election shall be held on the second Tuesday following such general or special election. Runoff elections shall be conducted in the manner provided in this chapter except as follows: (a) The registration book shall not be reopened Prior to the runoff election; (b) Proclamation or notice of election shall be published once only not less than seven (7) days prior to such runoff election; and (c) Applications for absentee ballots shall be made at least seven (7) days prior to runoff election. (Ord. No. 747, § It 1- 18-72) Sec. 9 -11. Campaign contributions. No person, committee, corporation, or other entity shall make contributions to any candidate or political committee for any commission seat in the city in excess of two hundred fifty dollars ($250.00) per candidate. (Ord. No. 1475, § 1, 4- 16 -91) Editor's note- Ordinance No. 10 -91 -1475, adopted April 16, 1991, did not specifically amend the Code; hence, codification of § 1 of said ordinance as § 9 -11 was at the discretion of the editor. Supp. No. 57 129