Miami-Dade Legislative Item
File Number: 112056
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File Number: 112056 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Infrastructure and Land Use Committee
File Name: ADDING PENALTIES FOR VIOLATING LIMITS ON ABSENTEE BALLOTS Introduced: 10/3/2011
Requester: NONE Cost: Final Action:
Agenda Date: 10/18/2011 Agenda Item Number: 4D
Notes: Title: ORDINANCE REGARDING ABSENTEE BALLOTS; AMENDING SECTION 12-4 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, ADDING PENALTIES FOR VIOLATING LIMITS ON PICKING UP AND/OR RETURNING ABSENTEE BALLOTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ABSENTEE BALLOTS
  ORDINANCE AMENDING
Sponsors: Rebeca Sosa, Prime Sponsor
  Lynda Bell, Co-Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Xavier L. Suarez, 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

Board of County Commissioners 10/18/2011 4D Amended
REPORT: (SEE AGENDA ITEM 4D AMENDED; LEGISLATIVE FILE NO. 112169.)

County Mayor 10/13/2011 Scrivener's Errors 10/18/2011
REPORT: On handwritten page 3, the three reference to Section 12-4 (once in the title and twice in the body of the ordinance) should be replaced with Section 12-14.

County Attorney 10/3/2011 Referred Infrastructure and Land Use Committee 11/9/2011

County Attorney 10/3/2011 Assigned Oren Rosenthal

Legislative Text


TITLE
ORDINANCE REGARDING ABSENTEE BALLOTS; AMENDING SECTION 12-4 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, ADDING PENALTIES FOR VIOLATING LIMITS ON PICKING UP AND/OR RETURNING ABSENTEE BALLOTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section1. That Section 12-4 of the Code of Miami-Dade County, Florida, is amended to read as follows:1
CHAPTER 12. ELECTIONS


* * *

Sec. 12-4. Absentee ballots

(a) An absentee ballot shall be provided to and returned by an elector, except an overseas elector, in person or by mail except as provided herein. For purposes of this section, "mail" means delivery by the United States Postal Service. Absentee ballots shall be provided to and returned by overseas electors in accordance with federal law and Florida Statutes. The Supervisor of Elections may provide to and receive absentee ballots from employees of the Miami-Dade Corrections and Rehabilitation Department who are designated by the Director to facilitate the vote for inmates of correctional facilities who are eligible to vote. The Supervisor of Elections may provide an absentee ballot to a designee of an elector if the elector is unable to retrieve and/or return the ballot in person or by mail as follows:

(b) The designee must provide to the Supervisor of Elections identification from the elector, picture identification of the designee, and a written statement signed by the elector authorizing the designee by name to pick up and/or return the absentee ballot. If the elector is a member of the designee's immediate family, the signed statement must include the circumstances requiring the designee to pick up and/or return the absentee ballot. If the elector is not a member of the designee's immediate family, the designee must also provide to the Supervisor of Elections a statement signed by a physician on that physician's stationery that, due to a medical emergency involving the elector or elector's dependent, the named elector is unable to vote at the polls and is unable to pick up and/or return an absentee ballot in person. A designee may retrieve no more than two (2) absentee ballots other than his or her own per election, only one (1) of which may be for an elector not of the designee's immediate family. For purposes of this section, "immediate family" means the elector's spouse or the parent, child, grandparent, or sibling of the elector. A designee may only pick up and/or return an absentee ballot on the day before or day of the election for an immediate family member and on the day of the election for a non-family member. The designee must complete an affidavit that states that the designee is authorized by the elector to retrieve and/or return the elector's ballot and shall indicate his or her relationship to the elector, if any. >>Any person picking up and/or returning absentee ballots in violation of the provisions of this subsection shall be punished by a fine not to exceed one thousand dollars ($1000.00) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the court having jurisdiction over the cause.<<

(c) The Supervisor of Elections shall prescribe the form of the affidavit to be completed and signed by a designee of an elector. If the Supervisor of Elections is satisfied that the designee is authorized to retrieve and/or return the absentee ballot, the ballot shall be provided to or accepted from the designee.


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.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. The remaining provisions are now in effect and remain unchanged.



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