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Item #11 2018 General Election Canvassing Board a) Appointment of Canvassing Board Members b) Approval to Allow the Supervisor of Elections to Open and Run Unquestionable Vote-By-Mail Ballots Utilizing the Orange County Canvassing Board Criteria11400001W Ocoee tlorlda AGENDA ITEM COVER SHEET Meeting Date: February 20, 2018 Item # Reviewed By: Contact Name: Kathy Heard Department Director: t Contact Number: 1023 City Manager: Subject: 2018 General Election Canvassing Board a) Appointment of Canvassing Board Members b) Approval to Allow the Supervisor of Elections to Open and Run Unquestionable Vote -By - Mail Ballots Utilizing the Orange County Canvassing Board Criteria Background Summary: a) In accordance with Section C-50 of the Ocoee City Charter, the Canvasing Board will consist of three (3) citizens appointed by the City Commission. On February 5, 2013, the consensus of the Commission was that the Mayor and two (2) Commissioners whose district seats are not part of the election should each select one (1) member for the Canvassing Board. In keeping with that practice, Mayor Johnson, Commissioner Grogan and Commissioner Firstner would each need to appoint a member for the Canvassing Board. The Canvassing Board will meet on March 13, 2018, at 4:00 p.m., at the Supervisor of Elections Office, 119 West Kaley Street, Orlando. The Board will be required to meet again on Thursday, March 15, 2018, at 2:00 p.m. at the Supervisor of Elections Office to perform the manual audit. The process of canvassing and auditing the election results may take several hours. b) City staff is requesting approval to allow the Supervisor of Elections to open and run all vote -by - mail ballots through the tabulator (after 9:00 a.m. on March 13th) that are not questionable. This will save the Canvassing Board a lot of time as that portion will be completed upon their arrival. The Canvassing Board will then only need to accept or reject any vote -by -mail ballots that have issues with them (such as no signature, signatures do not match, etc.) using the same criteria. Issue: a) Appointment of members to the Canvassing Board for the March 13, 2018 General Election. b) Approval to allow the Supervisor of Elections to open and run all vote -by -mail ballots through the tabulator (after 9:00 a.m. on March 13th) that are not questionable utilizing the Orange County Canvassing Board criteria. Recommendations: a) Staff recommends Mayor Johnson, Commissioner Grogan and Commissioner Firstner each appoint a member to the 2018 Canvassing Board. b) Staff recommends the Honorable Mayor and City Commission approve the Supervisor of Elections to open and run all vote -by -mail ballots through the tabulator (after 9:00 a.m. on March 13th) that are not questionable utilizing the Orange County Canvassing Board criteria. Attachments: C-50 Ocoee Charter March 3, 2015 Minutes Appointing the Canvassing Board Members Orange County Canvassing Board Criteria Financial Impact: None Type of Item: (please mark with an 'x') Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval X Discussion & Direction 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 2 For Clerk's Dent Use: Consent Agenda Public Hearing x Regular Agenda N/A N/A N/A Any person who Is a resident of the City of Ocoee, who has qualified as an elector of the State of Florida and who registers in the manner prescribed by general law shall be an elector of the City of Ocoee. § C-48. - Registration of electors. Electors of the City of Ocoee shall register with the appropriate officials of Orange County, Florida. The City Commission shall have authority to make such arrangements as may be necessary for the attainment and/or certification of the list of eligible electors qualified to vote in a city election. § C-49. - Conduct of elections, [Amended 12-1-2009 by Ord. No. 2009-030][21 The City Commission shall designate the places of polling for all city elections and shall give notice of all city elections in accordance with the laws of Florida, Except as otherwise set forth herein, the City Commission shall by ordinance provide for the printing of ballots, the conduct of elections, Including absentee procedures, the canvass of returns, and all similar election details. Such ordinance shall, to the extent possible, ensure the secrecy of the ballot and the integrity of the poll. Footnotes: . (2)— Editor's Note: This ord fWnce was approved by the electorote of the City of Ocoee by referendum on 3.9-2070, said ordinance provided for an effective date of 6-1.2010. § C-50, - Certification of results; canvass of returns; notification of successful candidates. [Amended 12- 1-2009 by Ord, No. 2009-0301131 The results of the voting at each polling place when ascertained shall be certified by return in duplicate signed by the Clerk and a majority of the Inspectors of the election, one (1) 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 three (3) citizens appointed by the Clty Cornmission. The Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the election In a manner provided by city ordinance or as otherwise required by law. A majority of the Canvassing Hoard shall constitute a quorum thereof. Notwlth stan ding the foregoing, with the agreement of the Orange County Canvassing Board and Orange County Supervisor of Elections, the City Commission may, by ordinance, assign and abdicate the canvassing responsibilities of the City Canvassing Board to the Orange County Canvassing Board. In such event, the Orange County Canvassing Board shall canvass the returns and shall declare the results of the canvass as the results of the election in a manner provided by city ordinance or as otherwise required by law. Footnotes; ---131-- Editor's We: This ordinance was approved bythe electorate of the City of 0coee by referendum on 3-9.2010. Sald ordinance provided for an effective date of 6-1.2010. § C-51. - Names on ballots. The full names of all candidates for election to the City Commission, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol. The names of the candidates shall be arranged In the alphabetical order of their surnames. § C-52. - Ballots for ordinances and Charter amendments, Regular City Commission March 3, 2015 10. Appointment of Three (3) Members to the Canvassing Board Relating to the March 10, 2015, Election. (City Clerk Eikenberry) The following citizens were named to be considered for the Canvassing Board: Commissioner Grogan wished to nominate Jean Grafton. Mayor Vandergrift wished to nominate Victoria Laney. Commissioner Johnson wished to nominate Martha Lopez -Anderson. Commissioner Wilsen, seconded by Commissioner Keller, moved to appoint Jean Grafton, Victoria Laney, and Martha Lopez -Anderson to the Canvassing Board relating to the March 2015 General Election. Motion carried 5-0. J. STAFF ACTION ITEMS — None K. COMMENTS FROM COMMISSIONERS Commissioner Grogan - thanked the police officers for keeping our city safe. Commissioner Wilsen - announced Ocoee Municipal Election is Tuesday, March 10th and the two voting locations will be the Ocoee Lakeshore Center and the Jim Beech Recreation Center. Polls will be open from lam - 7pm. Commissioner Johnson -- None Commissioner Keller - restated same information regarding election and advised that it is important for voters to decide the future of the city. Mayor Vandergrift - reminded the public that stealing campaign signs can put you in jail. A call was just received that someone is currently removing campaign signs and the police are looking into this. Commissioner Grogan reminded the Commission that they need to take an Ethics class that is mandated by the state. The Tri -County League of Cities has some classes but it might not be compatible with their schedule; he would like Executive Assistant Shafer to contact the Tri - County League of Cities about hosting a class in the City of Ocoee and the city could invite neighboring cities to also attend. Mayor Vandergrift said without objection he would like to have Executive Assistant Tiffany Shafer contact the Tri -County League of Cities. ADJOURNMENT Meeting adjourned at 8:16p.m. APPROVED: Attest: A. e ikenberry, City Clerk City of Ocoee '=5 s!� d4'�— S. Scott Vandergrift, Mayor 6Page Orange County Canvassing Board 2018 Criteria Last Updated: 8/2/2017 Vote by Mail Accept Reject Case by Case CB Review? No Signature [101.68(2)(c)1], if left uncured* X No signature, with cure afftidavit [101.68(4)]* X Signature does not match [101.68(2)(c)1] [101.65 -15th day], if left uncured* X Signature does not match, with cure afftidavit [101.68(4)]* X Signature printed and does not match the signature on file [101.68(2)( c)1] [101.65], if left uncured* X Signature printed does not match, with cure afftidavit [101.68(4)]* X Voter signed envelope for someone else and the other person had a request on file X Certificate envelope has two signatures and both voters requested ballots and both received the same card numbers. X Voter sends ballot in blank envelope that does not have the oath [101.64(2)] X Voted wrong ballot card (voter has moved) [101.045] X Voter deceased or canceled since ballot returned [101.68(2)(c)2] X Late return of vote -by -mail ballot (Except UOCAVA voters) [101.67(2)] X Voted early or at the polls [101.69] 1 X T.S. 101.68(4) Until 5pm on the day before the election, the supervisor shall allow an elector who has returned a vote by mail ballot that does not include the elector's signature or whose signature does not match to complete and submit an affidavit to cure the vote by mail ballot. First time voters who registered by mail - Special Vote by Mail Accept Reject Case by Case Voter provides proper identification or indicates exemption [101.6923] X Voter does not provide proper identification or indicate an exemption by 7 pm [101.6923] X Provisional Ballots 101.048 Accept Reject Case by Case Voter is eligible, signature matches, correct precinct X Voter is eligible but did not have proper ID - Signature matches that on file X Voter given the provisional in error --should have voted a regular ballot X Voter's application was not verified by State, voter furnished additional information prior to 5 p.m. of second day. Voter deemed eligible. X Ballot cast in wrong precinct X Voter name not found - not registered to vote X Voter moved into county- Eligible, signature matches, correct precinct [101.045] X Voter moved out of county X Voter was canceled as a Felon or for other reasons X Voter registered after the books closed X Page I of 3 Orange County Canvassing Board 2018 Criteria Last Updated: 8/2/2017 Provisional Ballots 101.048 Accept Reject Case by Case CB Review? Voter's application was not verified by State, voter did not furnish additional identification by 5 p.m. of the second day. X Voter's application was incomplete so not eligible to vote X Voter's signature does not match and voter refuses to sign "Signature Differs" Affidavit. If signature on Prov matches that on file in the SOE office X Voter's signature does not match and voter refuses to sign "Signature Differs" Affidavit. If signature on Prov does not match that on file in the SOE office X Voter had been sent a vote by mail ballot, did not surrender it, vote by mail ballot has not been received by SOE X Voter's right to vote has been challenged X Voter has disputed parry affiliation in PPP and Primary - provisional ballot is the wrong party according to SOE research X Voter has already voted by vote by mail or at an early voting center X Voting hours extended - voter is eligible and in the correct precinct [101.049] X Voting hours extended - voter is eligible and NOT in the correct precinct X Absentees from Overseas Voters (10 days after the election) Accept Reject Case by Case No Postmark or date [101.6952] and [1 S-2.030] X Dated or postmarked on or by election day [101.6952] and [1 S-2.030] X Dated on or before election day but postmarked later or no postmark X Dated and postmarked after election or dated after election with no postmark X State Write -In Ballot 101.6951 Accept Reject Case by Case Wait to see if we have requests - have never had one X Page 2 of 3 Orange County Canvassing Board 2018 Criteria Last Updated: 8/2/2017 Just the Facts Federal Write In Absentee Ballot (101.6952, 102.166) Accept Reject Case by Case CB Review? Must be a registered voter in the county Must have signed the FWAB and the signature verified No date and no postmark - received after election day X Dated or postmarked on election day or earlier X No request received but dated on or before election day and oath is signed. X Challenge of overseas voter based on not meeting definition of [97.021(24)] X Not registered by deadline - all overseas voters X 10 -Day Extension for Overseas Voters: A federal write-in absentee ballot may not be canvassed until 7 p.m. on the day of the election. A federal write-in absentee ballot from an overseas voter in a presidential preference primary or general election may not be canvassed until the conclusion of the 10 -day period specified in subsection (5). Each federal write-in absentee ballot received by 7 p.m. on the day of the election shall be canvassed pursuant to ss. 101.5614(5) and 101.68, unless the elector's official absentee ballot is received by 7 p.m. on election day. 101.6952 (2)(a) An absent uniformed services voter or an overseas voter who makes timely application for but does not receive an official absentee ballot may use the federal write-in absentee ballot to vote in any federal, state, or local election. Date Adopted: Orange County Canvassing Board County Judge County Commissioner Supervisor of Elections Page 3 of 3