Title 16 · Chapter 16 - ELECTIONS
Candidate qualifications; affidavit, and form thereof, required of candidates for office of commissioner or mayor; finding candidate unqualified; failure to submit affidavit; authorization for city clerk to pursue judicial declaration
Section: 16-6
(a)
A candidate for the office of mayor shall:
(1)
Possess the qualifications requisite to an elector at a general state election;
(2)
Have resided within the city at least one year prior to qualifying for the office;
(3)
Be required to maintain an actual and real residence for the duration of his/her term of office in the city;
(4)
Have been registered by the city registration books that have been prescribed by ordinance;
(5)
Be a qualified elector of the city as set forth in section 4 of the Charter of the city; and
(6)
Shall:
a.
Pay a qualification fee in the amount of $100.00;
b.
Follow the petition process in lieu of a qualification fee provided below; or
c.
Pay a qualification fee in the amount of $100.00 and follow the petition process in lieu of a qualification fee provided below.
(b)
A candidate for the office of commissioner shall:
(1)
Possess the qualifications requisite to an elector at a general state election;
(2)
Have resided, within the city for at least one year prior to qualifying;
(3)
Have resided within the district they wish to represent for at least one year prior to qualifying;
(4)
Be required to maintain an actual and real residence for the duration of their term in the city and in their district;
(5)
Have been registered by the city registration books that have been prescribed by ordinance;
(6)
Be a qualified elector of the city as set forth in section 4 of the Charter of the city; and
(7)
Shall:
a.
Pay a qualification fee in the amount of $100.00;
b.
Follow the petition process in lieu of a qualification fee provided below; or
c.
Pay a qualification fee in the amount of $100.00 and follow the petition process in lieu of a qualification fee provided below.
(c)
Candidates for nomination and election to the office of commissioner or mayor shall pay the required qualification fee, or follow the petition process in lieu of a qualification fee as provided for below, and file with the city clerk, on a form submitted by the clerk, a sworn statement in the following form containing the following information:
AFFIDAVIT OF CANDIDATE
CITY OF MIAMI, FLORIDA
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
CITY OF MIAMI )
___________ (hereinafter "affiant"), being first duly sworn, deposes and says:
1.
My name is ___________.
2.
I am offering myself as a candidate for the office of _______ of the City of Miami, Florida, in group _____.
3.
I have resided in the City of Miami for a minimum of one year before qualifying if applying for mayor and one year in the district if applying for commission and I am a registered voter and a duly qualified elector of the City of Miami, Florida, presently registered to vote in precinct no. _____.
I presently reside at the following address (must include zip code): _____ _____ ,
which is my legal address, and I have resided continually at said address from the _____ day of _______ to the _____ day of _______.
4.
Immediately prior to residing at the above-stated address, I have resided at the hereinbelow listed addresses for the cited periods of time:
(List hereinbelow all addresses at which you have resided for the past five years, as well as the length of time at each address.)
EXPAND Prior Addresses For the Period _______ _______ _______ _______ _______ _______
5.
In addition to the residence I have listed as my present address I also reside at the following listed addresses on a temporary basis as a secondary domicile or domiciles.
_____
_____
6.
Affiant's spouse resides at the following address:
(Must include city, state and zip code.)
_____
7.
Affiant's minor children reside at the following address:
(Must include city, state and zip code.)
_____
8.
At the present time, affiant (is) (is not) registered to vote in any city, county or state other than as stipulated in subparagraph 3, above.
9.
Name and business address of affiant's employer:
_____
_____
_____
10.
Affiant's occupation:
_____
Affiant's business telephone number(s):
_____
11.
Affiant has been employed in the above-cited capacity for the following period of time: _____ .
(Note: In the event the occupation of affiant has been for a period of less than one year, or the employment period with the same employer has been for a period of less than one year, affiant shall give the name(s) and address(es) of his/her employer(s) and occupation(s) for the period of one year prior to the date of this affidavit.)
_____
_____
_____
_____
12.
Affiant represents that he/she (is) (is not) currently holding another elective or appointive office—whether city, county or municipal—the term of which or any part thereof runs concurrently with that of the office he/she seeks, and that he/she has resigned from any office from which he/she is required to resign pursuant to F.S. § 99.012 and/or the City of Miami Charter.
13.
Affiant represents that, as of this date, he/she (is) (is not) seeking to qualify for a public office which is currently held by an officer who has authority to appoint, employ, promote, or otherwise supervise him/her and who has qualified as a candidate for reelection to that office.
Note: If affiant is an employee of the City of Miami, affiant shall take a leave of absence, without pay from his/her employment during the period in which affiant has become a candidate for elective public office. This Subsection does not apply to the Commissioners and Mayor, City Manager, City Attorney, City Clerk, and Independent Auditor General. Such leave of absence shall be effective upon whichever occurs first:
(a)
Such employee receives contributions or makes expenditures, or gives her or his consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination or election to public office; or
(b)
At the time such employee appoints a campaign treasurer and designates a primary depository; or
(c)
At the time such employee files qualification papers and subscribes to a candidate's oath as required by law.
14.
Affiant's campaign headquarters address and telephone number:
_____
_____
Affiant's campaign treasurer's name:
_____
Affiant's campaign treasurer's address:
_____
_____
Telephone nos.: (work) _____ (home) _____
15.
Affiant represents that, if elected, he/she shall serve in the elective office to which he/she seeks election.
16.
Following is the exact way in which affiant would like to have his/her name printed on the official ballot:
_____
SIGNED THIS _____ day of _______, 20___, in Miami, Florida.
_____ Affiant
BEFORE ME, the undersigned authority, personally appeared ___________, who, after first being duly sworn, deposes and states that ___________ executed the foregoing to the best of _______ knowledge and belief.
_____ CITY CLERK, CITY OF MIAMI, FLORIDA
(SEAL)
_______ Did take an oath
_______ Produced identification
Type of identification produced: _______
(d)
In the event the commission finds that any candidate for the office of mayor or commissioner does not meet the qualifications of an elector as required under the Charter of the city or of this section, the commission may adopt a resolution so finding and directing the city clerk to refrain from placing the name of the candidate for mayor or commissioner, as the case may be, on the ensuing ballot for such office. In the event the name of the candidate has already been placed on the ballot, then the clerk shall be instructed to take the necessary action to either remove the name from the ballot or lock the key for that particular candidate in order that the electorate shall not be permitted to vote on an unqualified candidate for the office of mayor or commissioner.
Nothing herein contained shall prohibit the candidate who is found to be unqualified for the office of mayor or commissioner from appealing the decision of the commission to a court of appropriate jurisdiction.
(e)
The city clerk shall not accept a qualification fee from any candidate who fails to submit to the clerk, either prior to or simultaneously with the submission of the qualification fee, the affidavit fully completed as required by subsection (b) hereof.
(f)
If the city clerk finds:
(1)
That the qualification papers of a candidate, on their face, are not in compliance with the applicable elections laws of the State of Florida and in compliance with the applicable municipal charter or laws or ordinances;
(2)
That the qualification papers of any candidate, on their face, are incomplete or defective, and are incomplete or defective at the end of the qualifying period;
(3)
That the qualification fee has not been paid in accordance with law or the candidate has not followed the petition process in lieu of a qualification fee as provided for below;
(4)
That a sworn written statement is or has been filed by a qualified elector residing within the municipality challenging the qualifications of a candidate for municipal office; or
(5)
That the city clerk has received written notification from the Miami-Dade County Supervisor of Elections that a candidate is not an elector of the City of Miami;
the city clerk is hereby authorized and directed to file and prosecute an appropriate action in the circuit court for Miami-Dade County, in the name of the city clerk, solely for the purpose of receiving a judicial determination with regard to the qualifications of the candidate. In the event the circuit court rules for the city clerk, the city clerk is directed to take the necessary action to remove the name from the ballot or notify the voting public of the candidate's invalidity if such removal is impracticable.
(g)
Petition process in lieu of a qualification fee.
(1)
A person who seeks to qualify as a candidate for mayor or commissioner and who meets the petition requirements of this section is not required to pay the city qualification fee required by this section.
(2)
Notwithstanding the above, a candidate is required to pay the state election assessment as described in F.S. § 99.093, as amended.
(3)
A candidate must obtain the number of signatures of voters in the geographical area represented by the office sought equal to at least one percent of the total number of registered voters of that geographical area, as shown by the compilation by the Miami-Dade County Elections Department for the immediately preceding general election. Signatures may not be obtained until the candidate has filed the appointment of campaign treasurer and designation of campaign depository and are valid only for the qualifying period immediately following such filings.
(4)
The format of the petition shall be prescribed by the city clerk and shall be used by candidates to reproduce petitions for circulation. If the candidate is running for an office that requires a district designation, the petition must indicate that designation and, if it does not, the signatures are not valid. A separate petition is required for each candidate.
(5)
Each petition must be submitted to the city clerk before noon of the 28th day preceding the first day of the qualifying period for the office sought. The city clerk shall submit the petition to the Miami-Dade County Elections Department in order to verify the status of the voters in the city or district of the office sought. No later than the seventh day before the first day of the qualifying period, the city clerk shall determine whether the required number of signatures has been obtained and shall notify the candidate.
(Code 1967, § 15-18; Code 1980, § 16-17; Ord. No. 11381, § 1, 7-19-96; Ord. No. 11564, § 8, 10-28-97; Ord. No. 12363, § 2, 5-8-03; Ord. No. 12939, § 1, 8-1-07; Ord. No. 13618, § 2, 7-14-16; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13678, § 2, 5-11-17)
State Law reference— Candidates, campaign expenses and contesting elections, F.S. ch. 99; campaign financing, F.S. ch. 106.