CITY OF MIAMI
v.
STATE
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The City of Miami sought a declaratory judgment regarding its authority to hold a special bond election on the same day as a regular municipal election. The circuit court held that the 1945 statute authorizing such concurrent elections was not repealed by the 1951 Election Code, and that the city could legally proceed with the November 27, 1951 election.
The court held that the 1951 Election Code did not repeal chapter 23062, either expressly or by implication. The City of Miami may legally hold the special bond election on November 27, 1951, concurrent with its regular municipal election, provided it complies with the procedural requirements of chapter 23062 regarding separate ballot boxes, separate ballots, and separate returns and canvassing.
“the legislature, by its enactment of chapter 26870 (the Election Code of 1951), did not expressly or by implication repeal chapter 23062, Laws of Florida, General Acts of 1945”
States the core holding that the 1951 Election Code did not repeal the 1945 statute authorizing concurrent bond and municipal elections.
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Join FLexlaw to unlock all legal intelligenceThe City of Miami petitioned for a declaration that it could legally hold a special bond election on November 27, 1951, the same day as its regular mu…
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No factual dispute is involved and the cause has been finally heard on the legal questions presented by the pleadings.
It is my opinion, and I hold, that the legislature, by its enactment of chapter 26870 (the Election Code of 1951), did not expressly or by implication repeal chapter 23062, Laws of Florida, General Acts of 1945.1
It is therefore declared and decreed that the plaintiff, the City of Miami, may legally hold and conduct a special election on November 27, 1951 (the same day on which a regular municipal election is to be held), for the purpose of submitting to the qualified electors of the city who are freeholders the *5question of whether the municipal bonds mentioned and described in the petition filed herein shall be issued, provided, of course, there shall be compliance with the requirements of such chapter 23062 as to the method and manner of holding and conducting such special election.