Miami-Dade Legislative Item
File Number: 122417
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File Number: 122417 File Type: Ordinance Status: In Committee
Version: 0 Reference: 13-13 Control: Board of County Commissioners
File Name: ELECTION REPORTS TO THE BOARD Introduced: 12/6/2012
Requester: NONE Cost: Final Action: 2/5/2013
Agenda Date: 2/5/2013 Agenda Item Number: 7F
Notes: Title: ORDINANCE REQUIRING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PROVIDE REPORTS TO THE BOARD PRIOR TO AND AFTER PRIMARY AND GENERAL ELECTIONS; CREATING SECTION 12-1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: ELECTIONS
  ORDINANCE
  REPORT
Sponsors: Dennis C. Moss, Prime Sponsor
  Audrey M. Edmonson, Co-Sponsor
  Sally A. Heyman, 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 2/5/2013 7F Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no comments or questions the Board proceeded to vote on the foregoing proposed ordinance as presented.

Infrastructure and Land Use Committee 1/16/2013 1F3 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Jordan opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Committee members proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners 12/18/2012 Tentatively scheduled for a public hearing Infrastructure and Land Use Committee 1/16/2013

Board of County Commissioners 12/18/2012 4H Adopted on first reading 1/16/2013 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Infrastructure & Land Use Committee on Wednesday, January 16, 2013, at 2:00 p.m.

Office of the Chairperson 12/14/2012 Scrivener's Errors
REPORT: On handwritten page 4, Sec. 12-1. Reports to the Board should read: The County Mayor or the County Mayor’s designee shall prepare and deliver, between sixty and ninety days prior to any Primary or General election, … shall be heard at a time certain to be set by the Chairperson.

County Attorney 12/10/2012 Referred Infrastructure and Land Use Committee 1/16/2013

County Attorney 12/6/2012 Assigned Oren Rosenthal 12/7/2012

Legislative Text


TITLE
ORDINANCE REQUIRING COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO PROVIDE REPORTS TO THE BOARD PRIOR TO AND AFTER PRIMARY AND GENERAL ELECTIONS; CREATING SECTION 12-1 OF THE CODE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
WHEREAS, Miami-Dade County, through its Home Rule Charter, abolished the constitutional office of Supervisor of Elections as a separate office and now provides that the duties and functions of that office shall be performed by the County Mayor or the County Mayor’s designee; and
WHEREAS, the Home Rule Charter empowers the Board to make investigations of County affairs and inquire into the “conduct, accounts, records, and transactions of any department or office of the County”; and
WHEREAS, Miami-Dade electors voting during the November 2012 General Election experienced long lines and waiting times averaging five hours during early voting and much longer in many precincts during election day; and
WHEREAS, the Board desires to review the preparation and performance of the Department of Elections prior to and after Primary and General elections; and
WHEREAS, the orderly conduct of elections is of paramount importance to a functioning democracy, the Board desires that such reports be given at a time certain during a regular Board meeting, to provide adequate opportunity for the Board to thoroughly review such reports and recommendations and consider actions to improve the elections process,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 12-1 of the Code of Miami-Dade County, Florida, is hereby created to read as follows in its entirety:
Sec. 12-1. Reports to the Board.

The County Mayor or the County Mayor’s designee shall prepare and deliver, between sixty and ninety days prior to any Primary or General election, a report to the Board of County Commissioners detailing the Department of Elections’ preparations for such election. The report shall, at a minimum, contain: (1) an analysis of the anticipated voter turnout; (2) the anticipated utilization of absentee voting, early voting and Election Day voting by Miami-Dade County voters; (3) the steps taken by the Department to ensure that voters are able to cast ballots in a reasonable amount of time; (4) a summary of the equipment and personnel to be deployed at early voting locations and Election Day precincts; and (5) any additional budgetary or legislative requests necessary to perform the duties of the Department at the General Election. The County Mayor or the County Mayor’s designee shall also prepare and deliver, between thirty and sixty days after any Primary or General election, a report to the Board of County Commissioners detailing the performance of the Department of Elections during such election. The report shall, at a minimum, contain: (1) an analysis of the voter turnout; (2) the amount of time taken by voters to cast ballots; (3) any irregularities or problems in the Department’s conduct of the election or in the voting process; and (4) budgetary or legislative recommendations for improvement of the voting experience in future elections. Notwithstanding any other provision of the Code to the contrary, such reports shall be placed on the agenda of the next regularly scheduled meeting of the Board of County Commissioners and shall be heard at a time certain to be set by the Chairperson.

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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