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HomeMy WebLinkAboutOrdinance 2021-561ORDINANCE 2021 - S (- t AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 26-7 OF THE CITY'S CODE OF ORDINANCES, TITLED "SUPPLEMENTAL QUALIFYING PERIOD", TO PROVIDE THAT A CANDIDATE FOR THE OFFICE OF MAYOR OR CITY COMMISSIONER SHALL QUALIFY BY COMPLYING WITH THE REQUIREMENTS SET FORTH IN § 26-15; AMENDING SECTION 26-9, TITLED "NAMES OF QUALIFIED CANDIDATES TO BE PRINTED ON BALLOT" BY ADDING THE REQUIREMENT THAT CANDIDATES SUBMIT A STATE GOVERNMENT ISSUED IDENTIFICATION (ID) PLUS ONE TYPE OF RESIDENCY DOCUMENTATION IN ORDER TO QUALIFY; AMENDING SECTION 26-15, TITLED "QUALIFICATIONS" ADDING A REQUIREMENT FOR CANDIDATES TO PROVIDE A STATE ISSUED IDENTIFICATION PLUS ONE TYPE OF RESIDENCY DOCUMENTATION, AND DETAILING THE TYPES OF ACCEPTABLE DOCUMENTATION TO SHOW THE CANDIDATE MET THE REQUISITE RESIDENCY REQUIREMENT; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter and Code of Ordinances for the City of Sunny Isles Beach ("City") provide that only electors of the City who have resided continuously in the City for at least one year preceding the date of filing a written notice of candidacy with the City Clerk are eligible to qualify as candidates for Commissioner or Mayor; and WHEREAS, Section C-2.4 of the City's Charter, titled "Qualifications", - provides that candidates for Commissioner or Mayor shall be required to submit proof of residency at the time of qualifying by producing a valid voter's registration card and any other document which establishes compliance with the residency requirements provided therein; and WHEREAS, Section C-2.4 of the City's Charter further provides that the City Commission shall establish more specific residency requirements in an Ordinance; and WHEREAS, Chapter 26 of the City's Code of Ordinances ("Code") currently provides that a candidate can qualify as a candidate by merely paying the qualifying fee and filing the written notice of candidacy oath, without the requirement that a candidate show proof of residency as set forth in the Charter; and WHEREAS, by amending Chapter 26 to provide that all persons who seek to qualify as candidates for Commissioner or Mayor must also submit a state government issued identification (ID) plus one type of residency documentation showing that the candidate has continuously resided in the City for a period of one (1) year prior, ensures that the City Clerk, as the Supervisor of Elections for the City, has the requisite documentation to ensure those candidates whom he/she qualifies meet the residency requirements of the City Charter and Code; and WHEREAS, the City Commission of the City of Sunny Isles Beach hereby finds and declares that the adoption of this ordinance is in the best interest of the City. 02021 - Amend Chap 26 - Elections to Provide for Qualification Docs for Residency Page 1 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:' Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Amendment to Chapter 26 of the City Code. Chapter 26 of the City Code is hereby amended to read as follows: Chapter 26- Elections ARTICLE I — Procedures § 26-7. - Supplemental qualifying period. If the death, withdrawal or removal from the ballot of a qualified candidate following the end of the qualifying period results in only one candidate remaining on the ballot for that office, one supplemental qualifying period shall be established for a period of two days beginning at 9:00 a.m. on the first Tuesday following the vacancy in candidacy; except that no supplemental qualifying period shall be established at all if a vacancy in candidacy occurs within 28 days prior to the date of the general election for the office of Mayor or City Commissioner. A candidate for the office of Mayor or City Commissioner shall qualify by paying to the Gity Clerk the sum of $100.00 complying with the requirements set forth in 26-9 15 of this chapter. Pursuant to Municipal Charter § C -5.1(g), if at the close of the qualifying period there is only one duly qualified candidate for Mayor or for any City Commission seat, that single candidate shall be considered elected automatically. If within 28 days prior to the date of the general election for the office of Mayor or City Commissioner, there is only one candidate on the ballot for an elected office, said candidate shall be declared elected and no election for that office shall be required. § 26-9. -Names of qualified candidates to be printed on ballot. All persons who have paid the qualifying fee (or have otherwise qualified via petition), signed the oath, and submitted a state government issued identification (ID) plus one type of residency documentation showing that the candidate has continuously resided in the Cit,, f�period of one (1) year prior to the time of qualification as provided in this chapter, shall be qualified candidates for the office of Mayor or City Commissioner, as the case may be, at the next election, and the City Clerk shall print their names on the ballot in alphabetical order. § 26-15. - Qualifications. Candidates for Commissioner or Mayor shall qualify for election by: 1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, and deletions are shown as stFil(ethFeugh. 02021 - Amend Chap 26 - Elections to Provide for Qualification Docs for Residency Page 2 of 4 (a) the filing of a written notice of candidacy with the Clerk of the City at such time and in such manner as may be prescribed by ordinances and fib) payment to the City Clerk of the sum of $100 as a qualifying fee -.Land Lc) submitting a state government issued identification (ID) plus proof of residency, which shall include one (1) of the following documents: City of Sunny Isles Beach issued Resident Identification card, voter's registration, driver's license, property tax receipt, and homestead exemption; all of which must have been in effect for at least one (1) year prior to qualifying. A person may not be a candidate for Commission and Mayor in the same election. Only electors of the City who have resided continuously in the City for at least one year preceding the date of such filing (and in the respective residential area from which the candidate may seek to qualify for election) shall be eligible to hold the Office of Commissioner, including Mayor. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 4. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 6. Effective Date. This Ordinance will become effective ten (10) days after adoption at second reading. PASSED and ADOPTED on first reading this. a of January 2021. PASSED and ADOPTED on second reading thi 1%qday of• Pt'Rr -2021. George H. Scholl, Mayor 02021 - Amend Chap 26 - Elections to Provide for Qualification Docs for Residency Page 3 of 4 VED AS ATTESITc AA, - G GA SJJ�I CE FORM CMC, City Clerk Edward A. Dion, City Attorney First Reading Motion: l Mmtsstodyl-- V ISeAp•p-Ac Second: COMMIC.CW604011- Second Reading / Motion:M&P9" Second: Vote on First Reading: Mayor Scholl (Yes) (No) Vice Mayor Svechin ,/ (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra _� (Yes) (No) Vote on Second Reading: Mayor Scholl (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman Yes) (No) Commissioner Lama*(((Yes) Yes) (No) Commissioner Viscarra (No) 02021 - Amend Chap 26 - Elections to Provide for Qualification Docs for Residency Page 4 of 4 SONNY lsZF 1.�0 City of Sunny Isles Beach 18070 Collins Avenue = Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax rt o: su MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Edward A. Dion, City Attorney DATE: 3/18/2021 RE: Amending Chapter 26 of the Code of Ordinance Relating to Candidate Qualifying Documents RECOMMENDATION: This Ordinance is presented for your consideration REASONS: The Charter and Code of Ordinances for the City of Sunny Isles Beach ("City") provide that only electors of the City who have resided continuously in the City for at least one year preceding the date of filing a written notice of candidacy with the City Clerk are eligible to qualify as candidates for Commissioner or Mayor. Moreover, Section C-2.4 of the City's Charter provides that candidates for Commissioner or Mayor shall be required to submit proof of residency at the time of qualifying by producing a valid voter's registration card and any other document which establishes compliance with the residency requirements provided therein. Currently, however, Chapter 26 of the City's Code of Ordinances ("Code") provides that a candidate can qualify as a candidate by merely paying the qualifying fee and filing the written notice of candidacy oath, without the requirement that a candidate show proof of residency as set forth in the Charter. Therefore, the proposed ordinance amends Chapter 26 to provide that all persons who seek to qualify as candidates for Commissioner or Mayor must also submit a state government issued identification (ID) plus one type of residency documentation showing that the candidate has continuously resided in the City for a period of one (1) year prior. The proof of residency would include one (1) of the following documents: City of Sunny Isles Beach issued Resident Identification card, voter's registration, driver's license, property tax receipt, and homestead exemption; all of which must have been in effect for at least one (1) year prior to qualifying. The proposed requirement ensures that the City Clerk, as the Supervisor of Elections for the City, has the requisite documentation to ensure those candidates whom he/she qualifies meet the residency requirements of the City Charter and Code. ATTACHMENTS: Description Ordinance Item Number: 9.A.