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HomeMy WebLinkAboutCHAPTER #125CHAPTER NO. AN ORDINANCE PROVIDING A MA]filER AND METHOD FOR THE C?~STING OF VOTES BY P~NY '~.~UALI FI ED ELECTOR OF THE CITY OF SEBASTIAN, FLORIDA AT ANY ELECTION OR PRI~AP~Y ELECTION THEREIN ~"~0 M~Y BE ABSENT FROM SAID CITY ON THE DAY OF SUCH ELECTION OR PRI~SkRY ELECTION, OR l.'fHO, ON ;~CCOUNT OF PHYSICAL DISABILITY, IS L~ABLE, WITHOUT ANOTHER'S ASSIST- ANCE, TO ATTEND THE POLLS, .AND PROVIDING PENALTIES FOR ANY VIOLATION THEP. EOF. BE IT ORDAINED BY THE MAYOR AND THE CITY COU~'~CIL OF THE CITY OF SEBASTIAN, FLORIDA: Section !. For the purposes of this ordinance the term "absent voter" shall be construed to mean any qu~llfied and regis- tered elector who, on account of physical disability, is unable, v~Ithout a. nother~s assistance, to attend the polls, or any qualified and re~:istered elector, except persons confined in a prison or Jail, who is absent or who expects to be absent from the City of Sebastian, F].orida, during the entire period the polls are open for voting on the day of any election or primary election because of compelling business reasons. Any such absent voter may vote at any election as hereinafter provided. Section 2. At any time during the forty-five days next precedtn~ any election any such voter expecting to be absent on the day of such election from ~he City of Sebastian, Florida, may make application, to th~ City Clerk of the said City of Sebastian either in p.~rson or by maiN, upon ~ bl~nk to be furnished for that purpose by the City Clerk of the City of Sebastian, Florida, for tthe official ballot or ballots to be voted at such election; pro- vid. ed, that the said application may be made upon a blank prepared by said voter, where the said application is substantially in the form required b? this ordin~nce; ~-md provided further, that any written request of a voter for ~.n abse~:~tee ballot v,~hich sets forth st,~tutory ~rounds for makin~ .?plication for such ballot shall be accepted as a bona fide ~?p]_ication if th~~ signature thereon ~grees ~.~ith the signature of such voter on the registration books of the City of Sebastian, Florida. Such application blank, shall, upon request th,refor, be Immediately sent by said City Clerk of said City of Sebastian, Florida, to said absent voter by mail or shall be aelivered to said voter upon application made personally at the office of said City Clerk of the City of Sebastian, Florida. Such application blank shall be tn substantially the following form, and aha!! be signed by the ~pplicant and witnessed a~ herein required. Application for absent voter's ballot. ~, ....... , duly qualified s~d registered ~s a .... elector of the..~._ ..... . ~ City of Sebastiam, and State of Florida, and a .... , not confined to prison or jail, and e~ecting to be absent from the said City of oebosti.~n on the day for hol~mng such election because (check appropriate reason): (1) I am physic~-~lly disabled and ~nable ~.~ithout the ssstst- ~nce of another to attend the polls on election day (2) I exp*et to be ~bsent from tn City of Sebastian during the entire p,riod the polls are open for voting on the day of election because of compellin~ business r~as~ns ond can not with_ut m~ifest incon- venience vote in person, I hereby m~e application for an official ballot, or bal!ot~, to be voted by me at the election to be held in the City of Sebastian, Florida on Send "absent voter's" ballot to me at office, county, city address, if any ,~dd, ress of applicant Date . post Home In witness ~he~eof I have n~reunto set my hand and. seal this the day of Signed and sealed in presence of: Svrorn to and subscribed before me My commission expires: (Si~natur~ Of Sbsent v~°ter) Notar u or other officer authorized to administer oaths. SEAL In primary elections, the City Clerk of the City of Sebasti.~.n, Florida, will supply the elector with the ballot of the party in which he is registered and no others. Section 3. Upon receipt of such application blank, filled out and signed as ~bove provided, the City Clerk of the City of Sebastian, Florida sha~.l file tI~e sa.m~ ~n his office ~nd shall enter the name of the applicant a.nd the address to which such ballot or ballots are to be s~nt, upon a llst or record to be kept by such City Clerk of sai~ City of S~bastian for such purpose, to~ether with the date of recelvtua ~h. application, the date of mailing or delivering the bal]~.ot or ballots to ouch voter, the date of receivina- the ballot from such voter, and such other information as may seem necessary or ad.vi sab! e. Section 4. The City Clerk of the City of _ Sebastian s.b all, as soon a.s the printer delivers the ballots for a precinct in which .~oplications for absent voter ballots have been received, prepare the first numbered ballot for the first apPlicant, the second ballot for the second applicant, and so on. The City Clerk of the said City of Sebastian, Florida shall initial both stub no. 1 and stub no. 2 an~. shall enter the name of the voter in the place indicated for the voter to sign. If the applicant appears in person he shall sign stub no. 1 the same as if he were voting at the polls on election day. The said City Clerk shall then detach the ballot and stub no. 2 from stub no. I and shall as soon as possible forward by mail, post,~ge orepaid, or shall de~.fver personally, one of such ballots (or if there be more than one kind of ballots to be voted., then one ballot of each kind) to ~ach applicsnt for absent voter ballots from the City of Sebastian, Florida as shown by the llst provided for in the prec,dfn~ section, provided such applicant is properly registered. But said. City Clerk of the City of Sebastian, Florida shall not receive ~:~ppltcatlons for absent voter ballots later than 5:00 o'clock in the a~fternoon of the fifth day preceding any such prim~ry or election. In counting, the day of the election shall not be counted. The sai~ clerk sha]_! enclose ~,~ith such ballot or ballots ~ retu~ envelope properly addressed to h~_mself and beartn~ upon the back ~_iae thereof ~. printed statement in substantla].ly the following form: I, , d.o solemnly declare that I am a resident of the precinct of the City of Sebastian, in the County of ............ , State of Florida, and have been a resi~ent of such county or city for six months and of this State for one year a~d am entitled, to vote in such precinct; that the enclosed ballot ~as marked by me personally and_ enclosed in this envelope ~nd sealed_ by me without being exhibited to any other person. Tn the presence of: (two witnesses) (~ignature o'f absent-~oter]---' The printin~ of such statemant s.hall be so arranged, that the signature of the absent voter and the two witnesses shall be on lines across the flap of the envelope. After placing the ballot in the envelope it shall be sealed and the absent voter shall sign and the two ~.~'itnesses shall then sign at the place indicated, thereby certtfyin~f that the person who signed the same is persona].!y known to them ~ -~ ~.na that the name signed as the absent voter is the ccrrect name of the absent voter. Section ~. The City Clerk of the said City of Sebastian, Flori~a, shall slso enclose with each. ballot or set of ballots sent to each absent voter separate printed instr~ctlons to be furnished by them contatntn~ substantially the following: ~Upon receipt of the ballot or ballots herewith enclosed you will proceed to mark the same in accordance with the instructions, then fold each such ballot so that the stub, bearinf~ the initials of the City Clerk of the City of Sebastian may be seen without unfolding the ballot. Place th~ ballot or l. al!ots~ · in the envelope enclosed herewith and securely seal_ the same. Make out the statement print~d upon the back and sigr~ have the same si~ned by t~zo witnesses v.~ho have seen you sign, place the neceo~~,~o..~ ~ostage_ upon the anvelo~e_ . . and deposit the same ~ ~ .~ _ provla~.d for tn ~h postoff~ce or ~n some ~'overnme~t receptacle the 5eposit of ma~l matter, or deliver the same personally to th~s office so that the absent voters ballot will reach the City Clerk of the City of Sebastian, Florida, not later than ~:00 o~clock the afternoo~ of th~ fourth ~ay preceding any such primary or election. In counting, the day of the election shall not be counted. Section 6. Upon receipt of such bal..lot or ballots, the absent voter shall tn secret mark it or ~h~m tn ~ccordance with the printed instruction, shall fold it so the stub c~ be removed with- out unfo!~inff and ~nclose it or them in the envelope provided there- for, and after sea!in~ the envelope he shall fi].! out, sign and have the same stained by two witnesses w.ho h~v_~o a saen._, the voter sign. The absent voter shall then Place on the envelope the necessary postage, and shall deposit it in the postoffice or in some ~;overnment recep- tacle ~rovide5 for the deposit of mail matt=r or deliver the same '~ersonally to the office of the City Clerk of the City of Sebastian, so that such absent voter's ballot will be received by the said City Clerk before ~:00 o'clock 'in the afternoon of the fourth day preceding any s~ch primary or election. Section 7. The City Cl_.rk of the City of Sebastian shall safely ].~:eep in n~,_ office until election day any envelopes thereto- fore received by him, eontainin~ ~h .... marked ballots of any .absent votar, and he shall, before the opening of the polls on election day, or as soon thereafter as may be possible, deliver such envelopes to the election inspection board in such absent voter's precinct, together with the sisjn~d applications received by him from any voters of such preclnc~ and his Iisi or record kept relailve thereto. All marked ~bsent voters~ ballots received by the City Clerk of the City of Sebastian after the ~.ead!ine set at ~:00 o'clock in the afternoon of the fourth day preceding any such primary or election, shall be plainly marked by him with the time and date of receipt f n~ sha]_l b~ ~'~ . · ~=..c. in his office No application for a.n ~bsent voter's ballot shall be received or an absent voter's ballot handed out to such voter after the deadline provided in section ~ hereinabove set forth. Section 8. Upon the receipt from the City Clerk of the City of Sebastian, Florida of any envelope containing the marked ballot or ballots of an absent voter, the election inspection board sha]wl verify the legality of such vote by a comparison of the signa- ture to the statement printed on the back of the envelope containing the ballot with that upon the registration book; by an ex.~mfns.tion of the re~istratlon book to see that he is a registered voter en- titled to vote in the particular election; and by examination of the statement of such voter to see that the same is properly filled out and ~.ritnessed. Section 9. If upon such examination of the envelope containing the absent voter's ballot or ballots, it is deters_lined by such board that such vote is illegal, then such vote shall be rejected, and. thereupon some member of the board, shall, without opening the envelope, mark across the face of such envelope "rejected as illegal". Said envelope and the bal]..ot or ballots contained therein shall be re- tained and preserved, in the manner now provided by law for the re- tention and. preservation of official b,~!lots voted at such election. Section lO. If upon such examination of the envelope con- taining an ~bsent voter's ballot or ballots, the election inspection boo.rd shall determine that such vote is ]_egal, the member of the board receiving the ballots at such election shall open the absent voter's envelope, t~ke out the ballot or ballots therein contained and, if the initials on stub no. 2 ~on such ballot or ballots are the initials of the City Clerk of said. City of Sebastian shall, without unfolding such ballot or ballots, detach from each such ballot the perforated numbered, stub, and shall deposit each such ballot in the proper ballot box. The clerks of election shall note upon the poll lists the fact theft such voter voted at such election by means of an absent voter's ballot. Section ll. The provisions of this la~f shall not be construed so ~.s to prohibit any absent voter, returning to his place of res)dence from voting in person. ~Ithin his precinct at any re6~ular or special election or official primary eleotlon, notw~thstan~ing that he may have ma. de application for an absent votar~s ballot and. the same may have been mailed to him; provided that such voter has not ~vai].ed himself of the privileges of an absent voter, as provided by this law, and voted any such ballot mailed him by the City Clerk off the City of Sebastian, Florida, and provided also that he returns such ballot or ballots, if received, to the election inspection board in his precinct. In case any absent voter hal. lot is so returned, it shall by said board be m~.rked "cance!].ed" and placed in the regular box with other cancelled ballots. ~y voter voting at any election both in person and by means of ~n absent voter ballot, or who shall attest so to ~ote, shall, on convlct~on, be punished as hereafter provided. Section 12. _~y'person violating any provision of this ordinance sha].,] upon conviction thereof be punished by fine not exceeding ~00.00 or by imor!som~ent for a period of not more than si:{ty days or by both such fine and imprisonment in the discretion of the court tryinF the offender. Section ].-3. All ordinances and parts of ordinances in con.~]_ict~ h. ~ ~..~ith~ ~ ~ ~r~ hereby re~a.].ed... Section 1[~. This ordinance shall be in full force and effect imme~].iately upon its p?.ssa~e and approval by the Mayor or by ~ts becoming a~ ordinance ~..~ithout such s~proval. , , ~ , , . . . . . , ~ hereby certify that the foregoing ordinance was duly ~ pas's ed by~he~City~_ Council of the City of Sebastian on the day of , 1950. City C~_erk ' To the Mayor of the City of Sebastian, Florida: I hereby certify th?.t the foregoing Or.dina,rice was duly pasaed, by tn.. City Council on the ay o , 1950. T,he foregoln~ ordinance approved by me this//~ day of , 1950.