HomeMy WebLinkAboutItem 10 March 2006 Election Issues a. First Reading of the Ordinance to Opt Out of Early Voting b. Canvassing Board Appointment c. Approval of Election Contract from Orange County Supervisor of Elections
AGENDA ITEM COVER SHEET
Meeting Date: December 20, 2005
Item # 10
Contact Name:
Contact Number:
Beth Eikenberry
1022
Reviewed By:
Department Director:
City Manager:
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Subject: ELECTION ISSUES; March 14, 2006, Municipal Election
Background Summary:
At the Commission Meeting on December 6, 2005, the consensus of the commission was to adopt an ordinance
opting out of Early Voting in the City of Ocoee. That ordinance is included for First Reading.
Additionally, the City needs to make some changes to the Canvassing Board and its meeting dates, due to the
uniqueness of this election and changes in Florida Election Laws.
The election contract between the City of Ocoee and the Supervisor of Elections Office is included for the
Commission's consideration and approval.
Issue:
Should the Mayor and City Commission A) Adopt on first reading, the ordinance approving the City of Ocoee to
"opt out" of early voting, B) Select a member to serve on the Canvassing Board and approve the meeting dates, C)
Approve the Election Contract with the Supervisor of Elections Office.
Recommendations
Staff respectfully recommends the Mayor and City Commission:
A) Adopt on first reading, the ordinance approving the City of Ocoee to "opt out" of early voting
B) Select Jean Grafton to serve on the vacant seat on the Canvassing Board and approve the meeting dates
C) Approve the Election Contract with the Supervisor of Elections Office
Attachments:
Ordinance
Section C-50 of the Charter of the City of Ocoee
Election Contract with Orange County Supervisor of Elections
Financial Impact:
Type of Item: (please mark with an 'x')
Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
_ Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
_ Consent Agenda
_ Public Hearing
~ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
City Manaqer
Robert Frank
Commissioners
Gary Hood. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Nancy J. Parker. District 4
Mayor
S. Scott Vanderqrift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Beth Eikenberry, CMC, City Clerk
DATE:
December 20, 2005
RE:
Election Issues, Municipal Election - March 14, 2006
BACKGROUND/DISCUSSION
A) Adopt on first readina. the ordinance approvina the City of Ocoee to "opt out" of earlv votina
At the Commission Meeting on December 6, 2005, the consensus of the commission was to adopt an
ordinance opting out of Early Voting in the City of Ocoee. Adoption of this ordinance will still allow for
Ocoee residents to vote early for a fourteen-day period prior to the Municipal Election at the Supervisor of
Elections Office, or cast an absentee ballot. This ordinance is attached for consideration
B) Canvassina Board: Select a member of the Canvassina Board and confirm meetina dates.
Section C-50 of the City Charter
The results of the voting at each polling place when ascertained shall be certified by return in duplicate
signed by the Clerk and majority of the inspectors of the election, one copy being delivered by the Clerk
and inspectors to the Mayor and the other to the City Clerk, both of whom shall transmit such return to a
public meeting of the Canvassing Board, which will consist of the Mayor and the two City Commissioners
who were not UP for election, such meeting to be held at 1 :00 noon following the day of the election or as
soon thereafter as is practicable. At such time, the Canvassing Board shall canvass the returns and shall
declare the results of the canvass as the results of the election. A majority of the Canvassing Board shall
constitute a quorum thereof.
1) Selection of a Member: Due to the unique circumstances of this election, where three Commission
Seats will be up for election, we are not able to use two Commissioners, who are not up for election, for
the Canvassing Board. Staff recommends that the Commission select a resident to serve on the
Canvassing Board for this election only. Jean Grafton, former City Clerk, has advised that she would be
willing to serve, if appointed.
2) Meeting Dates: There is a new provision in Florida Election Laws which allows persons casting a
provisional vote three additional days, until Friday, March 17, 2005, to produce proof that helshe is a
registered voter. The canvassing board will have continue their session until those results are tabulated.
Staff recommend Meeting at noon on Wednesday, March 15, 2006, per the City Charter, and continuing
the session until noon, Monday, March 20, 2006, to include the provisional ballots and announce the
official results of the election.
C) Approve the Contract between the City of Ocoee and Oranae County Supervisor of Elections.
A copy of the Contract is attached for your consideration and approval.
1
ORDINANCE NO. 2005-XX
AN ORDINANCE BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AMENDING THE CODE OF ORDINANCES,
CHAPTER 5; ELECTIONS; BY ADDING A NEW SECTION 5-16,
EARLY VOTING OPT OUT PROVISION; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREVITY, PROVIDING FOR SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature has adopted a revision to Section 101.657 of the
Florida Statutes, said section relating to Early Voting; and,
WHEREAS, State law allows the City of Ocoee, Florida to "opt out" of the provisions of
Section 101.657, and because of financial and logistical considerations, "opting out" is a
proper action to take; and,
WHEREAS, the City of Ocoee, Florida states that it is in the best interest of its residents to
"opt out" in accordance with Florida State Statute Section 101.657 of the Florida Statutes.
THEREFORE, be it enacted by the City Commission of the City ofOcoee, Florida:
SECTION 1. The City ofOcoee hereby exercises its right to exempt itself from the
provisions of 101.657, F.S. and shall contract with the Orange County Supervisor of
Elections to conduct early voting for the City of Ocoee at the Orange County Supervisor of
Elections Office.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. Should any portion ofthis Ordinance be held invalid, then such
portions are not declared invalid and shall remain in full force and effect.
SECTION 4. This Ordinance shall take effect immediately upon passage and
adoption.
PASSED AND ADOPTED this
ATTEST:
Beth Eikenberry, City Clerk
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FORM AND
LEGALITY, THIS day
of ,2005
FOLEY & LARDNER, LLP
BY:
CITY ATTORNEY
day of
,2005.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2005
READ FIRST TIME
, 2005
READ SECOND TIME AND ADOPTED
, 2005
UNDER AGENDA ITEM NO.
BILL COWLES
Supervisor of Elections
Orange County, Florida
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OUR MISSION IS TO'
Ensure the integrity of the electoral process,
Enhance public confidence,
Encourage citizen participation.
VOTE PROCESSING EQUIPMENT USE AGREEMENT AND ELECTION CONTRACT
This Agreement is entered into by and between the Orange County Supervisor of
Elections, (hereinafter referred to as "Lessor") and the City of Ocoee, Florida,
(hereinafter referred to as "Lessee").
PREMISES;
1. Lessor is the legal custodian of Orange County voting machines and is charged
with the responsibility for custody and maintenance of those machines.
2. Lessee desires to conduct an election requiring the use of vote processing
equipment and desires to use said equipment to count ballots.
3. The Board of County Commissioners of Orange County has authorized the
leasing of voting equipment and approved certain terms and conditions set forth below.
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
terms and conditions stated below and on the attached Summary of Election
Responsibilities, Lessor and Lessee agree as follows:
SECTION 1. Agreement. Lessor shall lease to Lessee voting machines according to
the terms and conditions stated below, for Early Voting and Polling Places
for a General Election to be held on March 14, 2006 and a Run-off
Election (if necessary) to be held on April 11, 2006.
SECTION 2. Votinq Equipment Leased. This lease covers the use of one tabulator and
one iVote per Early Voting site (to be located at the office of the Lessor)
and one per precinct.
SECTION 3. Lease Prices. Lessee shall pay to Lessor One Hundred Fifty Dollars
($150.00) for the first programmed Eagle III-PE tabulators leased and
Seventy-five Dollars ($75.00) for each additional tabulator leased.iVote
will be provided at no cost for this Election Cycle only. Future cost to be
determined.
Lessee shall also pay for expendable precinct supplies at a rate of Fifty
Dollars ($50.00) for each precinct and Early Voting site(s). Lessee will pay
the cost incurred to produce and bind Precinct Register/Poll Lists and Street
Indexes, and any other lists ordered for this election.
119 West Kaley Street, Orlando . Reply to: Post Office Box 562001, Orlando, Florida 32856
Phone (407) 836-2070 . Fax (407) 254-6596 . TOO (407) 422-4833 . Internet: www.ocfelections.com
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Lessee will be charged $.10 for each petition and absentee ballot signature
checked. Lessee shall pay Lessor $1.75 for each absentee ballot request
processed plus actual postage costs.
Lessee shall pay the Lessor for other election services and perform the
actions which are listed in the attached Summary of Election
Responsibilities.
SECTION 4. Term. For each election, the term of this lease begins with ballot layout and
ends when ballots have been processed, results obtained, and voting
equipment has been returned to the Lessor's warehouse. In the event of an
election contest or challenge, Lessor agrees to cooperate in providing any
public records in which the Lessor is the original document holder.
SECTION 5. Ballot Services. Lessee shall furnish all ballot information immediately upon
the close of qualifying. Such information shall be provided in both English
and Spanish and shall include the name of the candidates as they are to
appear on the ballot and any other such information as may be required for
each contest. Lessor will agree to provide the layout of the ballot(s) based
on the information furnished by Lessee and deliver ballot layout to the
approved printer. Lessee will place ballot order with printer. Both Lessor
and Lessee must sign off on ballot proof(s) and screen displays for iVotes.
Lessor will program the tabulators and iVotes to count said ballot(s) and test
ballots received from printer, in accordance with the Florida Election Code.
SECTION 6. Operation Personnel. Lessor will select poll workers from experienced poll
workers. Lessor will assign back up poll workers to be available Election
morning. Lessor will train poll workers in accordance with the Florida
Election Code. Lessee will pay poll workers for their services. Lessor will
select early voting staff. Lessor will train early voting staff. Lessee will pay
early voting staff directly for their services. Any maintenance, repairs or
other "troubleshooting" services for equipment that may malfunction will be
performed exclusively by the Lessor.
SECTION 7. Transportation of Leased Machine. Lessor will be responsible for delivery
and pick up of leased equipment. Equipment will be delivered and/or
picked up by Lessor on dates specified in attached Summary of Election
Responsibilities. Lessee shall reimburse Lessor, at a pro rated rate, costs
incurred for equipment delivery and pickup.
SECTION 8. Location of Leased Eauipment. Lessor shall approve the Polling Place(s)
and Early Voting site(s) for use of each leased machine. Each machine
shall be located in a covered and protected area. Once placed on site, no
machine shall be relocated without prior written approval of the Lessor.
SECTION 9. Hold Harmless Covenant. To the extent permitted by applicable law, Lessee
hereby agrees to indemnify and hold harmless the Lessor, his officers,
agents, and employees, from and against any and all claims, damages,
injuries, losses and expenses, including reasonable attorney's fees, arising
out of or resulting from any or all acts of omission or commission of or by
the Lessee, its officers, agents, and employees, with respect to any and all
use, operation, maintenance or custody of the voting machines covered by
this Lease Agreement.
H:\COMMON\Elections\Contracts Municipal\2006\Ocoee.doc
Revised 11/1712005 by MR
SECTION 10. Modification. No modification of this agreement shall be effective unless
submitted in writing and signed by both parties, or their duly authorized
representatives.
SECTION 11. Other Necessarv Costs. Any additional costs or fees that may be
incurred by the Lessor in compliance with the Florida Election Code and
as a direct result of either the General Election or the Run-off Election, if
necessary, that are not specified in this contract or the attached
Summary of Election Responsibilities shall be paid for by the Lessee
upon written notice by the Lessor.
SECTION 12. Effective Date. This Agreement shall take effect on the latter of the two
dates set forth below.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Agreement on the
dates set forth below.
ORANGE COUNTY SUPERVISOR OF
ELECTIONS,
LESSOR
CITY OF OCOEE, FLORIDA
LESSEE
By:
By:
Bill Cowles
ATTEST:
ATTEST:
Date:
Date:
H:\COMMON\Elections\Contracts Municipal\2006\Ocoee.doc
Revised 11/17/2005 by MR
BILL COWLES
Supervisor of Elections
Orange County, Florida
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SUMMARY OF RESPONSIBILITIES
CITY OF OCOEE
General Election: March 14, 2006
Run-off Election: April 11 , 2006
OUR MISSION IS TO
Ensure the integrity of the electoral process.
Enhance public confidence.
Encourage citrzen participatIOn.
The following is a summary of selected election activities and a notation of the jurisdiction
responsible for the same. All areas of the election code are not included below. The
Municipal Clerk is responsible for the conduct of the elections and for insuring the
compliance with all applicable statutes. Your attorney should examine the principal
contract as well as this Summary of Responsibilities. The City of Ocoee will
hereinafter be referred to as the "City" and the Orange County Supervisor of Elections will
hereinafter be referred to as the "Supervisor of Elections."
The City will: PROPERLY CALL AND ADVERTISE THE ELECTION ACCORDING TO
STATUTES AND CHARTER.
Unless otherwise stated below, all responsibilities apply to both the General and
Run-off elections.
QUALIFYING CANDIDATES:
City will:
. Provide qualifying packets to candidates and accept and process all qualifying
papers and fees.
. Pay to Supervisor of Elections .10 per name checked to verify signatures on
qualifying petitions if petitions are part of qualifying process.
Supervisor of Elections will:
. Verify signatures on any qualifying petitions submitted by City.
BALLOT:
City will:
. Place an order for a sufficient quantity of ballots to include early voting,
absentees, provisionals and precincts, with printer as designated by the
Supervisor of Elections and pay the printer directly for the cost of said ballots.
. Immediately upon the conclusion of the qualifying period, submit all ballot
information in English and Spanish (including: City title; name of election; title
of office and/or referendum title; explanation; and questions).
. Sign off on approval of the ballot proof and screen display.
. Sign off on approval of the Sample Ballot Postcards.
. Reimburse the Supervisor of Elections for costs incurred to produce ADA
required audio files.
119 West Kaley Street, Orlando . Reply to: Post Office Box 562001, Orlando, Florida 32856
Phone (407) 836-2070 . Fax (407) 254-6596 . TOO (407) 422-4833 . Internet: www.ocfelections.com
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Supervisor of Elections will:
. Layout, check, proof, and deliver ballot layout to printer.
. Receive, securely store and account for all ballots until disbursed to Early
Voting locations or to polling places.
. Control all access to unvoted ballots while in the possession of the
Supervisor of Elections.
. Coordinate mailing of Sample Ballot Postcard to all registered voters in the
City prior to election including Polling Place information.
SAMPLE BALLOT POSTCARDS:
City will:
. Sign off on approval of sample ballot postcard as to Election date(s), office(s)
and candidate names.
. Verify and approve polling place information.
. Reimburse Supervisor of Elections for all costs incurred in producing and
mailing sample ballot postcards.
Supervisor of Elections will:
. Layout, check, proof and deliver sample ballot postcard layout to AXIS.
. Coordinate mailing of Sample Ballot Postcard to all registered voters in the
City prior to the election including accurate polling place information.
APPLICATIONS/ISSUING/COUNTING ABSENTEE BALLOTS
EARLY VOTING:
City will:
. Reimburse the Supervisor of Elections for staff over time hours due to
weekend hours for early voting.
. Pay for Early Voting supplies ($50.00 per site).
. Designate Early Voting sites 30 days prior to each Election.
Supervisor of Elections will:
. Insure that experienced Supervisor of Election personnel staff Early Voting, in
accordance with Florida Law.
· Prepare and provide all supplies needed for Early Voting site(s).
· Control all access to unvoted ballots while in the possession of the
Supervisor of Elections.
ABSENTEE VOTING:
City will:
· Reimburse Supervisor of Elections for postage costs.
· Pay Supervisor of Elections $1.75 for materials for each absentee ballot.
· Pay Supervisor of Elections $.10 per signature for verifying signatures on
returned voted ballot certificates.
· Refer all requests for absentee ballots to Supervisor of Elections.
Supervisor of Elections will:
· Accept all requests for absentee ballots by telephone, mail, or in person.
· Mail absentee & overseas ballots.
· Receive voted absentee ballots.
H:\COMMON\Elections\Contracts MunicipaJ\2006\Ocoee.doc
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. Verify signatures on returned voted absentee ballot certificates.
. Account for all absentee ballots.
ABSENTEE BALLOT COUNTING:
City Will:
. Convene canvassing board to determine which voted absentee ballots will be
counted.
Supervisor of Elections will:
. Provide secure storage for any ballots while in Supervisor of Elections'
custody.
POLL WORKERS:
City will:
. Pay poll workers.
Supervisor of Elections will:
. Select poll workers from experienced poll workers.
. Train poll workers.
POLLING PLACES:
City will:
. Arrange for use and pay any rental fees directly to polling place.
. Make polling place accessible to disabled and elderly voters.
. Reimburse Supervisor of Elections all costs incurred for phone lines installed
at polling places including but not limited to: installation, monthly service and
repair charges
. Notify Supervisor of Elections if tables and chairs for poll workers and
disabled/elderly voters are needed if none is provided by the polling place.
. Notify the Supervisor of Elections not less than thirty days prior to the election
that a polling place will be moved to another site.
Supervisor of Elections will:
. Approve polling place.
. Provide telephone service in voting room if none is available.
. Provide tables and chairs for poll workers and disabled/elderly voters if none is
provided by the polling place and if such accommodations are requested by the
City in writing.
PRECINCT SUPPLIES:
City will:
. Pay for precinct supplies ($50.00 per precinct)
. Provide a secure place for precinct clerk(s) to return supplies and voted and
unvoted ballots on election night.
. Pay production and binding cost for Poll Lists/Precinct Register & Street
Index(s).
. Return Precinct supplies to Supervisor of Elections office no later than the
day after election(s). .
H:\COMMON\Elections\Contracls Municipal\2006\Ocoee.doc
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Supervisor of Elections will:
. Prepare and pack all supplies and ballots needed for election precinct(s).
. Distribute Supplies and ballots at Poll Worker Training
. Print and bind Poll Lists/Precinct Registers and Street Index(s)
BALLOT TABULATING EQUIPMENT:
City will:
. Pay $150.00 rental fee for the first programmed tabulator and $75.00 for
subsequent tabulators.
Supervisor of Elections will:
. Prepare, program and test tabulating equipment for early voting sites and
polling places.
. Conduct public test of tabulating equipment prior to the start of early voting.
. Provide stand-by personnel for troubleshooting.
. Prepare precinct tabulators and other election equipment for delivery to the
assigned polling places on March 13, 2006 for General Election and April 1 0,
2006 for Run-off (if needed).
. Arrange for delivery to the assigned polling place on March 13, 2006 for
General Election and April 1 0, 2006 for Run-off Election (if needed).
. Arrange for all rented tabulating equipment used at poll locations for General
Election, to be picked up on March 15, 2006 and on April 12, 2006 for a Run-
off Election (if needed).
RESULTS:
City will:
. Provide for collection of results from precinct(s).
Supervisor of Elections will:
. Program tabulators and iVotes to print out accurate results.
. Program tabulators and iVotes to modem results
ADVERTISING:
City will:
. Prepare and arrange for publication of all legal advertising required by state
and federal statutes, city charter & city ordinances. (Advertising must be
published in English and Spanish).
Supervisor of Elections will:
. Provide samples of required advertising upon request (If available).
RETENTION OF ELECTION RECORDS:
City will:
. Store all necessary election records and ballots until expiration of retention
period prescribed by statutes.
Supervisor of Elections will:
. Process affirmation forms.
· Sort, inventory, and pack, all election materials for pick up by City Clerk for
retention and disposition.
H:\COMMON\Elections\Conlracts Municipal\2006\Ocoee.doc
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VOTING HISTORY:
City and Supervisor of Elections will make mutually acceptable arrangements for
recording voting history at a later date
ORANGE COUNTY SUPERVISOR OF
ELECTIONS
LESSOR
CITY OF OCOEE, FLORIDA
LESSEE
By:
By:
Bill Cowles
ATTEST:
ATTEST:
Date:
Date:
H:\COMMON\Eleclions\Contracls Municipal\2006\Ocoee.doc
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