Loading...
HomeMy WebLinkAbout04-12-2006 Canvassing/Audit Board Minutes - Run Off MINUTES OF THE CITY OF OCOEE CANVASSING BOARD MEETING HELD APRIL 12,2006 CALL TO ORDER Mayor Vandergrift called the Canvassing Board to order at 12:07 p.m. in the Commission Chambers Conference Room. The roll was called and a quorum declared present. ROLL CALL: Mayor Vandergrift, Commissioner Johnson, Commissioner Hood. ALSO PRESENT: City Clerk Eikenberry, Recording Clerk Aycock, City Attorney Rosenthal, Supervisor of Elections Representative Dan Beavers, Commissioner Run-off Candidates Scott Anderson and Janet Shira (arrived at 12:08 p.m.). Also present were the following observers: Thomas Hendrix, Arthur Anderson, Constance Berry, and Muriel Drake. ABSENT: None. Mayor Vandergrift stated he would turn the meeting over to the clerk and asked that any inquiries be shown by a raise of hands. City Attorney Rosenthal read an email from Candidate Janet Shira addressed to City Clerk Eikenberry, which was an objection of ballots. While a copy of the back-up to the email was being made, Dane Beavers explained how the tabulating machine worked to read the ballots and ran a zero tape. City Attorney Rosenthal explained the role of the Canvassing Board was to review absentee ballots from the local government stand point as to whether or not the board would accept or reject the absentee ballots. If the Canvassing Board accepts the absentee ballots they are opened and counted. If the Canvassing Board rejects an absentee ballot it is unopened and set aside and maintained. He said the third option was if the board decides a ballot needs additional research to make a determination, then a final canvas of the election would not be held today but a future meeting date would be scheduled. He said that there were no provisional ballots for this election. City Attorney Rosenthal said there was a challenge of three ballots from Candidate Janet Shira. He said that whatever action the Canvassing Board takes with respect to those three ballots can be challenged in Circuit Court. He explained that if the board opened the ballots then they would be counted and any Candidate can disagree at that point. However, if they do not open a ballot then that would be final unless the decision was challenged in the Circuit Court. City Attorney Rosenthal said the challenge related to whether or not the individuals are tir qualified voters in the City of Ocoee, in the district. He did explain that had these three individuals shown up at the voting place, as opposed to voting by absentee, they would have been entitled to vote unless challenged by a poll watcher. If not challenged by the poll watcher,then the vote would have been accepted by the Supervisor of Elections. Ocoee Canvassing Board April 12,2006 City Attorney Rosenthal read the first challenge to the Canvassing Board from the email sent by Candidate Janet Shira, which read as follows: "I spoke with Bill Cowles this morning and he said I should direct my concern to your attention. There are three absentee ballots that I believe should be questioned by the Canvassing Board. 1) Nancy Kent Anderson, 510 Orange Ave. — It is common knowledge Ms. Anderson lives at 815 E. Silver Star Rd. I have attached a search, which was done this morning, which shows her address on Silver Star Rd. as well as her telephone number. It is also listed in the Sprint telephone book, the property appraisers records show that 510 Orange Avenue is owned by Scott and Linda Anderson and they claim homestead exemption there. The appraisers records show it is a 2-bedroom, 1 bathroom house. The property at 815 E. Silver Star is also owned by Scott Anderson. 2) Carey Charles Graham and Gwen K. Graham, also voted using the address of 510 Orange Ave. — The March election was the first election they voted at that address according to the Orange County Supervisor of Elections. A contact was made to a neighbor of this address as an attempt to find out if it was common knowledge that these people were living at this address, but the neighbor did not know of anyone else living there besides Scott and Linda Anderson and their son. No phone numbers or other information could be found regarding the Grahams in order to contact them to verify their residency. Thank you for your attention to this matter. Sincerely, Janet Shira" City Attorney Rosenthal suggested dealing first with the first voter, Nancy Kent Anderson. He handed out a copy of the email and the yahoo search to those wishing to review it. Observer Constance Berry inquired how long a person had to wait to vote at the new address after moving. Mayor Vandergrift said it happens right away, but you should be living at the address of which you are registered to vote. City Attorney Rosenthal said that you should be claiming your voter registration address as your permanent residency. For example, the most common scenario is a college student living in Ocoee and claiming 2 Ocoee Canvassing Board April 12,2006 that address as their place of residence and voting in Ocoee elections, even though they are attending school in Tallahassee. Mayor Vandergrift asked if the E. Silver Star Road address mentioned for Nancy Kent Anderson was actually located within the City. Candidate Scott Anderson stated it was an enclave. Commissioner Johnson said it was unincorporated Orange County. Candidate Scott Anderson commented that he owns both houses and the house on E. Silver Star Road is a cottage house on a lake within the district, but an enclave. He said that his mother,Nancy Kent Anderson, has been registered at 510 Orange Avenue because that is the one she uses. Nancy Kent Anderson stated she has been living at 510 Orange Avenue for several years. Candidate Scott Anderson added that just because the property appraiser's office claims it to be a 2 bedroom home does not mean that is accurate. Mayor Vandergrift inquired that she is living in an enclave, not on Orange Avenue. Candidate Scott Anderson answered that her residence is Orange Avenue. Mayor Vandergrift said she lives at 815 E. Silver Star Road. Nancy Kent Anderson said that she goes back and forth when family comes into town, but she actually lives at Scott's house. Candidate Scott Anderson said that Carey Charles Graham is in the military and is in Iraq right now and 510 Orange Avenue is his only residence. He said that Mr. Graham and his wife have been in the army for 10.5 years and he did an absentee ballot because he is in Iraq right now. Mayor Vandergrift asked if any Canvassing Board member had any problem with that and none were stated. Mayor Vandergrift inquired if any Canvassing Board member had a problem with Nancy Kent Anderson's ballot. Commissioner Johnson said that if the citizen states that 510 Orange Avenue is her address, then he has no problem with that. Commissioner Hood asked if there was any proof that she did not live at that address, other than common knowledge. City Attorney Rosenthal said that the question is what you are claiming as your permanent residence, it does not mean that you have to live there every single day of the year. Candidate Scott Anderson asked his mother if that was the only place she was claiming as her residency and she said yes. Candidate Janet Shira inquired if they could validate that by viewing her driver's license. City Attorney Rosenthal said that was still not going to be determined because it is whatever you tell the Supervisor of Elections as your permanent residence, as of the day of the election. He said the board could decide to look at a person's driver's license to assist in questioning their credibility and they could use 3 Ocoee Canvassing Board April 12,2006 (ly that as a factor to take into account. Commissioner Hood stated the only thing they have to go on is the person's credibility. Mayor Vandergrift inquired about the ballots from the couple in the military. Candidate Anderson explained that Mr. Graham was deployed about a week and a half ago from Ft. Leavenworth. He added that Mr. Graham only has one residence and that is 510 Orange Avenue. Commissioner Johnson said that when he was in the military he always used his parents address as his legal residence. Candidate Shira inquired if it would be legal to have a group of people in the military use her address as their residence if they so desired. City Attorney Rosenthal stated his general understanding is if a person is in the military they can use any address as their permanent address; however, if it is the pleasure of the Canvassing Board to pull these ballots aside and research the military rights. Commissioner Hood inquired if Mr. Graham receives any mail at 510 Orange Avenue. Candidate Anderson stated he receives all of his mail at that address. Observer Constance Berry inquired where Mr. Graham's wife resided. Candidate Anderson believed the wife was located at the barracks with her husband. Commissioner Johnson explained that when you are in the military you have one legal address but the family can stay where ever you are. Observer Constance Berry said that she was in the Marine Corp and she felt that those two ballots should be thrown out. Commissioner Hood inquired about them having input on what is going on in the City when they do not physically live in the City. Mayor Vandergrift asked if they had ever lived in Ocoee. Candidate Anderson stated they moved here about six months ago because there is no state income tax here. Also, his father in law lives on Hill Avenue, which is also in his district; however, they chose to use Scott Anderson's address and that is the only address he has. Commissioner Johnson inquired where they lived during that six months. Candidate Anderson said they have been to all different bases doing special trainings to prepare to go to Iraq. Item 1 —Nancy Kent Anderson Mayor Vandergrift stated it was his personal knowledge that she lived on E. Silver Star Road and not Orange Avenue. He said he has witnessed that through Commissioner Anderson telling him that is where she lives and it is not incorporated. Mayor Vandergrift, seconded by Commissioner Hood, moved to reject the ballot of Nancy Kent Anderson. Motion carried unanimously. 4 Ocoee Canvassing Board April 12,2006 Item 2—Carey Charles Graham and Gwen Graham Cor Commissioner Johnson stated he had no problem with the Grahams' ballots because he is knowledgeable on the right of military personnel to use any address as their residence. Commissioner Johnson, seconded by Commissioner Hood, moved to approve the ballot of Carey Charles Graham. Discussion ensued regarding the Graham's using Orange Avenue as their address and examples of such situations. The above motion carried unanimously. City Attorney Rosenthal said once the ballots are opened they would need to pull Nancy Kent Anderson's. Dan Beavers ran the pre-logic and accuracy test. City Clerk Eikenberry read that the tape showed zero for Scott Anderson and zero for Janet Shira, no over votes and no under votes, and she validated the tape. City Clerk Eikenberry announced the results of the absentee ballots received from the Supervisor of Elections (SOE) Office: 187 Total Absentee Ballots received 179 of those were accepted 1 had no signature 3 had signatures that did not match their records 1 had a different signature from the name on the ballot 3 had been returned undeliverable City Clerk Eikenberry said that five were in question, not the three that were undeliverable. City Clerk Eikenberry stated that the rejected ballots would now be reviewed one at a time: 1) Miguel Chudiak—ballot was signed with another name, somebody Florencio. City Clerk Eikenberry said the SOE Office told her that a Mr. Florencio did not request an absentee ballot from them. Mayor Vandergrift, seconded by Commissioner Hood, moved to reject the ballot for Miguel Chudiak. Motion carried unanimously. 2) Mark Scott David—ballot has no signature. 5 Ocoee Canvassing Board April 12,2006 (lor City Attorney Rosenthal said that signature is required to pass an absentee ballot. Mayor Vandergrift, seconded by Commissioner Johnson, moved to reject the ballot for Mark Scott David. Motion carried unanimously. 3) Diane Faye Applebaum—signature did not match that on file. The signatures were passed around for review. Commissioner Johnson, seconded by Mayor Vandergrift, moved to reject the ballot for Diane Faye Applebaum. Motion carried unanimously. 4) Doris Marie Slimick—signature did not match that on file. Mayor Vandergrift moved to accept the ballot for Doris Marie Slimick. Motion died for a lack of a second. Commissioner Johnson moved to reject the ballot for Doris Marie Slimick. Motion died for a lack of a second. Candidate Shira announced on the behalf of Ms. Slimick that she has a serious illness. Discussion ensued. Mayor Vandergrift, seconded by Commissioner Hood, moved to accept the ballot for Doris Marie Slimick. Motion carried unanimously. 5) Mary B. Rich—signature did not match that on file. Mayor Vandergrift moved to accept the ballot for Mary B. Rich. Motion died for a lack of a second. Commissioner Hood, seconded by Commissioner Johnson, moved to reject the ballot for Mary B. Rich. Motion carried 2-1, with Mayor Vandergrift opposed. City Attorney Rosenthal stated no action would be taken on the three ballots that were returned as undeliverable. They declared there to be 180 total absentee ballots to be counted and pulled the ballot for Nancy Kent Anderson. City Clerk Eikenberry, followed by a few observers,took the ballots to be electronically opened. 6 8 Ocoee Canvassing Board April 12,2006 At this time a recess was called from 12:56 p.m. until 1:02 p.m. The Canvassing Board removed the secrecy envelopes from the outer envelopes and double checked that all outer envelopes were empty. The board then removed the ballots from the secrecy envelopes and double checked that the secrecy envelopes were empty. Observers Rosemary Wilsen and Ruth Grafton arrived. Dane Beavers began running the ballots through the tabulator and as the machine rejected some of the ballots, due to being unable to read the ink used, they were passed to the City Attorney. City Attorney Rosenthal duplicated each rejected ballot. Commissioner Hood read out the original votes on the ballots that were rejected by the machine while City Clerk Eikenberry verified that they matched the duplicated ballot. The duplicated ballots were run through the machine successfully and the total ballot count was 179. It was determined that they had made an error in their original math because 187 originally received ballots minus the 8 rejected ballots equals 179 acceptable ballots. Mayor Vandergrift moved to advise City Commission to have the City Clerk look into having the County run the absentee ballots in the future. Discussion ensued and the motion was seconded by Commissioner Johnson. Motion carried unanimously. Mayor Vandergrift read the absentee ballot totals as follows: 179 Total ballots 90 Candidate Anderson 89 Candidate Shira Mayor Vandergrift said that matched the duplicate total that the Clerk had. The Recording Clerk tallied the numbers and percentages. City Attorney Rosenthal placed all of the counted ballots into the box. } Mayor Vandergrift read the following tallied results for precinct early voting, absentee, and provisional: Candidate Anderson: 468 Votes, 55%of total ballots cast Candidate Shira: 384 Votes, 45%of total ballots cast Total Ballots Cast: 852 City Clerk Eikenberry stated that the results were not close enough to require a recount. Dan Beavers ran a zero tape once again for accuracy. City Clerk Eikenberry . 7 Ocoee Canvassing Board April 12,2006 (160 announced the post logic and accuracy test showed that the ballots were put in as one for Anderson,two for Shira, one over vote, one under vote, and it did count that correctly. Mayor Vandergrift asked for a motion to certify the election results. Commissioner Hood, seconded by Commissioner Johnson, moved to certify the election to declare Scott Anderson as Commissioner of District 2. Motion carried unanimously. Adjournment. 1 The meeting adjourned at 1:44 p.m. APPROVED Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor gY 8 € 5 -0 a) >, a) ° a) ca o O rt c n A CDI- O m C'`( a) a) - I- H r a) co _0 c oa) ° Cl) C..) rd o Q N ca LU cca � LaooCD a' W 0 • N �� > t/) >,>,Q airn N cv 2 c IL r' V 0 `p • 46 c E . • o O .,., 0 o © O X .L NO To .S 0 (5 o In C _c ca4 O QQQ Om0 kn et a--' 2 co N a a _0 CIS F- .- 4 •- N Q p0 O O O \ L 0 . • -4-' .� O - (13 U al 4- c a) i O -- N cfl c O O O .2L � Ln •� ~^ ooL a) - O 00 I LC) caO d = -2 o �w FO To-_TD3 C) M 00 ..0 � O c i O ° ° 16 >, 74 O cao Q- ate) cca •-> 0/ 03 L.- ..., \ cn o Q L1.7_ a) E' C L' + O O U a) C •0 r , O o , � o O O O 0 - a) � ° Om v �' o � ca � O i (� ^; o caa)) o a- - W C.) c6 o) E >. — ts. o p ° 2 m ° � �' ° 2, 4 o N �� > 0 c • c 0 > O CT O C : , �- ° aa'i = Ncu -° o„ 0, N V ° .a CO O ° ca 00 � W � w0 � � Q - N O O ° cn .r. — LBh N 00 NQTO ° a) � To0 Na1 N 6 � C C u' °p -co ca 3 COU , M N Q 0 Cl) = •O c a) a) a) c p (0 • Q O L.Cl La) . 44..0 en _O en (a w . Q v D 0 5m cE W > . N N-, eC _c ° co • VO4- O c) , ` N o0 �- ff � t co - I 17. omCD Ec rn 54a 0 F CT N0 L.- c O O N � No �,c ° ca i_ > _ • Q 0 ° - a- — — O r"`10- � L'� 03 p C.)N -C = a)O U ~ t z W U O ° .- co ++ O c _c -a coV N �p 6 -� a) p p � U >,c 'Q v C S F �i C Q .r c a) -0O Wa) OOaa)) L- - co c U I- > 0o ,_ A h m