§ 2-443. Qualifying as candidate for mayor or city council member; fee; oath; single candidate considered elected.

(a)

Candidates for the office of mayor or city council member shall qualify with the city clerk no earlier than 9:00 a.m. or the tenth day before the opening of the Miami-Dade County Elections qualifying period and no later than 4:00 p.m. on the fifth day before the opening of Miami-Dade Elections qualifying period, every year a municipal election is held, and in the method provided for in the city Charter and under the rules of elections prescribed in the state statutes.

(b)

A candidate for the office of mayor or city council member shall qualify by paying to the city clerk the sum of $200.00 as a qualifying fee, which fee shall be in addition to any fee required by the state, and by signing the oath required by section 2-444. The following additional provisions shall also apply:

(1)

A person may not be a candidate for more than one office in the same election.

(2)

Only electors of the city, as defined by section 5.1(a), of the city Charter, who have resided continuously in the city for at least one year preceding their qualifying date shall be eligible to hold the office of mayor, or city council member.

(3)

A person may not be a candidate for an open residential city council member seat unless that person has resided in the residential area he/she seeks to represent continuously for a period of one year preceding his/her qualifying date.

(c)

If, at the conclusion of the qualifying period, no elector has filed or qualified for an open seat, or if the death, withdrawal or removal from the ballot of a qualified elector occurs, then the qualifying period for that open seat shall be reopened for a period of five business days and any qualified elector who resides in the relevant residential area and has resided continuously in the city for at least one year may file a written notice of candidacy for the open seat in accordance with the provisions of this section.

(d)

If, at the close of the qualifying period, there is only one duly qualified candidate for mayor or for any city council seat, that single candidate shall be considered elected automatically.

(e)

The city clerk shall not accept any oath or affirmation for filing unless the same is accompanied by the payment of the required qualifying fee, unless qualifying is via petition in which case the qualifying fee is waived.

(Ord. No. 2005-12-50, § 9, 3-9-2005; Ord. No. 2007-19-125, § 2(9), 9-25-2007; Ord. No. 2011-15-257, § 2, 7-28-2011; Ord. No. 2013-17-305, § 2, 7-24-2013)