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HomeMy WebLinkAboutOrdinance 2025-641ORDINANCE 2025 - & 4- 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 26-3 OF THE CITY'S CODE OF ORDINANCES, TITLED "CITY COMMISSION RESOLUTION TO PROVIDE ELECTION INFORMATION; CHANGE OF POLLING PLACES"; AMENDING SECTION 26-5, TITLED "CANVASS OF ELECTION RETURNS; CERTIFICATE OF ELECTION"; AMENDING SECTION 26-6, TITLED "QUALIFYING AS CANDIDATE FOR MAYOR OR CITY COMMISSIONER; FEE"; AMENDING SECTION 26-7, TITLE "SUPPLEMENTAL QUALIFYING PERIOD"; AMENDING SECTION 26-8, TITLED "CONTENTS, FILING AND FORM OF OATH"; AMENDING SECTION 26-9, TITLE "NAMES OF QUALIFIED CANDIDATES TO BE PRINTED ON BALLOT"; AMENDING SECTION 26-10, TITLE "INSTALLATION OF NEW OFFICERS"; AMENDING SECTION 26-13, TITLE "ELECTIONS"; AMENDING SECTION 26-14, TITLE "TERMS OF OFFICE; RESIDENTIAL AREAS; TERM LIMITS"; AMENDING SECTION 26-16, TITLE "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES"; REPEALING SECTION 26-11, TITLE "REPEALER"; REPEALING SECTION 26-15, TITLED "QUALIFICATIONS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in May 2023, the electors of the City of Sunny Isles Beach (the "City") approved amendments to the City's Charter (the "Amendments"); and WHEREAS, the Amendments included revisions to elections of the City; and WHEREAS, certain sections of the Chapter 26, titled "Elections", of the City's Code of Ordinances require revisions to conform with the City Charter, for clarification, or to reflect current or best practices; and WHEREAS, the City Commission finds that the adoption of this ordinance is in the best interest of the City. 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 ' 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 *"ak��gh. 02025 Amend Chap 26 - Elections Page 1 of 11 § 26-3. — City Commission resolution to provide election information; change of polling places. A. For the purpose of making proper provision for each municipal election held in the City, the City Commission shall, not less than 45 days prior to the proposed date of such election, adopt a resolution setting forth: (1) The date upon which such election is to be held; (2) The purpose of such election; (3) The days and hours, prior to the date of such election, during which persons qualified to vote therein may register therefor; (4) The list of polling places in the several precincts provided for by resolution; (5) The form of ballot to be used in such elections, prepared in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. B. The City Commission shall further authorize and direct the City Clerk to give notice of the adoption of such resolution and of the provisions thereof hereinbefore prescribed, by and through the publication of an appropriate advertisement in accordance with the provisions set forth in F.S. Ch. 50, once a week for two consecutive weeks preceding the day upon which such municipal election is to be held. C. In the event that any polling place designated in such resolution shall become unavailable for use as such, the Miami -Dade County Supervisor of Elections shall designate another polling place in the manner provided by state law. § 26-5. — Canvassing board; canvass of election returns; certificate of elections. All municipal elections which do not appear on the same ballot as a County election shall be canvassed by a Board comprised of the City Clerk, the City Manager, and one registered voter of Miami -Dade County to be designated by the City Commission based upon the recommendation of the City Clerk, who shall serve with the assistance of the Miami -Dade County Supervisor of Elections. The City Commission shall also designate an alternate to serve on the Board if one of the three Board members becomes unavailable. The alternate member shall be a registered voter of Miami -Dade County and shall also be based upon the recommendation of the City Clerk. The City Clerk shall present a certification of election results to the City Commission at the fiFst a special meeting of the City CemmissieR to be scheduled fellew+ng-an the same day or no more than five (5) business days after the election results are certified. Canvassing of election returns shall be conducted under applicable provisions of the Florida Statutes. § 26-6. - Qualifying as candidate for Mayor or City Commissioner; fees; ea*; qualifying period; single candidate considered elected. A. A person may not be a candidate for Commission and Mayor in the same election. B. Only electors of the City who have resided continuously in the City for at least 365 days 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. C. Candidates for Commissioner or Mayor shall qualify for election by: @BCL@E01547CD Page 2 of 11 75 (1) Filing of a written notice of candidacy with the Clerk of the City as set forth in Section 26-8; (2) Payment to the City Clerk in the sum of: (a) Two Hundred Dollars ($200.00) as a qualifying fee; and (b) One (1) percent of the salary of the office sought as an election assessment fee as required by state law; and (3) Submitting a state government issued identification (ID) plus proof of residency, which shall include one 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 no less than 365 days prior to the date of qualifying. D. Candidates for the office of Mayor or City Commissioner shall qualify with the City Clerk no earlier than 9:00 a.m. on the 94192"d day and no later than 4:00 p.m. on the 911 88tn day prior to the date of the general election. E. No election for Mayor or any Commission seat shall be required in any election if there is only one duly qualified candidate for Mayor or for any Commission seat That candidate shall be considered elected automatically. § 26-7. - Supplemental qualifying period. If, following the close of the qualifying period, the death removal, or withdrawal of a aualified candidate results in only one candidate remaining on the ballot for a particular office a supplemental qualifying period of two (2) business days shall be provided This supplemental qualifying period shall only apply if the Miami -Dade County Supervisor of Elections confirms that ballots have not vet been finalized, printed, or distributed. If ballots have already been finalized or distributed, no additional qualifying period shall be permitted if the death, Withd.-.,Wal shall be established feF a peFi9d ef twe days begiRRiRg at 9.00 a.m. en the 45t Tuesday fellewiRg the vaeaRey OR GandidaGy; exeept that R9 supplemental qualifyiRg peFied shall be established at A candidate for the office of Mayor or City Commissioner shall qualify by complying with the requirements set forth in § 26-356 of this chapter. Pursuant to Municipal Charter § C-5.1(g), if at the close of the supplemental qualifying period there is continues to be only one duly qualified candidate for Mayor or for any City Commission seat, that single candidate shall be considered elected automatically. If Withi^ 28 , ayS PFiGF to the date of effise shall be " ed § 26-8. - Contents, filing and form of oath. Every candidate for the office of Mayor or City Commissioner shall take, sign and subscribe to the oath or affirmation providing written notice of their candidacy, as specified in § C-2.4 of the Charter of the City of Sunny Isles Beach. The oath or affirmation shall read as follows: OATH OR AFFIRMATION PROVIDING WRITTEN NOTICE OF CANDIDACY CITY OF SUNNY ISLES BEACH, FLORIDA STATE OF FLORIDA: @BCL@E01547CD Page 3 of 11 76 COUNTY OF MIAMI-DADE: Before me, an officer authorized to administer oaths, personally appeared _, to me well known, who, (Print your name as you wish it to appear on the ballot) being sworn, says that he or she is a candidate for the office of (specify Mayor, or City Commissioner - Seat No. ) for the City of Sunny Isles Beach, Florida; that he or she is a qualified elector of the City of Sunny Isles Beach, Miami -Dade County, Florida; that he or she has resided continuously in the City of Sunny Isles Beach, Florida, for at least one year preceding today's date (and has resided continuously for at least one year preceding today's date in the respective residential area from which he or she seeks to qualify for election); that his or her legal residence is . (Print your full residence address) Miami -Dade County, Florida; that he or she is qualified under the ordinances and Municipal Charter of the City of Sunny Isles Beach, and under the Constitution and the laws of Florida to hold the office to which he or she desires to be elected; that he or she has taken the oath required by §§ 876.05 through 876.10, Florida Statutes; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; that he or she has resigned from any office from which he or she is required to resign pursuant to § 99.012, Florida Statutes; and that he or she has paid the required qualification fee. Signature of candidate Address City, State, Zip Code Sworn to (or affirmed) and subscribed before me this day of , , by , at Sunny Isles Beach, Miami -Dade County, Florida. Signature and title of City officer administering oath Personally known , or Produced identification Type of identification produced § 26-9. - Names of qualified candidates to be printed on ballot. All persons who have paid the qualifying fee, election assessment 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 City for a period of eee yeaF at least 365 days prior to the date time of qualification as provided in this § 26-6 shall be qualified candidates for the office of Mayor or City Commissioner, @BCL@E01547CD Page 4 of 11 77 as the case may be, at the next election, and the City Clerk shall print their names on the ballot in alphabetical order. § 26-10. - Installation of new officers. A. After General Election or Run -Off Election. On the 14th day after the election results have been certified, Tthe City Commissione+ shall meet at a "^gulaF 9 special Commission meeting 41-1 I,.+,,,., A Wn.,ff „ l nFi„n, if neGeSSaFr,X, for the purpose of receiving the certificate of election results from the City Clerk. The City Commission shall accept the results thereof by resolution and shall declare the new officers to be elected. Upon acceptance of election results the City Clerk shall administer the oath at a ..n^,.ial Ginty elec�ieR, and the new officers shall be installed and shall enter upon the discharge of their duties. B. After Special Election or Run -Off Election. On the same day, or no more than five (5) business days, after the election results are certified, the City Commission shall meet at a special Commission meeting for the purpose of receiving the certificate of election results from the City Clerk. The City Commission shall accept the results thereof by resolution and shall declare the new officers to be elected. Upon acceptance of election results the City Clerk shall administer the oath, and the new officers shall be installed and shall enter upon the discharge of their duties. § 26-4411. - Reserved. ARTICLE III - General Election Provisions § 26-4412. - Elections. A. Electors. Any person who is a resident of the City, has qualified as an elector of the state and registers to vote in the manner prescribed by law shall be an elector of the City. B. Nonpartisan elections. All elections for the City Commission and Mayor shall be conducted on a nonpartisan basis, and no ballot shall show the party designation of any candidate. C. Election dates. Commencing in the year 2010 and thereafter, the City's general election shall be held in even -numbered years in November. A run-off election, if necessary, shall be held in December. In the event an election date falls on a religious holiday, the City Commission may, by ordinance, change the dates for qualifying and for the election. D. General election. The ballot for the general election shall contain the names of all qualified candidates for Mayor, if the Mayor's term is expiring, and for each of the two Commission positions which are to be filled as a result of two members' terms expiring, and shall instruct electors to cast one vote for Mayor, if applicable, and one vote for each Commission seat, with a maximum of one vote per candidate. If any candidate for Mayor receives a number of votes greater than 50% of the total number of ballots cast, such candidate shall be the duly elected Mayor. If any candidate(s) for Commission receives a @BCL@E01547CD Page 5 of 11 78 number of votes greater than 50% of the total number of ballots cast, such candidate(s) shall be duly elected to the Commission. E. Run-off election. The ballot for the run-off election shall contain the names of the two candidates for Mayor, if applicable, and the names of the two candidates for each Commission seat who received the most votes in the general election. The ballot shall instruct electors to cast one vote for Mayor and to cast one vote for each Commission seat, with a maximum of one vote per candidate. The candidate for Mayor receiving the most votes shall be duly elected Mayor. The candidates for each Commission seat receiving the most votes shall be duly elected to that Commission seat. F. Tie -Votes. In the event of a tie after a run-off election, the City Commission shall hold a duly advertised special meeting to be held not sooner than (3) days or more than five (5) days after the City Clerk has confirmed a tie. During the special meeting, a winner shall be determined by drawing a candidate's name out of a clear or transparent container. The City Clerk shall provide all materials and oversee the process, which shall be conducted as follows: (1) Each candidate's name shall be printed on ten (10) individual pieces of paper. All pieces must be identical in color, size, shape, and weight. (2) Prior to the drawing, the City Clerk shall lay all twenty (20) pieces of paper on a table and each candidate shall inspect and audibly count the ten (10) pieces bearing their name to confirm accuracy and uniformity. At no time shall a candidate touch any of the twenty (20) pieces of paper. (3) Once verified, the City Clerk shall fold each piece of paper in a consistent manner sufficient to conceal the printed names. (4) The City Clerk shall then place all folded papers into a clear or transparent container. (5) After placing the papers inside, the City Clerk shall securely close the container and shake it thoroughly to ensure the contents are well mixed. (6) Without looking, the City Clerk shall draw one piece of paper from the container and read the name aloud. The name drawn shall be recorded immediately. (7) Following the drawing, a post -audit shall be conducted by counting the remaining Pieces of paper in the container. There should be nineteen (19) papers remaining: nine (9) bearing the name of the winning candidate and ten (10) bearing the name of the other candidate. (8) If the post -audit confirms the expected count, the candidate whose name was drawn shall be officially declared the winner. G. Special elections. Special elections, when required, shall be scheduled by the Commission at such times and in such manner as shall be consistent with the Charter. FH. Single candidates. No election for Mayor or any Commission seat shall be required in any election if there is only one duly qualified candidate for Mayor or for any Commission seat. That candidate shall be considered elected automatically. #I. Absentee votes. Absentee voting will be permitted as provided by the laws of the state and under such conditions as may be prescribed by ordinance from time to time; provided, however, that no ordinance shall limit the right to vote by absentee ballot available under state law. IJ. Commencement of terms. The term of office of any elected official will commence on the 14th day after certification of the general or run-off election in which he/she is elected, unless that day falls on a Saturday or Sunday, in which case it shall be the next Monday immediately following at 12 o'clock noon, or immediately upon certification of the results of _a special election ("commencement term"), and will end at midnight of the day before @BCL@EO1547CD Page 6 of 11 79 the commencement term. The +„rm of eff ee of aRy elegy+ed- effi..ial .yill A th., upless that day falls en a SatwFday 9F SuRday, iR 40.4horCh r0aSe 4- Shall be the Aput PARR mmediately fellewing, at 12iQQ Re9R ("Ge,;,meneemeHt teFFR"`mil;-eRH at 12 m ir�r. i.,h+ of +he day beferc the rse mrvme RGe vmeRt term § 26-41413. - Terms of office; Residential Areas; term limits. A. Election and Term of Office. Each Commissioner and the Mayor shall be elected at -large for four-year terms by the electors of the City in the manner provided in Article 5 of the Charter. The fear=dear term length fer eaeh 6e iss+eRer aAd- the MayeF whrirzih,Or, of o_f_f_ice of the PAaY9F .d (*ty rcmmic 1Id th ii / F r. the teF o, v��cc o� c��o ...a o� ana c�c c�������oSienerS which wei, � erase eif"ire—irr B. Residential areas. The City shall be divided into four residential areas. The Northern Residential Area shall be called Seat 1. The Central Residential Area shall be called Seat 2. The Southern Residential Area shall be called Seat 3 and the Mid -South Residential Area shall be called Seat 4. The boundaries of each residential area shall be established by Ordinance based on population. Said Ordinance is required to be adopted by a super - majority vote or 4-1 vote of the City Commission. The City Commission may from time to time redraw the boundaries of the residential areas to ensure proportionality based on population growth. The boundary changes shall be made available to public immediately upon the adoption of the Ordinance. One Commissioner shall reside in the Northern Residential Area (Seat 1), one Commissioner shall reside in the Central Residential Area (Seat 2); one Commissioner shall reside Southern Residential Area (Seat 3); and one Commissioner shall reside in the Mid -South Residential Area (Seat 4). Persons running from a particular Residential Area must be a resident of the Residential Area which s/he proposes to represent on the Commission continuously for at least one year prior to qualifying, at the time of his/her election and must continue to reside in such Residential Area during his/her term of office. Commissioners holding Seats 1, 2, 3 or 4 are collectively referred to as the "Residential Area Commissioners", individually as a "Residential Area Commissioner". C. Description of seat areas. Seat 1 encompasses the northern residential area of the City and shall consist of all addresses north of 178th Street to the northern corporate City limits. Seat 2 encompasses the central residential area of the City and shall consist of all addresses south of 178th and north of the center line of 172nd Street. Seat 3 encompasses the southern residential area of the City and shall consist of all addresses south of Sunny Isles Boulevard (SR 826) to the southern corporate City limits. Seat 4 encompasses the mid -south residential area of the City and shall consist of all addresses from the south side of 172nd Street south to and including Sunny Isles Boulevard (SR 826). A diagram of the redrawn residential boundary areas, showing the addresses within each seat, is attached hereto as Exhibit "A" (Exhibit A is on file in the City offices). D. Revision of residential boundary areas. The City Commission may from time to time redraw the boundaries of the residential areas to ensure proportionality based on population growth. The boundary changes shall be made available to the public immediately upon the adoption of the ordinance. The boundaries of each residential area @BCL@E01547CD Page 7 of 11 80 shall be established by ordinance based on population. Said ordinance is required to be adopted by a super -majority vote or 4-1 vote of the City Commission. E. Limitations on lengths of service. No person shall serve as Mayor for more than two elected terms. No person shall serve as a Commissioner for more than two elected terms. A "term" shall be deemed commenced upon eieaiGR being sworn into office, whether or not it is actually completed, except that a vacancy being filled for less than two years remaining in the filling of that term shall not be counted as a "term" under this section. .... . .... .......... WN § 26-1614. - Vacancies; forfeiture of office; filling of vacancies. A. Vacancies. The office of a Commissioner (including the Mayor) shall become vacant upon his/her death, effective date of resignation, disability, which in this case shall mean incapacity to perform the duties of office, suspension or removal from office in any manner authorized by law, or by forfeiture of his/her office. B. Forfeiture of office. (1) Forfeiture by disqualification. A Commissioner shall forfeit his/her office if at any time during his/her term s/he: (a) Ceases to maintain his/her permanent residence in the City; (b) In the case of a Residential Area Commissioner, upon his/her ceasing to reside in his/her respective Residential Area; or (c) Otherwise ceases to be a qualified elector of the City. (2) Forfeiture by absence. A Commissioner shall be subject to forfeiture of his/her office, in the discretion of the remaining Commissioners, if s/he is absent with good cause from any six regular meetings of the Commission during any calendar year (provided such meetings do not occur in less than a three-month period), or if s/he is absent without good cause from any four, or three as to the Mayor, consecutive regular meetings of the Commission, whether or not during the same calendar year. (3) Procedures. The Commission shall be the sole judge of the qualifications of its members and shall hear all questions relating to forfeiture of a Commissioner's office, including whether or not good cause for absence has been or may be established. The burden of establishing good cause shall be on the Commissioner in question; provided, however, that any Commissioner may at any time during any duly held meeting move to establish good cause for the absence of him/herself or the absence @BCL@E01547CD Page 8 of 11 81 of any other Commissioner, from any past, present or future meeting(s), which motion, if carried, shall be conclusive. A Commissioner whose qualifications are in question, or, who is otherwise subject to forfeiture of his/her office, shall not vote on any such matters. The Commissioner in question shall be entitled to a public hearing(s) on request regarding an alleged forfeiture of office. If a public hearing is requested, notice thereof shall be published in accordance with the provisions of F.S. Ch. 50, at least one week in advance of the hearing. Any final determination by the Commission that a Commissioner has forfeited his/her office shall be made by resolution. All votes and other acts of the Commissioner in question prior to the effective date of such resolution shall be valid regardless of the grounds of forfeiture. C. Filling of vacancies of Mayor and Commissioners. (1) If the Mayor's position becomes vacant, and no more than six months remain in the unexpired term of the Mayor, the Vice -Mayor shall complete the term of Mayor. If more than six months remain in the unexpired term of the Mayor, the vacancy shall be filled by a special election to be held not sooner than 45 days or more than 90 days following the occurrence of the vacancy, unless there is a City, County or State or national election scheduled to take place not sooner than 45 or more than 90 days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The Vice -Mayor shall serve the term of the Mayor until the special election or scheduled election. A new Vice -Mayor shall serve until the election or scheduled election, unless reappointed. (2) if the vacancy occurs on the Commission, and no more than six months remain in the unexpired term, the vacancy shall be filled by a nominee of the Mayor, within 30 days following the occurrence of the vacancy, subject to confirmation of the Commission. If more than six months remain in the unexpired term of a Commissioner, the vacancy shall be filled by a special election to be held not sooner than 45 days or more than 90 days following the occurrence of the vacancy, unless there is a City, county, state or national election scheduled to take place not sooner than 45 days or more than 90 days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The vacancy occurring on the Commission shall be filled by a nominee of the Mayor within 30 days following the occurrence of the vacancy, subject to the confirmation of the Commission. The nominee shall fill the vacancy until the special election or scheduled election. (3) A vacancy in any Residential Area seat shall be filled by a qualified person residing in the respective Residential Area. (4) Persons filling vacancies shall meet the qualifications specified in § C-2.154 of the Charter, and § 26-6 of this Chapter. (5) If no candidate for a vacancy meets the qualifications under Article 2 of the Charter for that vacancy, the Commission shall appoint a person qualified under Article 2 of the Charter to fill the vacancy, who shall serve until the next regularly scheduled election for the balance of the original term, but only after a public hearing and, in addition to regular notice requirements, if such vacancy applies to a specific Residential Area, after ten days' mailed notice is given to all electors of that particular Residential Area. (6) Notwithstanding any quorum requirements established herein, if at any time the full membership of the Commission is reduced to less than a quorum, the remaining members may, by unanimous vote, appoint additional members to the extent otherwise permitted or required under Subsection C of § C-2.5 of the Charter. @BCL@E01547CD Page 9 of 11 82 (7) In the event that all members of the Commission are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor shall appoint interim Commissioners who shall call a special election within not less than 30 days or more than 60 days after such appointment. Such election shall be held in the same manner as the first elections under the Charter; provided, however, that if there are fewer than six months remaining in any of the unexpired terms, such interim Commission appointee(s) by the Governor shall serve out the unexpired terms. Appointees must meet all requirements for candidates provided for in Article 2 of the Charter. 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 10day of PASSED and ADOPTED on second reading t is ha of VZ*H Larisa Svechin, Mayor ATTEST• APPROVED AS TO FORM AND LEGAL SUFFICIENCY: iur, CIVIC, City Clerk ain E. Boileau, for Nabors, Giblin & Mauri�lo Betan Nickerson, P.A., City Attorney First Reading Second Reading Motion: �(�N(1�ISSrQ��� SOS Motion: (�J/�,F,/�(SS/�� �►%�E� @BCL@E01547CD Page 10 of 11 83 Second: 1 / air Vote on First Reading: Mayor Svechin Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Vote on Second Reading: Mayor Svechin (�1►�r"� Vice Mayor Lama Commissioner Joseph Commissioner Stuyvesant Commissioner Viscarra Second: Sl#&6—y -7 (es) (Yes) (Yes) (Yes) (Yes) (Yes) i/ (Yes) (Yes) (Yes) -(Yes) (No) (No) (No) (No) (No) (No) (No) (No) (No) (No) @BCL@E01547CD Page 11 of 11 84 ,rr GF 50t4 h,_ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Mauricio Betancur, City Clerk DATE: November 20, 2025 RE: Revisions to the City's Code of Ordinances, Chapter 26 - Elections RECOMMENDATION: Adopt the ordinance. REASONS: As discussed during the City Commission Workshop in September, this ordinance proposes revisions to Chapter 26 of the City's Code of Ordinances, titled "Elections." The primary purpose of these revisions is to align the Code with the City Charter for consistency and clarity. Below are a few of the proposed revisions. Candidate Qualifying Period One proposed change not directly related to Charter inconsistencies is a revision to the official qualifying period for candidates. Currently, the qualifying period is held between the 84th and 81st day prior to the election. The proposed revision shifts this window to between the 92nd and 88th day prior to the scheduled election, one week earlier and adding an extra day. This adjustment provides additional time to submit the names of duly qualified candidates to the Supervisor of Elections (SOE), ensuring timely inclusion on the ballot. Supplemental Qualifying Period The Code currently allows for a two-day supplemental qualifying period if the death or withdrawal of a qualified candidate results in only one candidate remaining on the ballot for a particular office. By revising the official qualifying period as proposed, the City would retain sufficient time to conduct the supplemental qualifying period and still meet the SOE's ballot submission deadlines. Canvassing Board Membership Item Number: 8.13 72 A minor revision expands the membership of the canvassing board to include an alternate member. The alternate would attend all canvassing board meetings and participate only in the absence of one of the three primary members. This change ensures continuity and quorum compliance during important election -related activities. To reflect current practice, the City Clerk would recommend the third and alternate members of the board, subject to approval by the City Commission. Early Voting Feasibility At the request of Commissioner Stuyvesant, the discussion will also include the feasibility of designating a location within the city's boundaries as an Early Voting site during future elections. This would require prior approval from the SO and in accordance with state statutes. ATTACHMENTS: Ordinance Item Number: 8.13 73