§ 12-13. Mail ballot election procedures.  


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  • (a)

    Special elections for incorporation, annexation or special taxing district elections shall be called by resolution of the Board of County Commissioners.

    (b)

    Notice of such special elections shall be published in accordance with Section 100.342, Florida Statutes.

    (c)

    The results of such special elections shall be determined by a majority of the qualified electors residing in the designated area voting at such special elections.

    (d)

    The County registration books shall close in accordance with the provisions of Section 97.055, Florida Statutes.

    (e)

    The supervisor of elections shall mail all official ballots with a secrecy envelope, a return mailing envelope, and instructions sufficient to describe the voting process to each elector entitled to vote in the election at least ten (10) calendar days prior to the date of the special election. The Supervisor of Elections shall determine the type of official ballot to be mailed, either a paper ballot designed for the votes to be hand counted or a paper ballot used in conjunction with an electronic or electromechanical vote tabulation system. All such ballots, except for ballots mailed overseas, shall be mailed by nonforwardable first class mail. Ballots shall be addressed to each elector at the address appearing in the registration records or to a mailing address upon the voter's request for said election.

    (f)

    Upon receipt of the ballot the elector shall vote the ballot, place it in the secrecy envelope, sign the return mailing envelope supplied with the ballot, and comply with the instructions provided with the ballot. The elector shall mail, deliver, or have delivered the voted ballot so that it reaches the supervisor of elections no later than 7:00 p.m. on the day of the election. The ballot must be returned in the return mailing envelope.

    (g)

    (1)

    The return mailing envelope for special taxing district elections shall contain a statement in substantially the following form:

      VOTER'S CERTIFICATE

    I, (Print Name), do solemnly swear (or affirm) that I am a registered voter of Miami-Dade County, Florida, residing within the boundaries of the proposed Special Taxing District to which the enclosed ballot relates, and that I have not and will not vote more than one ballot in this election.

    I understand that failure to sign this certificate and give my residence address will invalidate my ballot.

    (Signature)

    Residence Address)

    (2)

    The return mailing envelope for annexation elections shall contain a statement in substantially the following form:

      VOTER'S CERTIFICATE

    I, (Print Name), do solemnly swear (or affirm) that I am a registered voter of Miami-Dade County, Florida, residing within the boundaries of the proposed annexation area to which the enclosed ballot relates, and that I have not and will not vote more than one ballot in this election.

    I understand that failure to sign this certificate and give my residence address will invalidate my ballot.

    (Signature)

    (Residence Address)

    (3)

    The return mailing envelope for incorporation elections shall contain a statement in substantially the following form:

      VOTER'S CERTIFICATE

    I, (Print Name), do solemnly swear (or affirm) that I am a registered voter of Miami-Dade County, Florida, residing within the boundaries of the proposed incorporation area to which the enclosed ballot relates, and that I have not and will not vote more than one ballot in this election.

    I understand that failure to sign this certificate and give my residence address will invalidate my ballot.

    (Signature)

    (Residence Address)

    (h)

    If the ballot is destroyed, spoiled, lost, or not received by the elector, the elector may obtain a replacement ballot from the supervisor of elections. An elector seeking a replacement ballot shall submit a written request to include a statement that the ballot was destroyed, spoiled, lost, or not received to the supervisor of elections prior to 7:00 p.m. on the day of the election. The supervisor of elections shall keep a record of each replacement ballot issued.

    (i)

    Special elections for incorporation, annexation special taxing district elections shall be canvassed by a county canvassing board as provided under the election laws of this state.

    (j)

    The supervisor of elections shall verify the signature of each elector on the return mailing envelope with the signature on the elector's registration records. Such verification may commence at any time prior to the canvass of votes. The supervisor of elections shall safely keep the ballot unopened in his office until the county canvassing board canvasses the vote. If the supervisor of elections determines that an elector to whom a replacement ballot has been issued has voted more than once, the canvassing board shall determine which ballot, if any, is to be counted.

    (k)

    A ballot shall be counted only if:

    (1)

    It is returned in the return mailing envelope;

    (2)

    The elector's signature has been verified as provided in subsection (j);

    (3)

    The elector has provided his or her residence address on the return mailing envelope and the residence address falls within the boundaries of the proposed Special Taxing District, annexation area or incorporation area to which the ballot relates; and

    (4)

    It is received by the Supervisor of Elections not later than 5:00 p.m. on the day of the election.

    (l)

    Nothing contained in this section shall be interpreted to make mail ballot elections the exclusive method of conducting an annexation, incorporation, or special taxing district election. Such elections may be conducted by the use of touch screens, optical scanning devices, or any other voting procedures authorized by law.

(Ord. No. 96-4, § 1, 1-9-96; Ord. No. 02-90, § 2, 6-6-02; Ord. No. 05-217, § 1, 12-6-05)

Editor's note

Ord. No. 96-4, § 1, adopted Jan. 9, 1996, amended the Code by the addition of provisions which have been designated at the discretion of the editor as § 12-13.