This resolution will be heard tomorrow. I requested a 3rd degree felony in my blog September 13th, but only the legislature can impose a felony. Sosa previously put in motion a resolution that makes picking up absentee ballots illegally a misdemeanor. Here is the request made by County Commissioner Rebeca Sosa to the legislature to make it a felony:
TITLE (Resolution - 112236)
RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION MAKING IT A THIRD-DEGREE FELONY TO RETRIEVE OR RETURN MORE THAN ONE ABSENTEE BALLOT FROM A NON-RELATIVE; ALTERNATIVELY URGING THE LEGISLATURE TO MAKE IT A THIRD DEGREE FELONY TO VIOLATE ANY LOCAL ELECTION LAW
RESOLUTION URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION MAKING IT A THIRD-DEGREE FELONY TO RETRIEVE OR RETURN MORE THAN ONE ABSENTEE BALLOT FROM A NON-RELATIVE; ALTERNATIVELY URGING THE LEGISLATURE TO MAKE IT A THIRD DEGREE FELONY TO VIOLATE ANY LOCAL ELECTION LAW
BODY
WHEREAS, section 12-14,of the Code of Miami-Dade County provides that a person may retrieve no more than two absentee ballots other than his or her own per election, only one of which may be for an elector not of the designee’s immediate family; and
WHEREAS, section 12-14 has the effect of prohibiting any person from retrieving more than one absentee ballot from a non-relative; and
WHEREAS, this Board currently has under consideration an ordinance that would amend section 12-14 to expressly impose a penalty of up to 60 days in jail and up to a $1,000 fine for violating the provisions of the section; and
WHEREAS, while this penalty is only a misdemeanor, state law does not allow counties to impose felony penalties for county ordinance violations without express statutory authorization; and
WHEREAS, violations of state elections laws related to absentee ballots are punishable as a third degree felony pursuant to sections 104.047 and 104.0616, Florida Statutes; and
WHEREAS, absentee ballot fraud is a serious offense that goes to the root of our democracy; and
WHEREAS, this Board desires that the Florida Legislature make it a third degree felony for any person to retrieve or return more than one absentee ballot from a non-relative; and
WHEREAS, alternatively, this Board would ask the Florida Legislature to make it a third degree felony to violate any local election law regarding absentee ballots,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to enact legislation making it a third-degree felony to retrieve or return more than one absentee ballot from a non-relative; alternatively urges the Legislature to make it a third degree felony to violate any local election law regarding absentee ballots.
WHEREAS, section 12-14,of the Code of Miami-Dade County provides that a person may retrieve no more than two absentee ballots other than his or her own per election, only one of which may be for an elector not of the designee’s immediate family; and
WHEREAS, section 12-14 has the effect of prohibiting any person from retrieving more than one absentee ballot from a non-relative; and
WHEREAS, this Board currently has under consideration an ordinance that would amend section 12-14 to expressly impose a penalty of up to 60 days in jail and up to a $1,000 fine for violating the provisions of the section; and
WHEREAS, while this penalty is only a misdemeanor, state law does not allow counties to impose felony penalties for county ordinance violations without express statutory authorization; and
WHEREAS, violations of state elections laws related to absentee ballots are punishable as a third degree felony pursuant to sections 104.047 and 104.0616, Florida Statutes; and
WHEREAS, absentee ballot fraud is a serious offense that goes to the root of our democracy; and
WHEREAS, this Board desires that the Florida Legislature make it a third degree felony for any person to retrieve or return more than one absentee ballot from a non-relative; and
WHEREAS, alternatively, this Board would ask the Florida Legislature to make it a third degree felony to violate any local election law regarding absentee ballots,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to enact legislation making it a third-degree felony to retrieve or return more than one absentee ballot from a non-relative; alternatively urges the Legislature to make it a third degree felony to violate any local election law regarding absentee ballots.
Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, the Senate President, the House Speaker, and the Chair and Members of the Miami-Dade State Legislative Delegation.
Section 3. Directs the County’s state lobbyists to advocate for the issue identified in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2012 State legislative package to include this item in the 2013 state legislative package.
Call your County Commissioner and ask them to support this!!
7 comments:
Rebecca gets better and better at representing her constituents as time goes on. Another nice job!
Representing all of us...too bad she is so tight with Rubio...otherwise I would very VERY happy with her.
Sarnoff got 1,200 absentee ballots?
she has always tried to do the right thing. It is hard to move the wheel... so many interests & money involved. She has always tried to serve ALL the people, and does what her heart tells her. She is unique and a gem. If she is friends with Marco, so what. She seems to be friends with a lot of people and that is not a bad thing...to get along.
I support Soso on this, but we need even more stricter laws governing elections. The "political machine" has to end.
Hialeah's Tuesday election - total election fraud with absentee ballots. The State Attorney's Office needs to look into it.
How do you know there was fraud Milly? please enlighten...
ultimately, there are machines at work in Hialeah collecting votes via the absentee process, whether they break the law or not is uncertain. what is true is that many senior citizens living in public housing and eating in lunch programs feel that they are beholden to the currently elected officials who lock access to the challengers off.
the county resolution is a start.
witnesses signing return envelopes might also help.
the best option would be to invite the supervisor of elections to monitor elections in all the senior center and lunch programs around town. the only way to make things fair is to monitor the process.
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