08-02-05 Item 14I 1 4
I ORDINANCE NO.
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5 AN ORDINANCE OF MAYOR AND CITY COMMISSION OF THE CITY
6 OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 9
7 "ELECTIONS" BY CREATING AND ENACTING CODE OF
8 ORDINANCE SECTION 9 -14, "EARLY VOTING"; EXEMPTING ALL
9 CITY ELECTIONS FROM THE PROVISIONS OF PARAGRAPH (1) (b)
10 OF FLORIDA STATUTES SECTION 101.657 CONCERNING EARLY
11 VOTING; AUTHORIZING A SHORTENED DURATION FOR EARLY
12 VOTING FOR CITY ELECTIONS; AUTHORIZING THE CITY CLERK
13 TO IMPLEMENT EARLY VOTING; PROVIDING FOR SEVERABILITY,
14 PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING FOR
15 AN EFFECTIVE DATE.
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17 WHEREAS, pursuant to Florida Statutes Section 100.3605 (1), municipalities may by
18 Ordinance, exempt themselves from provisions of the State Election Code which do not
19 expressly apply to municipalities; and,
20 WHEREAS, Florida Statutes Section 101.657 (1) (b), "Early Voting ", allows early
21 voting to be utilized, but does not expressly apply to municipalities; and,
22 WHEREAS, the City Commission of the City of South Miami has determined that it is
23 both appropriate and proper to exempt all municipal elections, commencing with the February
24 2006 election from the duration, hours of operation, and other early voting restrictions and
25 provisions provided in Florida Statutes Section 101.657 (1) (b), while still enabling the City to
26 provide for a sufficient, but shortened, schedule of early voting in advance of all such municipal
27 elections;
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
29 CITY OF MIAMI SPRINGS, FLORIDA:
30 Section 1. That Code of Ordinances Section 9 -14, Early Voting, is hereby created
31 and enacted as follows:
I Sec. 9 -14, Early Voting.
2 (A) Early Voting — The following provisions will apply to early voting in all
3 municipal elections:
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(1)
Pursuant to Florida Statutes Section 100.3605 (1), it is
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hereby provided that commencing with the February
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2006 municipal election, all municipal elections are
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hereby exempted from the provisions of Florida Statutes
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Section 101.657 (1) (b), which provides for early voting
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to begin on the fifteenth day before an election and end
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on the day before an election and provides other
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operational restrictions.
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(2)
In lieu of the above - described provisions of Florida
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Statutes Section 101.657 (1) (b), it is hereby established
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that early voting shall be provided on the Saturday and
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Sunday immediately before all municipal elections.
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(3)
Early voting shall be provided for up to eight (8) hours
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for each day on which early voting is established.
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(4)
The remaining paragraphs of Section 101.657, Florida
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Statutes, exclusive of paragraph (1) (b) thereof, shall
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continue to apply to all municipal elections, as provided
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by law.
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(5)
Notwithstanding the foregoing, the City Commission
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may; by Resolution, adopted in advance of any future
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municipal election, alter the days and times for early
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voting from that which is provided above.
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(B) Supervisor of Elections — The City Clerk, as the Supervisor of all
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municipal elections, is hereby authorized to take any action which is necessary or expedient to
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implement "early voting"
in accordance with the provisions of this ordinance and the
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requirements and procedures of the Miami -Dade County Elections Department.
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Section 2.
That all Ordinances or parts of Ordinances in conflict herewith are
37 hereby repealed insofar as they are in conflict
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I Section 3. That the codifiers are hereby directed to codify this Ordinance in
2 the proper manner and format of the City of South Miami Code of Ordinances.
3 Section 4. That this Ordinance shall take effect in the manner provided by
4 law.
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PASSED AND ADOPTED this
day of , 2005.
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ATTEST:
APPROVED:
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CITY CLERK
MAYOR
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1 st Reading —
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2 Reading —
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COMMISSION VOTE:
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READ AND APPROVED AS TO FORM:
Mayor Russell:
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Vice Mayor Palmer:
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Commissioner Wiscombe:
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CITY ATTORNEY
Commissioner Birts- Cooper:
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Commissioner Sherar:
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Page 1 of 2
Menendez, Maria
From: Acosta - Thatcher, Alicia (Elections) [soeaat @miamidade.gov]
Sent: Thursday, June 02, 2005 3:52 PM
To: 'MMenendez @cityofsouthmiami.net'
Cc: Townsley, Penelope (Elections)
Subject: RE: Early Voting
Hello, Maria:
Under the current law municipalities are required to conduct 15 days of early voting as required by the State. The
alternative is to pass an ordinance opting out of the State;s early voting requirements. You may decide to include
legislation to dictate your own early voting schedule for municipal elections.
Let me know if you wish electronic copies of ordinances from other municipalities on this issue.
Alicia Acosta- Thatcher
Assistant Supervisor of Elections /Operations
Miami -Dade Elections Department
2700 NW 87th Avenue
Miami, FL 33172
305 - 499 -8403 / 305 - 499 -8547 Fax
www.miamidade.aov
"Delivering Excellence Every Day"
- - - -- Original Message---- -
From: Acosta, Maria (Elections) (305) 499 -8410
Sent: Wednesday, June 01, 2005 4:12 PM
To: Acosta - Thatcher, Alicia (Elections)
Subject: FW: Early Voting
Importance: High
Maria Acosta
Miami -Dade Elections Department
Public Services Division
2700 NW 87th Avenue
Miami, FL 33172
305- 499 -8410
- - - -- Original Message---- -
From: Menendez, Maria [mailto :MMenendez @cityofsouthmiami.net]
Sent: Tuesday, May 31, 2005 6:11 PM
To: 'Acosta, Maria (Elections) (305) 499 -8410'
Subject: Early Voting
Importance: High
Hello Maria,
I have a question about the new provision effective July of 2004.
Does that mean that all of us, municipalities, are mandated to conduct "early voting ?"
Or is it by choice?
7/28/2005
Page 2 of 2
Thank you for your assistance.
Regards,
9daria 91. 9tenendez
City Clerk,
6130 Sunset Drive
South Yiami, FL 33143
Tel 305- 663 -6340
Ea.)C.- 305- 663 -6348
Email mmenendez @cityofsouthmiami.net
7/28/2005