Loading...
HomeMy WebLinkAbout03122002 Minutes of the City of Sebastian Canvassing Board 3/12/2002 General Election Tuesday, March 12, 2002 - 5:00 p.m. 1 st Floor Conference Room A and Supervisor of Elections Office Indian River County Administration Building 1840 25th Street Vero Beach, FL Present: City of Sebastian Canvassiag Board Members: City Clerk, Sally Maio (Chairperson); Deputy City Clerk, Jeanette Williams; and City Attorney, Rich Stringer. Other Officials Present: Indian River Connty: Supervisor of Elections, Kay Clem; County Attorney, Brian Connelly; Chief Deputy Supervisor of Elections, Cathy Hart; Absentee Ballot Coordinator, Marge Diehl; and other Supervisor of Elections Stuff members and Indian River County Sheriff's Deputies. City of Veto Beach Canvassing Board Members: City Clerk, Tammy Vock; City Manager, Rex Taylor; and City Attorney, Charles Vitunac. City of Fellsmere Canvassing Board: City Clerk, Deborah Krages; Mayor Joel Tyson; and City Attorney, Warren Dill. Chairperson Maio called the Sebastian Canvassing Board meeting to order at 5:05 p.m. Each Canvassing Board called its roll. MOTION by Maio/Stringer 1 move to accept the state guidelines on optical scan ballots (see attached). VOICE VOTE carried 3-0. There were 24 absentee ballots received by the Supervisor of Elections for the City of Sebastian and no problems were indicated by her stuff. MOTION by Maio/Stringer I move to approve the March 5, 2002 Canvassing Board Minutes. VOICE VOTE CARRIED 3-0. Canvassing board members were instructed that following opening of absentee ballots, they would move to the Supervisor of Elections off-ice for a public test of the voting equipment prior to ballot counting at approximately 6:00 p.m. Absentee ballots were opened by Supervisor of Elections staff and opening was completed by 5:20 p.m. Minutes of the City of Sebastian Canvassing Board Tuesday, March 12, 2002 - 5:00 p.m. Page Two Members were advised that at least one member of the Canvassing Board should remain in the counting room once ballot counting began. Canvassing board members and staff members adjourned to the Supervisor of Elections office. At 6:15 p.m., the Sebastian Canvassing Board certified to a public test, however, upon closer inspection it was noted that the pre-election numbers were slightly larger than the March 5, 2002 numbers. Upon review of the matter by Supervisor of Elections staff and Sequoia representatives it was determined that the absentee votes used in the test were not imported into the March 5, 2002 data but were imported into the March 12, 2002 pre-election test data. Another pre-election test was conducted, whereby the machines were zeroed out once again and another count conducted. This result was the same as the first March 12th pre-election test and included absentee test numbers. A second certification was signed by all canvassing board members at 6:45 p.m.. Upon inspection of the language provided by Sequoia staff explaining the difference in numbem being the lack of test absentee votes being imported on March 5, 2002, a slight revision in the explanation was requested. Copies of the certification and explanations are attached to these minutes. The Supervisor of Elections advised the City Canvassing Board that a Fellsmere registered voter had come to her office to vote absentee and was given a card to vote by a staff volunteer, and in fact, voted a Sebastian ballot. She advised that this would result in one additional voted ballot for Sebastian. The voting equipment was once again zeroed out and certified by the Canvassing Boards in preparation for actual vote counts. Absentee votes were counted. At 8:27 p.m. Canvassing board membem were provided with provisional ballots for determination as to legality. Following discussion on state statutes and case law relative to provisional ballots (see Boardman v Esteva Fla 323 So. 2nd 259), motions were made. MOTION by Maio/Stringer I move to reject the Provisional Ballot (unnumbered) from Precinct 15. VOICE VOTE carried 3-0 MOTION by Stfinger/Maio I move to reject Provisional Ballots SB0006, SB0005, SB0004, SB0003, BS029 and a remaining unnumbered ballot. VOICE VOTE carried 3-0 Minutes of the City of Sebastian Canvassing Board Tuesday, March 12, 2002 - 5:00 p.m. Page Two MOTION by Stringer/Maio I move to reject Provisional Ballots 0051 (not signed) and 0052. VOICE VOTE carried 3-0. As ballot counting proceeded, the Canvassing Board was advised that pollworkers had left two machines with cartridges in them in precinct 14, but they said the machines had never been opened. City Canvassing Board members requested that they be retrieved prior to a final count. Deputy Sheriffs and Supervisor of Elections staff drove to Sebastian to retrieve them and it was witnessed that the seals had never been broken, and cartridges were inserted into the computer and it was determined that they had never been used. At 9:35 p.m. the Canvassing Board certified to final Sebastian results (see attached). At 9:50 p.m. voting equipment was once again zeroed out and certified by all Canvassing Boards. The Canvassing Board adjourned at 10:00 p.m. City ~/~ebTtian Canvassing Board~ City Clerk Chairperson feanette Williams ~Deputy City Clerk Rich String'-e~' City Attorney \wp-electlcanvmin2 2002. wpd 3 Supervisor of Elections Indian River County, Florida CERTIFICATION OF TABULATING EQUIPMENT TEST FOR THE CITY OF SEBASTIAN General Municipal Elections March 12, 2002 ( ) Public 0~) Pre-Election ( ) Post-Election The undersigned members of the Canvassing Board, do hereby certify that on March 12, 2002 at ~.' / 7.~;;~'~t, the automatic tabulation equipment to / be used in counting the election systems ballots was tested to ascertain that the equipment will correctly count the votes cast for all offices and all measures on the ballot. The test was conducted by processing a pre-audited group of ballots so marked as to record a predetermined number of valid votes for each candidate. We further certify that after the test was completed, the testing materials and programs were sealed in a transfer case with Seal # / 1840 25th Street, Suite N-lO9 Veto Beach, FL 32960-3396 · (561) 567-8187 FAX (561) 770-5367 Supervisor of Elections Indian River Count)', Florida CERTIFICATION OF TABULATING EQUIPMENT TEST FOR THE CITY OF SEBASTIAN General Municipal Elections March 12, 2002 ( ) Public (~re-Election ( ) Post-Election The undersigned members of the Canvassing Board, do hereby certify that on March 12, 2002 at--~ -'~TZ~/~tt , the automatic tabulation equipment to / be used in counting the election systems ballots was tested to ascertain that the equipment will correctly count the votes cast for all offices and all measures on the ballot. The test was conducted by processing a pre-audited group of ballots so marked as to record a predetermined number of valid votes for each candidate. We further certify that after the test was completed, the testing materials and programs were sealed in a transfer case with Seal # 1840 25th Street, Suite N-lO9 Vero Beach, FL 32960-3396 (561) 567-8187 · FAX (561) 770-5367 :r, r Clem Supervisor of Elections Indian River County, Florida ( I Public CERTIFICATION OF TABULATING EQUIPMENT TEST FOR THE CITY OF SEBASTIAN General Municipal Elections March 12, 2002 ( ) Pre-Election (X) Post-Election The undersigned members of the Canvassing Board, do hereby certify that on March 12, 2002 at C(~L~C~ 0, ~. the automatic tabulation equipment to be used in counting the election systems ballots was tested to ascertain that the equipment will correctly count the votes cast for all offices and all measures on the ballot. The test was conducted by processing a pre-audited group of ballots so marked as to record a predetermined number of valid votes for each candidate. We further certify that after the test was completed, the testing materials and programs were sealed in a transfer case with Seal # 2~!0~ . 1840 25th Street, Suite N-lO9 · Yero Beach, FL 32960-3396 · (561) 567-8187 · FAX (561) 770-5367 March 12, 2002 Municipal Election We the undersigned witnessed the public testing of the tabulation equipment and determined an error in tabulation from the March 5, 2002 public test. We determined the error was failure to export the optical scan absentee data to the Win EDS tabulation system. After a review of the reports showing no totals for those categories, we ran another public test including the exported absentee data and all totals matched. We also reimported the saved results from the absentee and provisional tests deck disks from the March 5, 2002 Public test into the tabulation system and determined that those results matched. z CO Z We tl}e un_ders~ed witnessed the public testing of the error in tabulatioh ['rom the March 5, 2002 public test. We determined the failure to export the tabulation system. ' a review of the reports m~other public test exported absentee reimported the saved from the absentee and 5, 2002 Public test into th saw on the March 5th Stateme data to the Win EDS no totals for those categories, we ran and all totals matched. We also tests deck disks from the March that those results matched what we March Municipal Election We the undersi error in tabulation of the tabulation equipment ,2002 public test. determined an We determined the error was failur~ oort the optical scan absentee tabulation system. After a rew, showing no totals for another public test sentee data and all totals reimported the saved results from the ~ and provisional tests 5, 2002 Public test into the tabulation system determined that 1 saw on the March 5th Statement of Vote report. to the Win EDS gories, we ran We also disks from the March results matched what we CERTIFICATE OF CANVASSING BOARD CITY OF SEBASTIAN INDIAN RIVER COUNTY, FL We, the undersigned, members of the duly constituted Board of Canvassers for the City of Sebastian, Florida, do hereby certify that we met in the office of the Supervisor of Elections on the 12th Day of March A.D. 2002 and proceeded to publicly canvass the votes given for the offices herein specified at the General Election held on the 12th Day of March A.D., 2002, as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: For City Council Member, the whole number of votes cast was 9~j~/o , of which number (VOTE FOR TWO) BETSY FIEI.D-CONNELLY RECEIVED ~ VOTES RECEIVED ~ t)q 7 VOTES RECEIVED /,, ~ 7,,Z. VOTES For City Council Member, (special race to complete vacated seat as per City Charter) (VOTE FOR ONE) RAYMOND G. CONIGLIO VOTES VOTES C~vassing Board Member, Jeanette Williams The following are guidelines for determining on an optical scan voting systems ~> whether or not there is a clear indication on the ballot that the voter has made a'~- [ I ~l' w definite choice: ~o (1) Ballots must be marked in pen or pencil (2) If a ballot is marked with a color or device that does not permit an accurate machine count, that vote shall count. (3) If a voter circles the arrow next to a candidate or issue, the vote for that candidate or issue shall count. (4) If a voter circles or underlines the name of a candidate, the vote shall count for that candidate. (5) If a voter circles or underlines the name of a party next to a candidate's name, the vote shall count for that candidate. (6) If them is an "X", a check mark, a diagonal, horizontal or vertical mark, a plus sign, an asterisk, a star or any other mark that is substantially contained in the arrow, touching the arrow, or within the blank space between the head and tail of the arrow that clearly indicates the voter intended the arrow to be marked, that vote shall count. ~ (7) If a voter marks more candidates than are positions there to be elected for that office, the votes for the candidates of that office shall not count. (8) If a voter marks less candidates than there are offices, the votes for all of those candidates shall count. (9) If a voter does not mark a candidate or issue, the votes for other candidates or issues on the same ballot that are validly marked shall be counted. (10) If a voter attempts to correct the ballot in a way that is clearly evident in the space where the voter could indicate a ballot choice by completing the target ama, and the voter has clearly and properly voted for another candidate or issue, the vote for the clearly and properly voted candidate or issue shall count. (11) If a voter has indicated in a dear fashion that a mistake has been made and has attempted to correct it, by either and "X" or equivalent mark to cross out a choice, and the voter has clearly and properly voted for another candidate or issue the vote for the clearly and properly voted candidate or issue shall count. Page Two Voter Intent Guidelines 2002 Municipal Elections (12) If the vote has made one or more stray marks that are clearly unrelated to the voter's intent to vote for a candidate or issue and the marks are visible in the read area of the ballot, the marks shall not invalidate the ballot. (13) If the voter writes on the ballot in a way that interferes with the ability of the automatic tabulating equipment to correctly read the ballot and the writing is clearly unrelated to the voter's intent to vote for a candidate or issue, the writings shall not invalidate the ballot. Ballot Style 12 I OFFICIAL BALLOT .. .. GENERAL ELECTION -. m ESCAMBIA COUNTY, FLORIDA ~ ~ NOVEMBER 7, 2000 m=,.I TO VOTE, COMPLETE THE ARROW(S) ~1~ m~ POINTING TO YOUR CHOICE(S), LIKE THIS: USE #2 PENCIL OR SPECIAL PEN IN BOOTH. _--_-I m m INSTRUCTIONS a. TO VOTE FOR a candidate whose name is printed on the baUot, complete the arrow pointing to the candidate for whom you desire to vote. b. TO VOTE FOR a write-in candidate, you must write the aualified candidate's name in the space provided for write-ins and complete the arrow pointing to the write-in candidate. c. Mark only with pen or No. 2 pencil. d. If you tear, deface or wrongly mark this ballot, return it and get another. ELECTORS FOR PRESIDENT AND VICE-PRESIDENT (A vote for the candidates will actually be a vote for their electors) (Vote for Group) REPUBLICAN GEORGE W. BUSH, Pres~den~ DICK CHENEY, Vice-Pres~dent DEMOCRATIC AL GORE, President JOE LIESERMAN, Vice-President LIBERTARIAN ~11 HARRY BROWNE, President ART OLIVIER, Vice-President GREEN RALPH NADER, President WINONA LaDUKE, Vice-President SOCIALIST WORKERS JAMES HARRIS, President MARGARET TROWE, V~e-Presidenl NATURAL LAW ~11 JOHN HAGELIN, President NAT GOLDHABER, Vim-President REFORM PAT BUCHANAN, President EZOLA FOSTER, Vice-President SOCIALIST DAVID McREYNOLDS, Presiden~ MARY CAL HOLLIS, ~ice-President CONSTITUTION PARTY OF FLORIDA HOWARD PHILLIPS, President J. CURTIS FRAZIER, Vice-Presiden~ WORKERS WORLD MONICA MOOREHEAD, President GLORIA LA RIVA, Vice-Presldenl m CONGRESSIONAL ..UNITED STATES SENATOR (Vote for One) BILL McCOLLUM ~m m~ BILL NELSON JOE SIMONETrA ~ m~ JOEL DECKARD ~M m~ IREFORMI WILLIE LOGAN ~ m~ ANDY MARTIN DARRELL L. McCORMICK U.S. REPRESENTATIVE 1ST CONGRESSIONAL DISTRICT STATE TREASURER (Vote forOne) TOM GALLAGHER tREPUBL1CANI JOHN COSGROVE (DEMOCRAT) COMMISSIONER OF EDUCATION (Vote for One) CHARME CRIST GEORGE H. SHELDON {DEMOCRAT) VASSILIA GAZETAS LEGISLATIVE STATE REPRESENTATIVE DISTRICT 3 (Vote for One) HOLLY BENSON JOHN H. WYCHE COUNTY I CLERK OF CIRCUIT COURT (Vote for One) MIKE WHITEHEAD SHERIFF (Vote for One) RON "RONNIE MC" McNESBY JiM LOWMAN TAX COLLECTOR (Vote for One) EDDIE SMALL IR EPUBL~CANI ~ JANET HOLLEY ~ ° mmm! (DEMOCRAT) SUPERINTENDENT OF SCHOOLS (Vote for One) JIM PAUL ~ m~ ~ EPU~LIOAN) / ~ CONTINUE VOTING ON BACK m m VOTE BOTH SIDES m mm BS12 I~ JUDICIAL / SCHOOL BOARD JUSTICE OF SUPREME COURT Shall Justice R. FRED LEWIS of the Supreme Court be retained in office? YES NO Shall Justice BARBARA J. PARiENTE of the Supreme Court be retained in office? YES NO Shall Juatice PEGGY A. QUINCE ot lhe Supreme Court be retained in office? YES NO DISTRICT COURT OF APPEAL Shall Judge EDWIN B. BROWNING, JR., of the First District Court of Appeal be retained in office? YES NO Shall Judge RICHARD W. ERVIN, III of the First District Coud of Appeal be retained in office? YES NO Shall Judge PETER D. WEBSTER of Ihe First District Court of Appeal be retained in office? YES NO ESCAMBIA SOIL AND WATER CONSERVATION DISTRICT, GROUP 1 (Vote for One) RICHARD "BO" DAVISON JACQUELINE B. FREISINGER PROPOSED CONSTITUTIONAL AMENDMENTS AND OTHER PUBLIC MEASURES To vote on a Constitutional Amendment or other public measure, complete the arrow next to either YES or NO. NO. t CONSTITUTIONAL AMENDMENT ARTICLE X, SECTION 19 (initiative) FLORIDA TRANSPORTATION INITIATIVE FOR STATEWIDE HIGH SPEED MONORAIL, FIXED GUIDEWAY OR MAGNETIC LEVITATION SYSTEM To reduce traffic and increase travel allematives, this amendment provides for development of a high speed monorail, fixed guideway or magnetic levitation system linking Flodda*s five ~rgest urban areas and providing for access to existing air and ground transportation facilities and services by directing the state and/or s~ate authorized private entily to implement lhe linancing, acquisition ol right*of-way, design, construc- tion and operation of the system, with construction beginning by November 1,2003. YES for Approval NO for Rejection NO. 2 CIRCUIT COURT JUDGE REFERENDUM (Implemenling Article V, Seclion 10) LOCAL OPTION FOR SELECTION OF CIRCUIT JUDGES Shall the method of selecting circuit court judges in the first judicial circuit be changed from election by a vote of Ihe people to selection by tha judicial nominating commission and appointment by the Governor with subsequent terms determined by a reteation vote ol the people? YES IB~ NO NO. 3 COUNTY COURT JUDGE REFERENDUM (Implementing Article V, Section 10) LOCAL OPTION FOR SELECTION OF COUNTY JUDGES Shall Ihe method of selecting county coud judges in Escambia County be changed from election by a vote of the people to selection by the judicial nominating commission and appointment by the Governor with subsequent terms determined by a retention vote ol the people? YES NO END OF BALLOT mm VOTE BOTH SIDES mm mm /¢ ¢ 3: FSASE Canvassinq Board Manual (revised 1/2002} 11 10/1/.048 1,02.141 (2) counted in lieu of the damaged or defective ballot. As an alternative, the valid votes on the damaged ballot card may be manually counted at the counting center by the Canvassing Board, whichever procedure is best suited to the system used. The totals for all such ballots counted manually shall be added to the totals for the several precincts or election districts. No vote shall be declared invalid or void if there is a clear indication on the ballot that the voter has made a definite choice as determined by the Canvassing Board. After duplicating a ballot, the defective ballot shall be placed in an envelope provided for that purpose, and the duplicate ballot shall be tallied with the other ballots for that precinct. C. Provisional Ballots 1. All provisional ballots shall remain sealed in their envelopes for return from the precincts to the Supervisor of Elections. 2. Notice of the meetings of the Canvassing Board must include the time and place that the provisional ballots will be canvassed. 101.048(2)(a) 3. The County Canvassing Board shall examine each provisional ballot to determine if the person voting that ballot was entitled to vote at the precinct in the election and that the person had not already cast a ballot in the election. 4. If it is determined that the person was registered and entitled to vote at the precinct in the election, the Canvassing Board shall compare the signature on the Provisional Ballot envelope with the signature on the voter's registration; and, if it matches, shall count the ballot. 5. If it is determined that the person voting the provisional ballot was not registered or entitled to vote at the precinct in the election, the provisional ballot shall not be counted and the ballot shall remain in the envelope containing the Provisional Ballot Voter's Certificate and the envelope marked "Rejected as Illegal." 6. The Canvassing Board will determine eligibility of the voter of a Provisional Ballot based only on records available at the Office of the Supervisor of Elections. Section 3: FSASE Canvassinq Board Manual (revised 1/2002) Rule 1S-2.003 Rule 1S-1.0031 Write-In Ballots from the Polls Write-In Ballots from the Polls will be canvassed in the same way Write-Ins from the Absentees. See IV. C 2 VI. SUBMITTING THE UNOFFICIAL COUNT 102.141(4) 102.141 (5) A. The Canvassing Board shall submit unofficial returns to the Department of State no later than noon on the day after the election. B. If the Board determines the unofficial returns may contain a counting error in which the vote tabulation system failed to count votes that were properly marked in accordance with the instructions on the ballot, the Board shall: 1. Correct the error and recount the affected ballots with the vote tabulation system; or Request the Department of State verify the tabulation software, Note: The unofficial count shall contain returns from the ballots referred to in 101.5614(8)