O-638-03 ORDINANCE NO. 638-03
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI
SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 7 OF THE MIAMI
SHORES VILLAGE CODE OF ORDINANCES, BY ADDING SECTION 7-19
ALLOWING FOR PAPER BALLOTS TO BE USED FOR ABSENTEE BALLOTS
IN MUNICIPAL ELECTIONS, PROVIDING FOR SEVERABILITY, PROVIDING
FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida State Statute 100.3605 states that the Florida Election Code
shall govern the conduct of a municipality's election in the absence of an applicable
special act, charter, or ordinance provision; and
WHEREAS, The Statute further states that no charter or ordinance provision shall
be adopted which conflicts or exempts a municipality from any provision in the Florida
Election Code that expressly applies to municipalities; and
WHEREAS, There is no provision in the Florida Election Code which prohibits the
issuance of paper ballots to be used for absentee ballots for municipal elections; and
WHEREAS, The alternative to paper absentee ballots will be a ballot which will be
counted using an optical scanning system, which is cost prohibitive; and
WHEREAS, It is in the best interests of the Village to enact this ordinance to
provide for a paper ballot absentee ballot provision in the code of ordinances,
NOW, THEREFORE, BE IT ORDAINED by the Village Council of Miami Shores
Village, Florida, that:
Section 1. The Miami Shores Village Code of Ordinances is hereby amended
by adding a new section, 7-19, which shall read, in its entirety, as follows:
Notwithstanding any of the provisions set forth in Section 7-17 of the Village
Code of Ordinances, which adopted Florida State Statutes 101.62 — 101.694
governing absentee ballot procedures, paper absentee ballots, designed to be
hand counted, may be used for municipal elections in Miami Shores Village. Said
paper ballots shall be in the form of the official ballot as produced by the Miami-
Dade County Supervisor of Elections Office with respect to qualified candidate
names, and with respect to special municipal elections, any ballot question
language to be voted upon by the registered voters of the Village.
Section 2. If any section, sentence, cause or phrase of this Ordinance is held
to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way effect the validity of the remaining portions of this Ordinance, which
shall be deemed to be severable therefrom.
Section 3. All ordinances or parts of ordinances in conflict herewith or
inconsistent herewith are hereby repealed, but only insofar as such ordinances may be
inconsistent or in conflict with this Ordinance.
Section 4. This Ordinance shall become effective immediately upon its
adoption on second reading.
Passed on first reading this 18th day of February 2003
Passed and adopted on second and final reading this 4th day of
March 2003
e
Davis, Mayor
ATTEST:
&� Car-
Barbara A. Estep, C
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney
PaperAbsenteeBallots