O-684-10 ORDINANCE NO. 684-10
AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA,AMENDING THE VILLAGE'S
CODE OF ORDINANCES,CHAPTER 7,ARTICLE I,CREATING A SECTION TO IDENTIFY A
DEFINITIVE TIME PERIOD FOR VILLAGE COUNCIL CANDIDATE QUALIFYING,AND
AMENDING SEC.7-2,"ELECTION BOARD-TO REFLECT CURRENT PRACTICES, PROVIDING
FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR RENUMBERING OF
SECTIONS,AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,The Miami Shores Village Code of Ordinances is currently silent as to a time when a
candidate wishing to run for election to a Village Council seat can officially begin the qualifying process;
and,
WHEREAS,Sec. 24 of the Village Charter, entitled Nomination for Councilman,states in part,
that a petition for this purpose shall be signed by not less than fifty(50) qualified electors and filed with
the Village Clerk not less than thirty(30)days prior to the election date;and,
WHEREAS, Identifying a specific commencement date for the qualification process and making
the other amendments reflected herein, is in the best interest of the Village;
NOW,THEREFORE, BE IT ORDAINED by the Miami Shores Village Council that:
Section 1. The Village Code of Ordinances, Chapter 7,Article I shall be amended such that
existing provisions set forth in Section 7-1,"Places where held.", Section 7-2, "Election Board",and
Section 7-3, "Early voting."shall be renumbered,and a new section,entitled "Candidate Qualifying"
shall be added;so that Chapter 7,Article I shall henceforth read as follows:
Sec.7-1 Candidate Qualifying Procedures
The qualification period for candidates wishing to run for Village Council shall commence on the
1't Monday in February in odd numbered years(the"Qualifying Start Date"). The duration of the
qualifying period shall be for a period of 26 days,commencing on the Qualifying Start Date at 8:30 AM
and terminating at 5:00 PM on the 26th day following the Qualifying Start Date. All required qualifying
paperwork, including completed petitions must be received by the Village Clerk's office by 5:00 PM on
the 26th day following the Qualifying Start Date.
Upon timely receipt of all of a candidate's requisite qualifying paperwork,the Village Clerk shall
forward the nominating petitions to the Miami-Dade County Elections Department for signature
verification. Candidates are not considered qualified candidates until such time as fifty(50) petition
signatures,timely submitted, are verified by the County Elections Department.
Sec.7-2 Places where held.
Elections shall be held at such places as designated by the Miami-Dade County Supervisor of
Elections.
Sec.7-3 Election Board
At least 10 days before an election,the Council shall appoint an appropriate number of persons
to serve as election pollworkers,each of whom shall be a qualified voter and not a candidate, 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 in accordance with the applicable election
laws. In the event of the inability or refusal of any of the persons appointed as election pollworkers to
serve,the Village Clerk is authorized and directed to fill the vacancy from among the qualified electors of
the Village. The election pollworker's pay shall be commensurate with that paid by the County. The
Village Clerk shall serve as the canvassing board and shall certify in writing,the results of the election.
Sec.7-4 Early voting.
Pursuant to F.S. 100.3605 (1),it is hereby provided that the Miami Shores Village elections are
hereby exempted from the provisions of F.S. 101.657(1)(b), (the"Early Voting Statute").
Sec.7-4—7-15 Reserved.
Section 2. 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 3. If any section,sentence,clause 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 4. This Ordinance shall become effective immediately upon it adoption on second
and final reading.
PASSED ON FIRST READING,this 21 day of September .2010.
PASSED AND ADOPTED ON SECOND AND FINAL READING,this 5th day of October
2010.
r
ATTEST:
MME AI Davis, Mayor
Barbara A. Estep, MMC vvtC,
Village Clerk r
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney