Miami-Dade Legislative Item
File Number: 112236
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File Number: 112236 File Type: Resolution Status: Adopted
Version: 0 Reference: R-940-11 Control: Board of County Commissioners
File Name: THIRD-DEGREE FELONY TO RETRIEVE ABSENTEE BALLOTS Introduced: 10/21/2011
Requester: NONE Cost: Final Action: 11/3/2011
Agenda Date: 11/3/2011 Agenda Item Number: 11A11
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION MAKING IT A THIRD-DEGREE FELONY TO RETRIEVE OR RETURN MORE THAN ONE ABSENTEE BALLOT FROM A NON-RELATIVE; ALTERNATIVELY URGING THE LEGISLATURE TO MAKE IT A THIRD DEGREE FELONY TO VIOLATE ANY LOCAL ELECTION LAW
Indexes: LEGISLATURE
Sponsors: Rebeca Sosa, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Lynda Bell, Co-Sponsor
  Dennis C. Moss, 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 11/3/2011 11A11 Adopted P

County Attorney 10/21/2011 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION MAKING IT A THIRD-DEGREE FELONY TO RETRIEVE OR RETURN MORE THAN ONE ABSENTEE BALLOT FROM A NON-RELATIVE; ALTERNATIVELY URGING THE LEGISLATURE TO MAKE IT A THIRD DEGREE FELONY TO VIOLATE ANY LOCAL ELECTION LAW

BODY

WHEREAS, section 12-14,of the Code of Miami-Dade County provides that a person may retrieve no more than two absentee ballots other than his or her own per election, only one of which may be for an elector not of the designee’s immediate family; and
WHEREAS, section 12-14 has the effect of prohibiting any person from retrieving more than one absentee ballot from a non-relative; and
WHEREAS, this Board currently has under consideration an ordinance that would amend section 12-14 to expressly impose a penalty of up to 60 days in jail and up to a $1,000 fine for violating the provisions of the section; and
WHEREAS, while this penalty is only a misdemeanor, state law does not allow counties to impose felony penalties for county ordinance violations without express statutory authorization; and
WHEREAS, violations of state elections laws related to absentee ballots are punishable as a third degree felony pursuant to sections 104.047 and 104.0616, Florida Statutes; and
WHEREAS, absentee ballot fraud is a serious offense that goes to the root of our democracy; and
WHEREAS, this Board desires that the Florida Legislature make it a third degree felony for any person to retrieve or return more than one absentee ballot from a non-relative; and
WHEREAS, alternatively, this Board would ask the Florida Legislature to make it a third degree felony to violate any local election law regarding absentee ballots,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to enact legislation making it a third-degree felony to retrieve or return more than one absentee ballot from a non-relative; alternatively urges the Legislature to make it a third degree felony to violate any local election law regarding absentee ballots.
Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, the Senate President, the House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County’s state lobbyists to advocate for the issue identified in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2012 State legislative package to include this item in the 2013 state legislative package.



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