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Status of the Commission District 4 Election

Below you will find various scenarios which could transpire regarding the City of Miami Commission District 4 seat, based upon actions of the City Commission.

Status Quo

The election for City of Miami Commissioner District 4 is presently scheduled for November 8, 2011.

The sitting commissioner of District 4 filed to run for the office of the Mayor in the November 3, 2009 General Municipal Election.

Given that the District 4 commissioner’s term expires in 2011, Florida Statutes [99.012] requires that in order for him to qualify for the 2009 Mayoral Election, he must submit an irrevocable resignation 10 days prior to the first day of qualifying for Mayor. The District 4 Commissioner filed a letter of resignation with the Office of the City Clerk on July 23, 2009 with an effective date of September 4, 2009.

Upon the effective date of the resignation, September 4, 2009, the City of Miami Charter (Section 12a) allows the remaining commissioners to appoint a qualified individual to the vacant District 4 commission seat within the time period of 10 days following the effective date.

Appoint Scenario

If the remaining Commissioners appoint an individual within this 10-day period, a Special Election for the Commission District 4 seat will be held on November 3, 2009 and the qualifying period for that election will be from September 4, 2009 until September 19, 2009.

The appointed individual will serve until the winner of the Special Election takes office. The winner of the Special Election will serve out the remaining term of the sitting District 4 Commissioner which ends November 2011.

Fail to Appoint Scenario

In the event that the remaining Commissioners fail to appoint an individual to the vacant District 4 Commission seat, the City of Miami Charter Sec. 12b, necessitates specific procedures and timelines for filling the vacancy that diverge from the procedures and timelines for the November 3 General Municipal Election.

Therefore, the City of Miami Commission on July 23, 2009 empowered by Florida Statutes 166.021(4), passed on second reading Ordinance 13082 changing the qualifying period specified by City of Miami Charter Sec. 12b thereby allowing for a Special Election to be held concurrently with the November 3, 2009 General Municipal Election.

The qualifying period for this Special Election, however, would be for a 5 days period from September 14, 2009 until September 18, 2009. The vacant commission seat would remain vacant until the winner of the Special Election takes office and the winner of the Special Election would serve until November 2010.

Special Election

When a Special Election for Commission District 4 is scheduled for November 3, 2009, candidates that have filed to run for the November 11, 2011 election for Commission District 4 must notify the Office of the City Clerk, in writing, if they choose to run as a candidate for the 2009 election.

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