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O-122-43 MIAMI SHORES VILLAGE ORDINANCE AN ORDINANCE RELATING TO ELECTIONS AND TO REGISTRATION OF VOTERS: AND TO ABSENTEE VOTING. BE IT ORDAINED BY MIAMI SHORES VILLAGE; Section 1. Persons., and no others, having the qualifications of voters in state and county elections prescribed by Section 98.01, Florida Statutes 1941, or subsequent laws fixing such qualifications.. shall be entitled to register and vote in the village., provided, no poll tax shall berequired,, nor any registra- tion fee. The clerk shall keep a permanently bound registration book,, arranged vith spaces for the name,, age, place of birth, place of residence, and the signa- ture of each registrant., and oath or affirmation to the truti of the data oppos- ite each signature and of compliance with the qualifications to vote prescribed by the laws of Florida,, shall be printed at the top of the signature column and each registrant shall take such oath or make affirmation and shall subscribe to the same by his signature in the column provided therefor. The clerk or council, at any time., or any election board., on the day of election,, may require satisfact- ory proof of qualifications of any person requesting to register,,, or to vote,, as the case may be, and after such notice as may be reasonable under the circumstan- ces and after hearing, if demanded,, they may declare any person unqualified to register or to vote and may strike such name from the registration book., provided the council may overrule or reverse action by the clerk alone., and it shall be the duty of the council to convene and consider immediately any charge of disqualifi- cation upon recommendation by the clerk or by any two councilmen. The council biennially, not less than thirty nor more than sixty days before the regular el- ection., shall verify the qualifications of those registered and shall strike from the registration book the names of all persons deceased or non-:residents of the village., or otherwise knovm or believed to be unable or disqualified to vote. . The registration book shall be kept open at all times during regular hours of busi- ness for registration, except the three preceding days before an election. Section 2. Elections shall be held at the village office and such other places, if any, as the council shall designate. Thirty days notice of the time, place and purpose of elections and the names of candidates and the nature of any questions to be voted on.,- shall be given by the clerk posting notice at the office doort and the polling place or places shall be open from eight o'clock A. M. to eight o'clock P. m.) Eastern Standard War Time., ozi each elec- tion day. Section 3. All elections shall be by County voting machines, or by secret printed or typewritten ballot prepared for the particular election.. substantially in the following formt BALLOT STUB NO. Miami Shores,Village., ------------ BALLOT Miami Shores Village Election of June Candidates for the Council- Vote for ( number of vacancies Mark X opposite candidate you favor. ADELBERT AMES BONNIE BALLEW THADDEUS WHIPPLETREE L ' J Question 1 Shall the village incur a debt in the sum of Ten Thousand ($10..000) Dollars Yes No for repairing streets as contemplated in ordinance Sixteen? Question 2 (Advisory) Shall the village renew for one year its contract with the City of Miami Yes relating to fire protection? _ j Candidates shall be listed on the ballot alphabetically by surnamesand the ballotstubs shall be numbered consecutively. The number of -2- signatures required on a candidate's qualifying petition shall be based on 10% of the number of registered voters qualified at the last election, Section 4. The clerk shall provide for each polling place one or more private booths for voters and a stout ballot box with two locks and keys., one of which keys shall be kept by the clerk and one shall be given on election day to the senior in age of the election judges, the judge to sur- render said key to the clerk at the end of ten days after the election. Section 5. At least thirty days before an elections the coun- cil shall appoint two discreet persons as election judges, each of whom shall be qualified voter and not a candidates nor pecuniarily interested in any question to be submitted at the election, and they, with the village clerk, shall be the election board and shall conduct the election., and before leaving the polling place shall publicly canvass and certify in writing the results thereof by duplicate certificates over their signatures., and before entering on their duties they shall make oath that they will honestly and fairly con- duct, canvass ELmd certify the results of the election, provided that one mem- ber of the board at a time may absent himself not exceeding forty-five minutes at mealtimes. The judges shall be paid $4.00 each per day for their services. Section 6. Each voter shall mark his own ballot, privately in an enclosed booth in not exceeding three minutes of time and no person shall assist a voter, nor speak to a voter within the voting places except that the election board may furnish information concerning the method of voting., and provided that upon a voter declaring himself, by reason of blindness or similar defect, or lack of knowledge., unable to mark his ballotp the election board shall cause all except the board and officers of the village to leave the poll- ing place, and thereupon two members of the board may ascertain the voter's till and mark his ballot accordingly. Each ballot., after beizg marked, shall be folded and deposited by the voter in the ballot box in the presence of at least two members of the election board. Only one ballot shall be issued to a persons provided that a ballot spoiled by inadvertence may be cancelled upon surrender to the board and being marked void and signed by all members of the board. Except during the canvass of the votes, or when lawfully produced for -3- a contect, all used ballots, tally sheets and a duplicate original of the certificate of the election results shall be kept in the ballot box, which shall be securely locked and shall remain in the custody of the election board until they have certified the results., and thereafter held in. the custody of the clerk# provided that the ballots and such other papers in the box may be destroyed by order of the council after the expiration of time for a contest of the election. The board shall, keep a list of regis- tere.d voters marking the name of each personrequesting or offering to vote, at the time a ballot is handed him. When each ballot is deposited in the box., the board shall detach the stab thereof and shall keep such stubs for verifying against the poll list and the registration book. The election board may refuse to permit any unregistered or disqualified person to vote, shall not allow any person to vote but oncep and shall decide all challenges upon such proof as they may reasonably require. Section 7. In canvassing the vote., no mark or sign shall be taken to express a voter's will., except the mark of., or apparently intended to beg and X or cross marks, but the board., in making the canvass,, shall en- deavor to ascertain and effectuate the intention of each voter where reasonably certain., from the ballot only., and the election b I oard.. in deciding all matters and questions arising in their duties.. shall act by a majority vote thereof. The board,, upon completing the canvass and ascertaining the results of the elec- tiong shall immediately deliver their original certificate thereof to the clerk,, who shall forthwith post ,a certified copy of the certificate at the village office doorg there to remain three dayst and within .such time the clerk shall deliver a certified copy of such certificate to each person elected; and at the next meeting of the councilp .shall report the results and record, the certifi- cate in the minute book of the council. Section 8. Until the polls close and the election board commences the canvasst no person shall be permitted in the polling places except the election board and other village officers and persons voting, offering to vote, or leaving., provided that not more than one challenger for each candidate shall have access to the polling place during such reasonable time as shall be neces- sary to challenge a particular person requesting., or apparently about to vote.. and provided that witnesses concerning qualification., or lack thereof, of per- -4- sonsloffering to vote, may be permitted to testify'before the board. The board and police'officers of the village at ail: ,times I shall take care that the polling place shall be quiet and not crowded. W&Ue the polls are ,open there shall be no solicitation,of voters.9 distribution of campaign-doqger's,, posters or literature of any kind., nor any sugg ggestion of a candidate or of -an attitude on a question submitted to the voters at such election nor any., other kind of electioneering whatever_, direct or indirect within the poll- ing place,, or within 100 feet of the outside door thereofq and.all officers and citizens shall, be charged with the enforcement of this section. Section 9. If voting machines are used, the provisions of .Chapter 100,, Florida -Statutes 19419 shall be followed t I o, the extent applicable to a municipal election. Section 10. Any qualified voterp who expects to be absent ,from his home county on the day of anyelection hereafter held, may apply in person to the clerk for an official ballot .to be used at such electiont and the.clerk shall furnish one such official ballot to each voter so applying therefor at any time not more than fifteen days nor less than three days next prior to the day of such election., upon satisfactory proof to such clerk,,, that the applicant therefor is qualified to vote at such election and upon such voter taking and subscribingto the following oath or affidavit which is to be printed upon the front of large envelopes to be furnished the clerk for that purposep to-wit: "State of Floridap County of I, the undersigned, do hereby solemnly "swear that I have resided in the State of Florida for one year and in Miami Shores Village for six months., that I am a duly qualified voter in said municipality; that I am a citizen of the United States and a qualified 'voterunder the laws of the State of Florida; that I expect to be absent from my home.County of. Dade on the occasion of the Miami Shores Village election to be held in Uiami Shores Village on the day of A. D. 19 that I will not have an (�pjportunity to vote thereat per- sonally and will not attempt to do so. Voter. Sworn to and subscribed before me this the day of A. D. 19 Clerk.ft, -5- Such oath oraffidavit shall be taken and signed before such clerk, The said' voter shall then and there and at ,the time of receiving such ballot,, mark the same as-required by law in- such cases,, and folding the same. shall securely seal .such ballot in a plain envelope, to be -furnished him by such clerk., which said ballot so�_,sealed in a plain en- , velope shall then and there inthe presence of such clerk be sealed in the envelope on-which is contained the oath oraffidavit so taken and subscribed by him as herein provided,, and,upon the, back and across the flap of which shall be rritten or printed thp�following: "The ballot of an absent voter of Miami Shores Village2 Floridan, with thiB blanks properly filled in and signed across the flap by both such voter and clerk., in the .presence of each�other, Said ballot so.marked and sealed shall 'thereupon be deposited with and received by such clerk, 'who shall safely keep and preserve the same in his possession until such time as the official ballot box is pre- pared when the same� shall be -deposited in such ballot box�_ Upon opening the ballot box preparatory to opening',the polls at- such election,, the inspectors and clerk- of such election, the inspectors .and clerk of such election shall take , from the ballot boxall such �ballots so.voted by absent voters,, and if, and only when,, ' it.is found upon an examination of the registration books and poll list furnished,such inspectors., or ,other sufficient evidence, that such voter is quali� fied to vote at such election.,.'then the said voters shall, after the said ballot box has been,clo. sed and locked for the purpose of voting, thereupon break the seal of the-outbr envelope containing such vote and deposit 6aid -ballot inthe 'said ballot box$ but leaving, such .ballot�sealed in the blank envelope to be open- ed and .counted by such inspectors in canvassing and counting all the votes cast at -such election.' The outer envelope containing, the affidavit or oath herein provided shall be carefully preserved by suchAnspectors arid-delivered by them to the canvassing board for said- election along .rith the returns thereof., In case it be found by the inspectors that such voter., so attempting to vote is not qualified or entitled to vote at such electiony then. and in such event, the., said ballot 'shall not be. deposited in said ballot box., but shall'be left in the outer envelope amd by them delivered to the election board, along vith their returns of the election, arid also with .a notation on saidenvelope of their -6- -reasons- for-not de id 'b�ll t positing sa 0 in -the baI1oVFbo%,, pro vided., that no voter siall'be- allowed to Voteunder th 8 provisions. of- this. section later �than three.*daYs, immediately h ld' preceding. the day on wh c such election e i's h and'_.provided further that, all ball6t4i so voted shall b - secret. e Section 1-1. 'The marshal or deputy shall attend aU elections and preserve order and enfproe -this .ordinance and shall be subject�to orders of the election- board and members ot the election, b d 8 par, shall have ,th powers of d6 on puty, marshals on electi' day and until they- have cii rtified the results. Section 12.L A copy of this. ordinance shall be" osted at p the door of the polling-,place on'election day, Section 13. Any person -who shall violate or shall contribute tola violation' .6f'-this ordinance or . ,part hereof., by,'aasjstij*' any inducing , or suggesting such-vio3*tion to,another shall upon,'.06nvidti6n��thereo-ft ,be 'pun-: ished by a fine of 'not exceedi .-TWO 'Huhdr d V fty, (6250�00, b6lar M e 1, s oi i Prisoi*ient at hard labor on, the .streets or oithe r. works of th6- vil gev, or any other lawful place'. during riot cepdin thilrt days fine and y, Orby both such. imprisonment in thi�di' scie.tion of� the Vi -is ch -separate ismd' Uage courty, and -act -each disregard of any secti par here shall On or. t of u t e' a s6p te viol' a,, ara constit tion and.,an offense against the -villake. j o Section' 14. Each-secti-6- s rite an.d ,phra se in this no, e nce clause ordinance ispeverable from, the';remainder.-and the , idity 6r. failure to oper- ate' a any part, here ' Oft- great'or small., sha '�the validity.pr not impair operation o I f any ,pairt of this ,ordinance. All confli tin9.'.0ridI,.JLn c ances or Parts nance; of ordi S , are hereby repealed :Regularly'p assed and-adopted by unani-Mous .-Vote of th e council, MdY 4.ol q 000- .0,-d Ai Ila -Shores,V14aje-_ Tor As 'VifLage Manager/and Clerk.