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Home My Public Portal About2006-01 Amending the Village Code by Creating Early Voting concerning Village ElectionsORDINANCE NO. 2006-1 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 2 "ADMINISTRATION", BY CREATING SECTION 2-103 "EARLY VOTING", CONCERNING VILLAGE ELECTIONS; PROVIDING FOR A SPECIFIC DURATION FOR EARLY VOTING, AND AUTHORIZING REVISING OR ELIMINATING EARLY VOTING FOR VILLAGE ELECTIONS BY COUNCIL RESOLUTION FOR A SPECIFIC ELECTION; OPTING OUT OF THE REQUIREMENTS OF PARAGRAPH (2) OF SECTION 101.657, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 101.657, Florida Statutes, as amended effective on January 1, 2006, the Florida Legislature has expressly provided that municipalities may determine whether or not to provide early voting in municipal elections that are not held in conjunction with county or state elections and to opt out of certain requirements; and WHEREAS, the Council finds that lengthy periods of early voting in municipal elections are contrary to the historical tradition of a designated "Election Day" and are costly and unnecessary in light of the availability of absentee ballots; and WHEREAS, the Village Council desires to provide for limited early voting in municipal elections (including charter amendment elections, initiative elections, referendum elections, bond issuance elections, and all Mayoral and Council elections) which are not held in conjunction with county or state elections, with the duration, hours of operation, and other restrictions for early voting to be as specified herein rather than as otherwise provided by Section 101.657, Florida Statutes; and WHEREAS, this Ordinance enables the Village to provide for a sufficient schedule of early voting in advance of such municipal elections, if necessary, or to revise or eliminate early voting for specific elections as provided herein; and WHEREAS, the Miami -Dade County Supervisor of Elections has recommended that the Village opt out of the requirements of Section 101.657(2), Florida Statutes, which would otherwise require the Supervisor of Elections to prepare costly and complex voter activity information in the midst of an electoral process. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. Village Code Amended; Early Voting. That Chapter 2 "Administration", of the Village Code of the Village of Key Biscayne, Florida, is hereby amended by creating Section 2-103 "Early Voting," to read as follows: Sec. 2-103 Early Voting. (a) For any Village election, including initiative, referendum, bond issuance, charter amendment or any Mayoral and Council elections (the "Village Elections"), which are not held in conjunction with a county or state election, this Section 2-103 shall govern the matter of early voting. Further, early voting pursuant to this Section 2-103 shall comply with the mandatory requirements of Section 101.657(1)(e), Florida Statutes (2005), as applicable. (b) The provisions of Section 101.657(2), Florida Statutes, shall not apply to Village Elections, unless specifically made applicable by Council Resolution. (c) At any Village Election, it is hereby provided that early voting shall be provided only on the Thursday, Friday and Saturday immediately before a Village Election. (d) Early voting shall be provided for eight (8) hours for each weekday and for an aggregate of eight (8) hours for each weekend on any weekday or weekend in which early voting is allowed. (e) The Village Council may, by Resolution, adopted in advance of a specific Village Election, alter the schedule of days and hours for early voting from 2 that which is provided in paragraphs (c) and (d) above. This shall include the authority to extend early voting or to eliminate early voting for a specific election at which absentee balloting is available. (f) The Village Clerk is hereby authorized to take any action which is necessary or expedient to implement this section or to comply with any applicable law including any mandatory provisions of Section 101.657, Florida Statutes. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in Code. That it is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 14th day of March , 2006. PASSED AND ADOPTED on second reading this 1 lth day of April , 2006. 447Ceit,tif,1,--- MAYOR ROBERT OLDAKOWSKI 3 ATTEST: CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO ORM AND LEGAL SUFFICIEN VILLAGE ATTO F:/103.001/Ordinances/Early Voting Ordinance 2.13.06 4 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING 4/11/2006 - ORDINANCES in the XXXX Court, was published in said newspaper in the issues of 03/30/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she ha •either paid nor promised any person, firm or corporation any . isco nt, rebate, commission or refund for the purpose of ecuri g this advertisement for publication in the said ne sD_ •er. Sworn to and subscribed before me this (SEAL) SOOKIE WILLIAMS personally k O.V. FERBEYRE MY COMMISSION # DD 099068 EXPIRES: July 9, 2006 Bonded Thru Notary Public Underwriters ;,, -._ lief OFFICE Notice is hereby: ivenFti Second Reading by the a meeting to bey hei Council Chamber, Florida: AN 'RDIII FLORIDA, CHAPTE 2=103 EA LY1VOliNO, ING EARLY VOTI CIL RES0400:2 SECTION SEV PROYI ' x; AN Or, ARTI "AO TOP•_ ING ; O DEF AUTH NITIES; GROUNDL,E BILITY; ' P RROVID The_ prt the Villages and _be''he d with wishing't a; �.� o ed rres�1 e , it a is asked to'registe ,.with the In accordance �`ns whfi a`e person participate yiin this° ,the ice`o`f.`ihe Biscaynep irida than tuvoianiie`sa'd Should any persog desire to appal any.d pcisio t of the Vella e -Council with ,respect to any Halter tb be consider e ii meetili Pierson shall ineurelh4f a veibatim record'fir'ih i'i iri s is made including all testirrionv'and evidence upon which any {peal maya #wised(F.S. 286X1106). 0 ej YNE of Key Biscayne at ;00 p.m., in the Key Biscayne, $O, -all loons to d:contact 0,#Key mot Later Comments , 9f. any interested party r l tive-'te hthis' matter may be submitted in'writing arad or presented in person at the piibticti'eanng: ConchitaH_ Alvarez, CMG village Cie* 3/30 06-4-26/659918M