RE.14 - Rescind Prior Resolution, Amend Charter

WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislature in 1896 and operates pursuant to the Charter of the City of Miami, Florida ("Charter") and under a Code of ordinances, known as the Code of the City of Miami, Florida, as amended (“City Code”); and

WHEREAS, the Charter and City Code have been amended from time to time as the governance of the City has evolved; and

WHEREAS, on January 8, 2026, the City Commission adopted Resolution No. R-26-0025, directing the City Attorney to prepare an amendment to certain provisions of the Charter, specifically Sections 4(b), 7, and 12; and

WHEREAS, the City Commission desires to rescind its prior direction and replace with the direction provided for herein; and

WHEREAS, Section 4(b) of the Charter currently states, “City Commissioners in districts numbered 3 and 5 shall be elected at the general municipal election or runoff election to be held in the year 2001 and at the general municipal election or runoff election each four years thereafter”; and

WHEREAS, Section 4(b) of the Charter also states, “City Commissioners in districts numbered 1, 2, and 4 shall be elected at the general municipal election or runoff election to be held in the year 2003 and at the general municipal election or runoff election each four years thereafter”; and

WHEREAS, Section 7 of the Charter currently states, “a general municipal election for the Mayor and City Commissioners shall be held on the first Tuesday after the first Monday in November in odd-numbered years”; and

WHEREAS, Section 7 of the Charter also states, “a runoff election for the Mayor and City Commissioners shall be held on the second Tuesday in December, in odd-numbered years”; and

WHEREAS, Section 7 of the Charter further states that, “all elections held in said City shall be conducted and held according to the provisions of the general election laws of the State of Florida”; and

WHEREAS, Section 12 of the Charter provides for a method to fill vacancies for the office of Mayor and City Commissioners in an odd-year General Municipal Election as an option; and

WHEREAS, Chapter 16 of the City Code provides for Elections in the City; and

WHEREAS, Section 16-2 of the City Code provides for the process of “holding City elections”; and

WHEREAS, the City Commission finds it is in the best interest of the public to propose a Charter amendment to move the City’s general municipal elections and runoff elections for the Mayor and City Commissioners from odd-numbered years to even-numbered years beginning in 2034 and 2036, as applicable, so such elections are concurrent with any statewide or countywide election, to amend the qualification period accordingly, to provide that those elected in 2031 and 2033 shall serve three-year terms as an adjustment due to the change in election years, and to conform the vacancy-filling provisions of Section 12 to the revised election cycle; and

WHEREAS, the date of said runoff elections shall also be modified to occur on the second Tuesday in December in even-numbered years following the City’s General Election for City Commissioners; and

WHEREAS, the terms of office commencing in years 2031 and 2033 will be reduced to three year terms due to this change while subsequent terms of office will remain four year terms; and

WHEREAS, corresponding amendments are also required to Sections 7 and 12 of the Charter to conform the runoff election schedule, qualification period, and vacancy-filling provisions to the revised election cycle; and

WHEREAS, in addition to a reduction in cost due to moving the election date, such a change would encourage more people to become involved in the political process and increase voter turnout; and

WHEREAS, the City Commission wishes to submit the above-mentioned proposed amendments to the electorate, for approval or disapproval, at the Special Election to be held concurrently with the Primary Election on August 18, 2026;

NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:

Section 1.  The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section.

Section 2.  Resolution No. R-26-0025, adopted on January 8, 2026, is hereby rescinded.

Section 3.  The City Attorney is directed to prepare a proposed amendment to Sections 4(b), 7, and 12 of the Charter of the City of Miami, Florida, as amended, for submission to the qualified electors of the City at the Referendum Special Election scheduled for August 18, 2026, to be held concurrently with the primary gubernatorial election, to: (i) change the general municipal election and runoff election cycle for the Mayor and City Commissioners from odd-numbered years to even-numbered years beginning in 2034 and 2036, and every four years thereafter, as applicable, so the City’s general municipal elections are concurrent with any statewide or countywide election; (ii) amend the qualification period applicable to such elections; (iii) provide that those elected in the 2031 and 2033 general municipal elections and any resulting runoff elections shall serve three-year terms as an adjustment due to the change in election years, after which subsequent terms shall remain four years; and (iv) conform Section 12 regarding the filling of vacancies to the revised election schedule.

Section 4.  This Resolution shall become effective immediately upon its adoption.