Miami-Dade Supervisor of Elections to collaborate with County Commission and Clerk with a finalized interlocal agreement, clearing pathway for the petition and recall process

Last evening, following Board of County Commissioners action and the waiver of the veto period by the County Mayor, the Miami-Dade Supervisor of Elections transmitted the approved recall petition format to the Clerk of the Courts so that he can approve a recently submitted mayoral recall petition for form and allow the sponsor to seek signatures from Miami-Dade County electors.

“I have been trying to get this agreement and process completed since taking office a year ago and I am pleased we finally made some significant progress. This is all about being responsive and timely to voters and avoiding disenfranchising voters who seek a petition process to recall an elected official,” said Miami-Dade’s Supervisor of Elections, the Honorable Alina Garcia. “I thank the Chairman and the Board of County Commissioners and the Clerk for their support and collaboration.”  

Chapter 12 of the Code of Miami-Dade County imposed additional duties and responsibilities on the Supervisor of Elections when the Office of the Supervisor of Elections was a department within the County subject to ordinances of the Board of County Commissioners that are not provided for in State Law.  As a “County Officer” under the Constitution, the powers, duties, and responsibilities of Ms. Garcia’s office may only be assigned by State Law absent an interlocal agreement to perform on behalf of a local government.  Although the Office of the Supervisor of Elections was willing to continue to provide these services on behalf of the County, and has repeatedly offered to do so, it had not yet been able to enter into an interlocal agreement with the County until yesterday, authorizing the office to perform these tasks on behalf of the County, nor has the County reassigned these duties to another department still within the County. 

By passing the item on yesterday’s agenda regarding Section 12-23 of the Code of Miami-Dade County, the Office of the Supervisor of Elections is now authorized to perform the functions required by Miami-Dade County Code to allow residents to petition their government in accordance with the Miami-Dade County Home Rule Charter and the Florida Constitution including  the recall of elected officials.

With the provision of the format, the Clerk will now have to approve the recent citizen’s petition to recall the Mayor of Miami-Dade County for form and, once approved, notify the petitioners they have 120 days to proceed with circulating the petition to obtain the required  signatures of 4% of registered voters.

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