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 Miami - Dade County
 Code of Ordinances
 Chapter 12. ELECTIONS

  § 12-11. Receipt of qualification papers of candidates; examination; determination of compliance with election laws.  

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  • (a)

    In elections conducted for the Office of Mayor, members of the Board of County Commissioners, Property Appraiser of Miami-Dade County, members of the Fire Board, and members of community councils, the Miami-Dade County Supervisor of Elections, acting on behalf of the Clerk of the Circuit Court, shall receive the qualification papers and fees from all candidates for such offices. Only those candidates whose qualification papers and fees are in compliance with the applicable election laws of the State of Florida, provisions of the Home Rule Charter, and ordinances relating to such offices by the end of the qualifying period shall be deemed to have qualified.

    (b)

    Any qualified elector may challenge the qualifications of a candidate for the Office of Mayor, County Commissioner, Property Appraiser of Miami-Dade County, Fire Board member, or Community Council member for whom that elector is eligible to vote by filing a sworn written statement with the Miami-Dade County Supervisor of Elections within ten (10) days from the date on which qualifying ended for such office. Upon receipt of a sworn written statement, the Supervisor of Elections shall forward it to the Inspector General within three (3) business days.

    (c)

    The Inspector General, upon receipt of a sworn written statement challenging the qualifications of a candidate, shall have ten (10) days to conduct an investigation as to the allegation(s) contained within such statement. If the Inspector General determines that the candidate does not meet the qualifications of the office for which he or she has qualified, the Inspector General is authorized and directed to file and prosecute an appropriate action in Circuit Court with an attorney other than the County Attorney. For purposes of this subsection (c), the provisions of Section 2-1076(f) shall not apply.

    (d)

    Filing an Affidavit and Proof of Residency to Qualify for Election. Candidates for the office of County Commissioner, Property Appraiser of Miami-Dade County, Community Council, and Mayor shall submit a sworn affidavit at the time of qualifying that provides their current address of legal residence and affirms that they have met the residency requirements pursuant to Section 1.04 of the Miami-Dade County Home Rule Charter and Article II, Section 18-24 of the Code, respectively or the requirements of Section 2-69, as applicable. The affidavit shall be on a form provided by the Miami-Dade County Supervisor of Elections. In addition to filing the affidavit, candidates shall submit proof of residency which shall include one (1) of the following documents: voter's registration, driver's license, property tax receipt, homestead exemption, utility bill or lease agreement.

    (e)

    Penalties. In addition to any other penalties which may be applicable, any person who knowingly misrepresents their legal residency shall be subject to perjury and punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment not to exceed sixty (60) days, or both such fine and imprisonment.

(Ord. No. 91-29, §§ 1, 2, 3-5-91; Ord. No. 01-107, § 1, 6-19-01; Ord. No. 01-182, § 1, 11-6-01; Ord. No. 03-66, § 1, 4-8-03; Ord. No. 08-62, § 4, 5-20-08)

Editor's note

Ord. No. 91-29, §§ 1, 2, adopted March 5, 1991, amended the Code by the addition of provisions which have been designated at the discretion of the editor as § 12-11.