§ 12-23. Initiative, referendum and recall petitions—Verification of signatures; disqualification of non-complying petitions; prohibition on improper signature gathering practices.
(1)
No person may circulate a petition or solicit signatures unless he or she is a registered elector in Miami-Dade County.
(2)
Form of Petition. All petitions for initiative, referendum, and recall submitted pursuant to Article 8 of the Miami-Dade County Home Rule Charter shall be in 12-point font with no more than one signature per page and in a format determined by the Supervisor of Elections; providing, however, each petition shall contain the following information:
A.
A statement in each petition circulator's own handwriting, setting forth his or her own name, both in printed and signature form.
B.
The residence address of the circulator.
C.
Dates between which all the signatures on each individual petition were obtained.
D.
A sworn statement that the circulator personally circulated the petition, witnessed each signature as it was being written and that to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be.
E.
A sworn statement signed by the circulator certifying to the truthfulness and the correctness of the certificate set forth in Section (1)(D) hereof; stating that it is being given under penalty of perjury under the laws of the State of Florida; and setting forth the date and the place of execution of the certification.
F.
Any individual who knowingly signs more than one petition or who attempts to sign another person's name, or a fictitious name, shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period not to exceed sixty (60) days, or by both.
G.
The title and text in English, Spanish, and Creole of the ordinance or the Charter provision sought to be enacted or repealed.
(3)
Disqualification of Forms. Within thirty (30) days, excluding weekends and legal holidays, of the date of filing a petition of initiative or referendum, the Supervisor of Elections, or in the case of recall, the Clerk of the Circuit Court, shall disqualify the following petition forms:
A.
Those that do not include in English, Spanish and Creole the title and text of the ordinance or the Charter provision sought to be enacted or repealed.
B.
Those that do not comply with any one or more of the provisions relating to the circulator set forth in Section (1) hereof.
C.
Those where the notary failed to comply with the provisions of F.S. § 117.05, requiring the notary to certify that to the best of his or her knowledge he or she knows the circulator or has seen documentary evidence to substantiate the authenticity of the circulator.
D.
Those where the notary is the same person as the circulator.
E.
Those where the signatures of the circulator or notary are dated earlier than the dates on which the electors signed the petition.
(4)
Disqualification of Signatures. The Supervisor of Elections in the case of the initiative or referendum, or the Clerk of the Circuit Court in the case of recall, shall disqualify the following signatures:
A.
Those signatures that are not accompanied by a residence address or precinct number of the voter.
B.
Those signatures that are illegible.
C.
Those signatures not dated.
D.
Those signatures representing persons who were not registered voters in Miami-Dade County on the date they signed the petition.
E.
The second and any additional signatures of an otherwise eligible voter.
F.
Those signatures that appear different to the extent that it cannot be determined that the person signing the petition and the person who is registered to vote are one and the same.
G.
Any signature that, within fifteen (15) days, excluding weekends and legal holidays, of the date of filing the petition, the signer, on a form prescribed by the Supervisor of Elections, has withdrawn his or her signature because the signature was fraudulently obtained.
(5)
Prohibited Signature Gathering Practices
A.
It shall be unlawful for any person, entity, or elector intentionally to make or cause to be made any false statement concerning the contents or effect of any petition for initiative, referendum, or recall submitted pursuant to Article 7 of the Miami-Dade County Home Rule Charter to any person who is requested to sign any such petition or who makes an inquiry with reference to any such petition and who relies on such statement.
B.
Any person, entity, or elector convicted of a violation of section 12-23(5)A. of this Code shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail not more than sixty (60) days, or by both such fine and imprisonment.
(Ord. No. 01-181, §§ 1—3, 11-6-01; Ord. No. 06-167, § 1, 11-28-06; Ord. No. 06-168, § 1, 11-28-06; Ord. No. 07-39, § 1, 3-6-07)