HomeMy WebLinkAbout03-15-2006 Canvassing/Audit Board Minutes MINUTES OF THE CITY OF OCOEE CANVASSING BOARD MEETING HELD
MARCH 15,2006
CALL TO ORDER
Mayor Vandergrift called the Canvassing Board to order at 12:06 p.m. in the
Commission Chambers Conference Room. The roll was called and a quorum declared
present.
ROLL CALL: Mayor Vandergrift, Commissioner Johnson, and former City Clerk Jean
Grafton. Also present were City Clerk Eikenberry, Recording Clerk
Aycock, City Attorney Rosenthal, Supervisor of Elections Representatives
Dan Beavers and Jack Callender, Commissioner/Candidates Scott
Anderson, John Grogan, Joel Keller, Janet Shira, Jim Sills, Bill Simon
(husband to candidate Shelly Simon), and several other citizens.
ABSENT: None.
Mayor Vandergrift thanked all candidates running for office. He introduced the two
gentlemen from the Supervisor of Elections Office, Mr. Dan Beavers and Mr. Jack
Callender, who would be running the absentee ballot tabulations. Mr. Beavers explained
the process of running a zero tape first to be sure the machine is working, then running
through the actual absentee ballots, and finally running another zero tape. He said this
process guarantees the machine is working properly.
City Attorney Rosenthal stated that the City Commission had previously determined
that they would follow the procedures established by the Orange County Supervisor of
Elections (hereafter referred to as SOE) with respect to the Canvassing Boards' activities.
City Clerk Eikenberry read the rules for the Canvassing Board. She said the step of
opening envelopes could be performed manually in the conference room, or automatically
using the machine in the Customer Service Department, in the presence of the Canvassing
Board members. City Clerk Eikenberry announced that two (2) rejected absentee
ballots were due to the signature on the envelope not matching the signature that SOE had
on file. She state the Canvassing Board is at liberty to decide whether to accept these two
ballots or not.
City Attorney Rosenthal read the name of the first citizen with a rejected ballot due to a
mismatched signature, Wynona Woodson. He passed her absentee ballot on to the Mayor
for review. Mayor Vandergrift stated that Wynona Woodson is gravely ill and he is
satisfied with the signature because he understands why it is so sloppy.
The Canvassing Board reviewed the signature and unanimously decided to accept her
vote.
City Attorney Rosenthal said the next rejected ballot due to mismatched signature
belonged to Doris Marie Slmick. Comments were made regarding Ms. Slmick being ill
as well. A citizen in attendance inquired if the citizens were gravely ill if they would be
Ocoee Canvassing Board
March 15,2006
considered to be in sound mind. City Attorney Rosenthal stated that was not for the
Canvassing Board to decide, their only decision was whether they believed the signature
was fraudulent or legitimate. Mayor Vandergrift said that the signatures of Ms. Slmick
were different in that one used a middle initial used and one used a middle name.
Commissioner Johnson stated his rejection to the ballot. Jean Grafton stated the
signatures did not look the same, but inquired if they should be consistent because Mrs.
Woodson's signature did not look the same either; however, they happened to know how
ill she was. Mayor Vandergrift said that Ms. Slmick's signature type is different, not
just the handwriting.
A vote was taken and all voted to reject the ballot of Doris Marie Slmick.
City Attorney Rosenthal stated that one ballot was rejected due to lack of a signature by
Betsy Singer. Jean Grafton said that no signature is no vote.
The Canvassing Board voted unanimously to reject the ballot of Betsy Singer.
City Attorney Rosenthal stated that one ballot was rejected by Beth Eikenberry. City
Clerk, Beth Eikenberry, stated the reason for the rejected according to SOE is that they
did not have identification for her on file. She said that because she was a first time
absentee ballot user in Orange County, that they had a problem finding her I.D. on file.
Beth Eikenberry said she believed they had it so did not send a copy of it with her ballot.
City Attorney Rosenthal reminded everyone that the purpose of the Canvassing Board is
to decide if the ballot is fraudulent or legitimate and that Beth Eikenberry is present and
states her ballot is legitimate.
The Canvassing Board voted and it was unanimous to accept the ballot of Beth
Eikenberry.
Citizen, Rosemary Wilsen, inquired how the ballot could be accepted by the Canvassing
Board when SOE rejected it because of lack of identification being on file, which the
rules state it needs to be. Mayor Vandergrift stated it was a common sense approach
because Beth Eikenberry is present to ensure her vote is legitimate. City Attorney
Rosenthal expressed the purpose of the Canvassing Board is to review and look at the
absentees and make a decision. He said the SOE office does the initial sort and states
their evaluation of the ballot, which the canvassing board has the power to officially
determine whether to accept or deny. In other words, the SOE just passes on the
information they have and leaves it to the Canvassing Board to determine.
City Clerk Eikenberry announced that 142 absentee ballots were accepted, and four
were rejected. City Attorney Rosenthal stated that two of the rejected ballots have now
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Ocoee Canvassing Board
March 15,2006
been accepted by the Canvassing Board, making a total of 144 absentee ballots to be
counted.
Without objection, the Canvassing Board accepted the review by the Supervisor of
Elections Office and accepts the stack of 144 absentee ballots.
Jean Grafton inquired if they would separate ballots by district. Dan Beavers, SOE,
explained the tabulator would categorize the ballots by precinct. City Clerk Eikenberry
asked if the envelopes could be kept separated by precinct in case a recount is required.
Mayor Vandergrift appointed Jean Grafton to observe the opening of the ballots from
the automatic machine. Employee Cathy Sills, wife of Commission Candidate Jim Sills,
stated she would show Jean Grafton how to operate the opening machine in her
department, and then leave the area. Citizen Rosemary Wilsen asked if Commission
Candidates were allowed to attend the opening and was informed that anyone was
welcome to overlook the process.
Jean Grafton stated the ballots needed to be counted before leaving the room to be sure
the numbers are correct. City Attorney Rosenthal said they counted a total of 144
ballots and they did not need to be sorted by precincts because the tabulator would sort
that.
The meeting was recessed for about ten minutes while the ballots were being automatically
opened.
Dean Beavers, SOE, opened the side panels of the tabulator for all to view as being
empty and ran a tape of all zeros to determine the machine was functioning accurately.
Meanwhile, the Canvassing Board opened all absentee ballot envelopes and separated the
secrecy envelopes with the ballots inside from the outer envelopes, placing them in a box.
Any ballots missing the secrecy envelope were removed by the SOE worker and put to
the bottom of the box, out of view to others. Once all envelopes were emptied, the empty
envelopes were checked to be sure no ballots were left.
The Canvassing Board then removed the secrecy envelopes from the box and pulled out
the ballots, which they laid face down in the box. Dean Beavers, SOE, ran the ballots
through the tabulator and explained that sometimes ballots are rejected from the machine
due to the wrong type of marker being used on the paper, which the machine is unable to
read. He said in the case of rejected ballots, the Canvassing Board would need to
duplicate the ballot with the correct pen, at which time they could discuss the user intent.
City Clerk Eikenberry read the rules for duplicating ballots.
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Ocoee Canvassing Board
March 15,2006
Dean Beaters, SOE, stated that the rejected ballots would need to be marked 01, 02,
03, etc. and the coinciding duplicated ballot would be marked D1, D2, D3, etc. City
Attorney Rosenthal marked the rejected and duplicate ballots as necessary with Jean
Grafton observing for accuracy.
City Attorney Rosenthal announced that twenty-seven (27) duplicate ballots were
created and ran back through the machine. Dean Beavers, SOE, ran another zero
tabulation to prove the machine was working properly.
City Attorney Rosenthal stated the Mayor would open the sealed envelopes with the
totaling tapes from each polling location, and would verify the numbers match those in
the Clerk's envelopes. City Clerk Eikenberry stated that two different tapes would
exist for each polling location, one for the paper ballots and one for the electronic touch-
screen(Ivotronic)ballots. Mayor Vandergrift announced the following numbers:
District 1 —276 paper ballots were cast; no electronic Ivotronic ballots were cast.
John Grogan 107 votes
Gary Hood 169 votes
District 2—672 paper ballots were cast; no Ivotronic ballots were cast.
Scott Anderson 320
Darrell Lowery 68
Janet Shira 146
Jim Sills 138
District 4—218 paper ballots were cast; 67 Ivotronic ballots were cast.
Joel Keller 119 paper votes, 34 Ivotronic votes= 153 total votes
Shelly Simon 99 paper votes, 33 Ivotronic votes= 132 total votes
Dean Beavers, SOE, stated the Ivotronics touch-screen voting is available at all polling
locations for handicapped voters; however, it is at the polling agents' discretion whether
to let all voters choose between the two or not. He said that in the future the touch-screen
polling booth will probably be the only type available.
City Clerk Eikenberry stated the early voting took place prior to Election Day at the
Supervisor of Elections office and explained to the Mayor how to read those results from
the tape. She further added that only thirteen (13) total early votes were received for the
whole City.
Mayor Vandergrift announced the following early voting results:
District 1 — 1 Early Vote
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Ocoee Canvassing Board
March 15,2006
•
Gary Hood 1 vote
District 2—2 Early Votes
Darrell Lowery 2 votes
District 4— 10 Early Votes
Joel Keller 6 votes
Shelly Simon 4 votes
Citizen Cathy Sills inquired if the early votes were included in the polling place
tabulations, or were they in addition to. City Clerk Eikenberry said they were
additional.
City Attorney Rosenthal said the results from the absentee ballots were ready and City
Clerk Eikenberry calculated the totals. Mayor Vandergrift announced the following
results for the absentee ballots:
District 1 — 14 Absentee Ballots
John Grogan 6 votes
Gary Hood 8 votes
District 2—97 Absentee Ballots
Scott Anderson 41 votes
Darrell Lowery 12 votes
Janet Shira 30 votes
Jim Sills 14 votes
District 4—33 Absentee Ballots
Joel Keller 23 votes
Shelly Simon 10 votes
Mayor Vandergrift stated there were no over-votes and no under-votes and explained
that over-votes are ballots with more than one candidate marked and under-votes are
blank ballots.
At this time the Clerk calculated the totals.
Mayor Vandergrift read the results of the tabulator as follows:
District 1 —291 Total Ballots
John Grogan 113 at 39% of Votes
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Ocoee Canvassing Board
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Cre Gary Hood 178 at 61% of Votes
District 2—771 Total Ballots
Scott Anderson 361 Votes at 47%of Total Votes
Darrell Lowery 82 Votes at 11% of Total Votes
Janet Shira 176 Votes at 23% of Total Votes
Jim Sills 152 Votes at 20% of Total Votes
Mayor Vandergrift stated a Runoff Election would be necessary in District 2 to be held
Tuesday,April 11, 2006,between Scott Anderson and Janet Shira.
District 4—328 Total Ballots
Joel Keller 182 Votes at 55%of Total Votes
Shelly Simon 146 Votes at 45% of Total Votes
City Clerk Eikenberry stated that a recount would not be necessary. City Attorney
Rosenthal stated that there were no provisional ballots; therefore, no meeting was
necessary on Monday. Dean Beavers, SOE, said the tabulator ran a zero tape again, both
tapes matched; therefore, the tabulator worked both before and after, and understandably
during.
Mayor VanderRrift, seconded by Jean Grafton, moved to certify the election results as
announced as Gary Hood being elected as Commissioner of District 1, a Run-Off
between Scott Anderson and Janet Shira for District 2, and Joel Keller being elected as
Commissioner of District 4. Motion carried unanimously.
Mayor Vandergrift announced that Commissioner Gary Hood and Commissioner Joel
Keller would be sworn in at the City Commission Meeting March 21, 2006, and a Run-
Off Election between Scott Anderson and Janet Shira would be held on April 11, 2006.
Adjournment.
The meeting adjourned at 1:50 p.m.
APPROVED
Attest: City of Ocoee
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
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To: Beth Eikenberry, Ocoee City Clerk
From: Pat Fletcher, Voter Service Manager
Date: March 15, 2006
Re: Voted Absentee Ballots
The following return ballots have been removed from the absentee vault on March 15,
2006. The City of Ocoee has no 4 questionable ballots.
Rejected Batch # 9460 Total 4
Card#7
Batch # Total
1755 5
1756 1 0
1757 1crs
1758 3 mc
1759 3 = c:-/',.:'.
rrh f._;a r--
1766 1 u- C1"'r.
Card#8 cc2
Batch # Total 7.:m r
1761 10 ="°r—(:'
1762 13
1763 9 rit
1764 5
1765 7
1767 8
1768 34
1769 8
1770 2
Card#9
Batch # Total
1771 6
1772 4 .
1773 6
1774 3
1775 5
L 1776 3
1777 5
Total Ballots Received 14,E
Received Bar
119 West Kaley Street, Orlando • Reply to: Post Office Box 562001, Orlando, Florida 32856
Phone (407) 836-2070 • Fax(407) 254-6596 • TDD (407) 422-4833 • Internet: www.ocfelections.com
Canvassing Board Results
March 15,2006 at 12:00 p.m.
City of Ocoee General Election
March 14, 2006
23 0 182 4%
10 0 146 3%
1233 13 144 0 1390 12%
The City ofOcoee Canvassing Board met at noon on March 15,2006. The members of the
Board are Commissioner Rusty Johnson, Mayor S. Scott Vandergrift, and Jean Grafton, retired
Ocoee City Clerk. Also present were City Attorney Rosenthal, City Clerk Eikenberry,
Recording Secretary Aycock, System Engineer Dane Beavers of the Orange County Supervisor
of Elections, Elections Clerk Jack Callendar, and 13 interested persons. Absentee ballots were
reviewed (146) and two were rejected. There were no provisional ballots. Total absentee ballots
(144) were combined with totals from early voting (13) and votes counted at the precincts on
March 14,2006 (1233).
Ocoee Code of Ordinances Section C-46 (C) states,In the event no candidate for a city elective
office receives a majority of the votes cast for that office, then a runoff election between the two
candidates who received the most votes for such office shall be held..."
The election was certified as follows:
District 1, Gary Hood elected with 61 % of the votes.
District 4, Joel F. Keller elected with 55% of the votes.
District 2, Run-off Election will be held on April 11, 2006, between Scott Anderson (47%)
and Janet Shira (23%).
.