Legislative Matter

Miami-Dade Legislative Item
File Number: 110666

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File Number: 110666

File Type: Resolution

Status: Before the Board

Version: 0

Reference:

Control: Board of County Commissioners

File Name: CREATE A NEW TWO-TIERED ELECTORAL SYSTEM

Introduced: 3/23/2011

Requester: NONE

Cost:

Final Action:

Agenda Date: 3/24/2011

Agenda Item Number:

Notes:

SPECIAL ITEM NO. 8

Title:

RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI-DADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO REQUIRE THE BOARD TO CREATE BY ORDINANCE A TASK FORCE TO STUDY AND PROPOSE A CHARTER AMENDMENT TO ABOLISH THE CURRENT THIRTEEN COMMISSION DISTRICTS AND CREATE A NEW TWO-TIERED ELECTORAL SYSTEM COMPRISED OF THE MINIMUM NUMBER OF AT-LARGE AND SINGLE MEMBER COMMISSIONER DISTRICTS NECESSARY TO PROVIDE MEANINGFUL COUNTYWIDE AND LOCAL PERSPECTIVE WITH SUCH PROPOSAL TO BE PLACED ON THE NEXT COUNTYWIDE ELECTION BALLOT AFTER APPROVAL BY A FEDERAL COURT

Indexes:	HOME RULE CHARTER
	SPECIAL ELECTION

Sponsors:

Carlos A. Gimenez, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	3/24/2011	Special Item No. 8	Withdrawn
REPORT:	Commissioner Gimenez noted he was withdrawing the foregoing proposed resolution. He said he was hopeful that the Board would address the creation of a two-tiered electoral system after the redistricting process was completed. Commissioner Gimenez noted it was not his intention to diminish minority representation. He said the County had nine (9) At-Large Commission seats before the 13 District seats were created and that it was now time to consider adding a couple of At-Large Commission seats with a countywide perspective. Chairman Martinez noted that Vice-Chairwoman Edmonson was the Chairperson of the Redistricting Sub-Committee and that the Department of Planning and Zoning would be working in close cooperation with that Committee. He noted redistricting proposals with boundaries for 13, 11, and 9 Commission District scenarios would be presented along with the effect of the revised boundaries on minority representation. Chairman Martinez said that At-Large Commission seats were a policy issue which had nothing to do with District size. Commissioner Gimenez asked that the Committee consider the possibility of adding a couple of At-Large Commission seats in order to provide a countywide perspective. Chairman Martinez noted the At-Large Commission seats would have no impact on District size and that larger districts would have a greater affect on minorities. Chairman Martinez welcomed Board members to attend the upcoming Redistricting Sub-Committee meetings and noted that public hearings would be held in the community to obtain input. Commissioner Gimenez said that this was the right process based upon the results of the new U.S. Census data. He noted the proposed resolution contained the language “after approval by a federal court” to ensure that the Voting Rights Act was not violated.

County Attorney	3/23/2011		Assigned	Oren Rosenthal

Legislative Text

TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO REQUIRE THE BOARD TO CREATE BY ORDINANCE A TASK FORCE TO STUDY AND PROPOSE A CHARTER AMENDMENT TO ABOLISH THE CURRENT THIRTEEN COMMISSION DISTRICTS AND CREATE A NEW TWO-TIERED ELECTORAL SYSTEM COMPRISED OF THE MINIMUM NUMBER OF AT-LARGE AND SINGLE MEMBER COMMISSIONER DISTRICTS NECESSARY TO PROVIDE MEANINGFUL COUNTYWIDE AND LOCAL PERSPECTIVE WITH SUCH PROPOSAL TO BE PLACED ON THE NEXT COUNTYWIDE ELECTION BALLOT AFTER APPROVAL BY A FEDERAL COURT

BODY
WHEREAS, Sections 1.03 and 1.04 of the Home Rule Charter presently provide that there shall be thirteen (13) County Commission districts; and
WHEREAS, a two-tiered electoral scheme comprised of at-large and single-member districts will provide voters with an opportunity to participate in a greater number of elections for the County Commission, as well as provide for a county-wide perspective in County Commission deliberations,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. A countywide special election is hereby called and shall be held in Miami-Dade County, Florida on [ ], 2011, for the purpose of submitting to the qualified electors of Miami-Dade County the proposal for amendment to the Home Rule Charter in the form attached hereto and made a part hereof.
Section 2. Notice of such election shall be published in accordance with Section 100.342, Florida Statutes.
Section 3. The result of such election shall be determined by a majority of the qualified electors of Miami-Dade County voting upon the proposal. The polls at such election shall be open from 7:00 a.m. until 7:00 p.m. on the day of such election. All qualified electors of Miami-Dade County, Florida shall be entitled to vote at said election. The County registration books shall remain open at the Office of the Miami-Dade County Supervisor of Elections until twenty-nine (29) days prior to the date of such election, at which time the registration books will close in accordance with the provisions of general election laws. The question shall appear on the ballot in substantially the following form:
HOME RULE CHARTER AMENDMENT
CREATING A TASK FORCE TO CREATE TWO-TIERED ELECTORAL SYSTEM

SHALL THE CHARTER BE AMENDED TO REQUIRE THE BOARD TO CREATE BY ORDINANCE A TASK FORCE TO STUDY AND PROPOSE A CHARTER AMENDMENT TO ABOLISH THE CURRENT THIRTEEN COMMISSION DISTRICTS AND CREATE A NEW TWO-TIERED ELECTORAL SYSTEM COMPRISED OF THE MINIMUM NUMBER OF AT-LARGE AND SINGLE MEMBER COMMISSIONER DISTRICTS NECESSARY TO PROVIDE MEANINGFUL COUNTYWIDE AND LOCAL PERSPECTIVE WITH SUCH PROPOSAL TO BE PLACED ON THE NEXT COUNTYWIDE ELECTION BALLOT AFTER APPROVAL BY A FEDERAL COURT?

YES

NO

Section 4. The form of the ballot shall be in accordance with the requirements of general election laws.
Section 5. Early voting shall be conducted in accordance with the requirements of general election laws.
Section 6. Absentee paper ballots may be used by qualified electors of Miami-Dade County for voting on this question. The form of such absentee ballot shall be in accordance with the requirements prescribed by general election laws.
Section 7. A sample ballot showing the manner in which the question or proposal aforesaid will appear at this election shall be published and provided in accordance with the applicable provisions of general election laws.
Section 8. This special election on the proposal aforesaid shall be held and conducted in accordance with applicable provisions of the general laws relating to elections and the provisions of the Miami-Dade County Home Rule Charter. The County Mayor or his or her designee, the Finance Director, and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. This election shall be a nonpartisan election. Election officials in connection with this election shall be appointed in accordance with the provisions of general election laws.
Section 9. This election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 3.07 of the Home Rule Charter.