Miami-Dade Legislative Item
File Number: 181661
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File Number: 181661 File Type: Resolution Status: Adopted
Version: 0 Reference: R-744-18 Control: Board of County Commissioners
File Name: PROHIBIT ANY PERSON CIRCULATING AN INITIATORY PETITION Introduced: 6/28/2018
Requester: NONE Cost: Final Action: 7/10/2018
Agenda Date: 7/10/2018 Agenda Item Number: 11A19
Notes: Title: RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2018, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROHIBIT ANY PERSON CIRCULATING AN INITIATORY PETITION FROM PAYING OR OFFERING TO PAY ANY INDIVIDUAL OR ORGANIZATION, OR RECEIVE PAYMENT OR AGREE TO RECEIVE PAYMENT, ON A BASIS RELATED TO THE NUMBER OF SIGNATURES OBTAINED FOR CIRCULATING THE PETITION AND INVALIDATE ANY PETITIONS COLLECTED IN VIOLATION OF THIS PROHIBITION
Indexes: CHARTER AMENDMENT
Sponsors: Dennis C. Moss, Prime 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

Board of County Commissioners 7/10/2018 11A19 Adopted P
REPORT: Responding to Commissioner Martinez’ question, Assistant County Attorney Oren Rosenthal advised the item would only prohibit a payment on a per signature basis to circulate an initiatory petition. Hearing no further comments or questions, the Board proceeded to vote on the foregoing proposed resolution, as presented.

County Attorney 6/28/2018 Assigned Oren Rosenthal 6/29/2018

Legislative Text


TITLE
RESOLUTION CALLING A COUNTYWIDE SPECIAL ELECTION IN MIAMI-DADE COUNTY, FLORIDA, TO BE HELD IN CONJUNCTION WITH A GENERAL ELECTION ON TUESDAY, NOVEMBER 6, 2018, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMIDADE COUNTY THE QUESTION OF WHETHER TO AMEND THE HOME RULE CHARTER TO PROHIBIT ANY PERSON CIRCULATING AN INITIATORY PETITION FROM PAYING OR OFFERING TO PAY ANY INDIVIDUAL OR ORGANIZATION, OR RECEIVE PAYMENT OR AGREE TO RECEIVE PAYMENT, ON A BASIS RELATED TO THE NUMBER OF SIGNATURES OBTAINED FOR CIRCULATING THE PETITION AND INVALIDATE ANY PETITIONS COLLECTED IN VIOLATION OF THIS PROHIBITION

BODY
WHEREAS, on March 20, 2017, this Board approved Resolution No. R-304-17 creating a Charter Review Task Force to review the Home Rule Charter of Miami-Dade County in its entirety and prepare and submit to the Board of County Commissioners written recommendations setting forth any proposed amendments or revisions to the Charter; and
WHEREAS, on February 28, 2018 the Charter Review Task Force transmitted a final report recommending that this Board place proposed changes to the Miami-Dade County Home Rule Charter before the electorate of the County; and
WHEREAS, among the issues studied by the Charter Review Task Force was whether the Charter should prohibit person or persons circulating initiatory petitions from paying or offering to pay any individual or organization, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating the petition; and



WHEREAS, the Charter Review Task Force believed that such a method of payment gives a strong incentive to gatherers to forge signatures or otherwise use fraudulent methods in order to up their total number of signatures submitted and thus their payment; and
WHEREAS, the Charter Review Task force, by a vote of seven in favor and one against, recommends that the circulators of initiatory petitions be prohibited from paying or offering to pay any individual or organization, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating the petition; and
WHEREAS, this Board desires to place this issue before the voters on the November 6, 2018 General Election Ballot,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. A countywide special election is hereby called and shall be held in Miami-Dade County, Florida in conjunction with a General Election on Tuesday, November 6, 2018, for the purpose of submitting to the qualified electors of Miami-Dade County the proposal for amendment to the Home Rule Charter in the form attached hereto and made a part hereof.
Section 2. Notice of such election shall be published in accordance with Section 100.342, Florida Statutes.
Section 3. The result of such election shall be determined by a majority of the qualified electors of Miami-Dade County voting upon the proposal. The polls at such election shall be open from 7:00 a.m. until 7:00 p.m. on the day of such election. All qualified electors of Miami-Dade County, Florida shall be entitled to vote at said election. The County registration books shall


remain open at the Office of the Miami-Dade County Supervisor of Elections until twenty-nine (29) days prior to the date of such election, at which time the registration books will close in accordance with the provisions of general election laws. The question shall appear on the ballot in substantially the following form:

CHARTER AMENDMENT
PROHIBITING CERTAIN PAYMENTS CIRCULATORS OF INITIATORY PETITIONS

SHALL THE CHARTER BE AMENDED TO PROHIBIT ANY PERSON CIRCULATING AN INITIATORY PETITION FROM PAYING OR OFFERING TO PAY ANY INDIVIDUAL OR ORGANIZATION, OR RECEIVE PAYMENT OR AGREE TO RECEIVE PAYMENT, ON A BASIS RELATED TO THE NUMBER OF SIGNATURES OBTAINED FOR CIRCULATING THE PETITION AND INVALIDATE ANY PETITIONS COLLECTED IN VIOLATION OF THIS PROHIBITION?


YES

NO

Section 4. The form of the ballot shall be in accordance with the requirements of general election laws.
Section 5. Early voting shall be conducted in accordance with the requirements of general election laws.
Section 6. Absentee paper ballots may be used by qualified electors of Miami-Dade County for voting on this question. The form of such absentee ballot shall be in accordance with the requirements prescribed by general election laws.
Section 7. A sample ballot showing the manner in which the question or proposal aforesaid will appear at this election shall be published and provided in accordance with the applicable provisions of general election laws.
Section 8. This special election on the proposal aforesaid shall be held and conducted in accordance with applicable provisions of the general laws relating to elections and the provisions of the Miami-Dade County Home Rule Charter. The County Mayor or his or her designee, the Finance Director, and the Clerk of the County Commission are hereby authorized and directed to take all appropriate actions necessary to carry into effect and accomplish the provisions of this resolution. This election shall be a nonpartisan election. Election officials in connection with this election shall be appointed in accordance with the provisions of general election laws.
Section 9. This election shall be canvassed by the County Canvassing Board, in accordance with the provisions of Section 3.07 of the Home Rule Charter.

OTHER

MIAMI-DADE COUNTY HOME RULE CHARTER

ARTICLE-81

INITIATIVE, REFERENDUM, AND RECALL

* * *


SECTION 8.01. INITIATIVE AND REFERENDUM.

* * *

2. The person or persons circulating the petition shall, within 120 days of the approval of the form of the petition, obtain the valid signatures of voters in the county in numbers at least equal to four percent of the registered voters in the county on the day on which the petition is approved, according to the official records of the County Supervisor of Elections. In determining the sufficiency of the petition, no more than 25 percent of the valid signatures required shall come from voters registered in any single county commission district. Each signer of a petition shall place thereon, after his name, the date, and his place of residence or precinct number. Each person circulating a copy of the petition shall attach to it a sworn affidavit stating the number of signers and the fact that each signature was made in the presence of the circulator of the petition. >>The person or persons circulating the petition shall not pay or offer to pay any individual or organization, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating the petition. Any signed petitions collected by a circulator paid on a basis related to the number of signatures obtained shall be invald.<<

* * *

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



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