Miami-Dade Legislative Item
File Number: 050584
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File Number: 050584 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Community Outreach, Safety & Healthcare Admin Cmte
File Name: ORD. CREATE 12-26; GRANT RIGHT FOR FELONS VOTE ELECTIONS FOR Introduced: 3/1/2005
Requester: NONE Cost: Final Action:
Agenda Date: 3/15/2005 Agenda Item Number: 13I
Notes: Title: ORDINANCE CREATING SECTION 12-26 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; GRANTING THE RIGHT TO VOTE IN ELECTIONS FOR COUNTY COMMISSIONERS TO FORMER FELONS WHO HAVE COMPLETED THEIR SENTENCES BUT WHO HAVE NOT HAD THEIR CIVIL RIGHTS RESTORED, AND WHO WOULD, BUT FOR THEIR STATUS AS FORMER FELONS, BE ELIGIBLE TO VOTE UNDER THE LAWS OF THE STATE OF FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ELECTIONS
  VOTING SYSTEMS
Sponsors: Katy Sorenson, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-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

County Attorney 6/8/2005 Assigned Community Outreach, Safety & Healthcare Admin Cmte 8/17/2005

Board of County Commissioners 3/15/2005 13I Adopted on first reading 4/13/2005 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Community Outreach, Safety and Healthcare Administration Committee on April 13, 2005 at 9:30 a.m.

County Attorney 3/1/2005 Assigned Community Outreach, Safety & Healthcare Admin Cmte 4/13/2005

County Attorney 3/1/2005 Assigned Jeffrey P. Ehrlich

Legislative Text


TITLE
ORDINANCE CREATING SECTION 12-26 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; GRANTING THE RIGHT TO VOTE IN ELECTIONS FOR COUNTY COMMISSIONERS TO FORMER FELONS WHO HAVE COMPLETED THEIR SENTENCES BUT WHO HAVE NOT HAD THEIR CIVIL RIGHTS RESTORED, AND WHO WOULD, BUT FOR THEIR STATUS AS FORMER FELONS, BE ELIGIBLE TO VOTE UNDER THE LAWS OF THE STATE OF FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, persons convicted as felons who have not had their civil rights restored are ineligible to vote under the laws of the State of Florida; and
WHEREAS, the State of Florida’s disenfranchisement of felons has a disparate impact on, among others, African Americans; and
WHEREAS, this Board believes that persons who have been convicted of felonies but have completed their sentences should be permitted to participate in civic activities, including the choosing of their elected representatives; and
WHEREAS, article VIII, section 6 of the Florida Constitution grants to Miami-Dade County the power to adopt a home rule charter that, among other things, fixes the “method of election” for County Commissioners; and
WHEREAS, pursuant to section 2.06.A of that charter, this Board may adopt ordinances relating to elections not inconsistent with the charter,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 12-26 of the Code of Miami-Dade County, Florida, is hereby created as follows:1

>>Sec. 12-26. Felons voting in elections for County Commissioners.

Persons convicted as felons who have completed their sentences but who have not had their civil rights restored, and who would, but for their status as former felons, be eligible to vote under the laws of the State of Florida, shall be eligible to vote in elections for Miami-Dade County Commissioners.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.



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