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HomeMy WebLinkAbout11032011CanvassingMinutes of the City of Sebastian Canvassing Board Absentee Ballot Opening Thursday, November 3, 2011 — 9 a.m. 11/8/11 General Election Supervisor of Elections Office 4375 43`d Avenue Vero Beach, FL 32967 Present: City of Sebastian Canvassing Board Members: City Clerk, Sally Maio (Chairperson), City Attorney, Robert Ginsburg, and City Manager, Al Minner. Other Officials Present: Indian River County: Supervisor of Elections, Leslie Swan; Absentee Ballot Coordinator, Marge Diehl, IT Manager, Gary Gordon and other SOE staff members to assist with Absentee Ballot Opening and Count City of Vero Beach Canvassing Board Members City of Fellsmere Canvassing Board Members The Chairperson called the Sebastian Canvassing Board meeting to order at 9 am in the SOE warehouse. The October 19, 2011 Sebastian Canvassing Board minutes were approved on motion by Mr. Ginsburg and second by Mr. Minner with a voice vote of 3 -0. The Supervisor of Elections read *instructions for absentee ballot opening and determination of voter intent for ballots provided by SOE staff to the Canvassing Boards. Marge Diehl further explained procedures to be followed and asked the Canvassing Boards to accept or reject ballots based on approved criteria. She said the absentee ballots received as of 11/2/11 would be opened and counted but not tabulated until election day November 8, 2011. (See documents attached as provided by SOE - November 3, 2011 agenda, list of attendees, *Pre - Election Absentee Canvassing Procedures, Accepted Absentee Ballot Criteria, and Absentee Ballot Balance Sheet thru 11/2/11 indicating 1045 absentee ballot requests and 499 absentee ballots received for Sebastian [M -2]). The Sebastian Canvassing Board was advised that the Supervisor of Elections office had received 499 absentee ballots for Sebastian thus far. The Canvassing Board rejected only one ballot due to lack of voter signature. One absentee ballot received was wet and had to be duplicated for the count. The Sebastian Canvassing Board assisted with opening ballots for the City of Vero Beach, and the other City Canvassing Boards likewise assisted with opening ballots for Sebastian. When all ballots were opened, at 10 am all Canvassing Boards moved to the tabulating room for the ballot count. The SOE staff started off with a zero count on the tabulating machine and all members initialed that zero count. During the count, the Sebastian Canvassing Board made determinations of voter intent on several ballots which were rejected by the tabulating machine because over vote was detected. All of those ballots were accepted and highlighted for duplication, because the voter's intent was clear to all three members, and the duplicated ballots were counted. Leslie Swan, SOE, explained during the count that under new election laws, absentee ballot and early vote results must be released within thirty minutes of the close of the polls on election day, and results must be updated every 45 minutes until complete. She said runners will bring the voter cartridges from the polling places to make the count more timely and verification teams will compare the cartridge numbers with the numbers in the transfer cases provided by poll workers. Leslie Swan, SOE, broke the seal from the transfer box containing documents from the October 19, 2011 meeting, to insert the new certification of the Pre - Election Absentee Canvass signed by the Sebastian Canvassing Board and the case was sealed again with seal #001 1871. The Canvassing Board will meet again on November 8, 2011 to canvass all remaining absentee ballots with tabulation of absentee ballots, early votes and all final election results to begin at 7 pm. They will meet again on November 10, 2011 at 5 pm to canvass provisional ballots and certify the election and randomly select races /precincts for the Post Election Manual Audit which will take place on Tuesday, November 15, 2011 at 9 am and will be made public no later than November 30, 2011. The Canvassing Board Meeting adjourned at 10:40 am and will reconvene on November 8, 2011. City Sebastian Canvassing Board o, MMC Sally A. City Clef Chairperson Robert A. Ginsburg C y At • ney ^� in er C. y Manager 2 Leslie R. Swan Supervisor of Elections Indian River County Your Vote Is Your Voice...Speak Up! MUNICIPAL GENERAL ELECTIONS Canvassing Board Agenda November 3, 2011 9:00 a.m. Call to Order Adopt Standards for Voter Intent Explanation of Opening, Duplicating and Canvassing process Opening Absentee Ballots Process Absentee Ballots through 400 -C Review outstacks for voter intent issues and duplicate as necessary Run duplicated outstacks through 400 -C Final processing of totals from 400 -C for reconciliation Report of Absentee Ballots Received Report of Absentee Ballots Accepted vs. Absentee Ballots Counted Final Signatures on Pre - Election Canvassing Seal Transfer Box Recess until 5:00 p.m. Tuesday, November 8, 2011 4375 43''1 Avenue, Vero Beach. FL 32967 (772) 226 -3440 FAX (772) 770 -5367 www.voteindianriver.corn November 8, 2011 MUNICIPAL GENERAL ELECTION Absentee Opening and Sorting of Absentee Ballots — 9:00 a.m. in warehouse (November 3rd, 2011) Supervisor of Elections: Leslie Swan Canvassing Board Members City of Vero Beach: Tammy Vock, James O'Conner & Wayne Coment Canvassing Board Members City of Sebastian: Sally Maio, Robert Ginsburg & Al Minner Canvassing Board Members City of Fellsmere: Debbie Krages, Joel Tyson & Jason Nunemaker Absentee Coordinator: Marge Diehl Opening Machine Operator: Gary Gordon Opening & Sorting of Vero Beach Absentee Ballots: Jean Matthews, Tricia Verdugo, Leslie Swan, Marge Diehl, Anne Kroh, Sally Maio, Robert Ginsburg, Al Minner, Debbie Krages, Joel Tyson & Jason Nunemaker Opening & Sorting of Sebastian Absentee Ballots: Jean Matthews, Tricia Verdugo, Leslie Swan, Marge Diehl, Anne Kroh, Tammy Vock, James O'Conner & Wayne Convent Opening & Sorting of Fellsmere Absentee Ballots: Jean Matthews, Tricia Verdugo, Leslie Swan, Marge Diehl, Anne Kroh, Tammy Vock, James O'Conner & Wayne Coment Duplicating Team: Tricia Verdugo & Anne Kroh Tabulation Room Canvassing Board: * ** *One Canvassing Board Member for Each City * * ** Absentee (400C): Gary Gordon Leslie R. Swan Supervisor of Elections Indian River County Your Vote Is Your Voice...Speak Up! PRE - ELECTION ABSENTEE CANVASSING PROCEDURES 1. Call meeting to order, review procedures, announce use of previously adopted voter intent rules, absentee counting guidelines and public notice of meeting, announce any challenges received and if anyone came for public review of certificates. 2. The opening team will remove the secrecy sleeve containing the ballot from each certificate envelope. The team will look and feel to make sure there is only one ballot in each envelope. Two separate stacks will be made by the team: one stack containing the certificate envelopes and one stack of secrecy sleeves containing the ballot. 3. The Absentee Coordinator /Assistant will remove the stacks of certificate envelopes from each team and place them on a wire cart for storage. The Absentee Coordinator /Assistant will remove the secrecy sleeves containing the ballots and stack them on the table (near letter opener). 4. With the opening /sorting team work surfaces clear of all ballot materials, the Absentee Coordinator /Assistant will deliver the stacks of ballots in their secrecy sleeves to the sorting team who will then separate the ballots /secrecy sleeves. The team will check for more than one ballot in a sleeve. Two separate stacks will be made by the team: one stack of ballots and one stack of secrecy sleeves. 5. The Absentee Coordinator /Assistant will collect all of the empty secrecy sleeves and place them on a wire cart. The Absentee Coordinator /Assistant will collect all of the ballots and place them on a separate wire cart which will be delivered to the tabulating room. 6. While the opening /sorting procedures are taking place, the Canvassing Board will rule on the ballots with certificate problems which the Absentee Coordinator has separated from all other ballots as they arrive in the SOE office by mail each day. The Coordinator will place a tray marked "Canvassing Board Determination." CB will stamp REJECTED on all rejected ballots and this information will be recorded into the record. The Canvassing Board will sort into bins: ACCEPTED or REJECTED ballots. Accepted ballots /certificates will be picked up by the Absentee Ballot Coordinator and delivered to the opening /sorting team. 7. When the Canvassing Board has completed the opening /sort procedures, they will move to the tabulation room. The IT Manager will conduct the zero proof process on the tabulation equipment and provide a report to the Canvassing Board which will be reviewed and signed. The ballots delivered to the tabulating room will be processed through the 400C high -speed counter, but the results will not be sent to the tabulation system. All overvoted ballots and blank ballots will be sent to the outstack tray. Election staff will place these ballots into the "CB Determination Outstack" tray. All write -in ballots outstacked into the bottom tray of the 400C will be stored in a write -in box for the Canvassing Board to review at a later time. 4375 43rd Avenue, Vero Beach, FL 32967 (772) 226 -3440 FAX (772) 770 -5367 www.voteindianriver.com Page Two (2) Pre - Election Absentee Canvassing Procedures 8. The Canvassing Board will review all outstacked ballots (defective, overvoted, & black ballots) to determine voter intent. If any of the ballots show the voter's intent is clear but the ballot was not marked correctly to be counted by the 400C, a duplicate ballot will be prepared. The Canvassing Board will make determinations on voter intent and mark their ruling on the face of the ballot. Once the Canvassing Board makes their determination, the ballot will be placed in the "To Be Duplicated" tray. All ballots that do not need to be duplicated will be placed in the "Ready To Count" tray. 9. Election staff will deliver the ballots to be duplicated to the duplicating teams (ex: A and B) by placing them in the "To Be Duplicated" tray in front of the duplicating teams. Election staff will provide the team a blank ballot from the correct ballot style to be duplicated. 10. The duplicating teams will number each ballot to be duplicated (A -1, A -2, A -3, etc. and B -1, B -2, B -3, etc.) and then duplicate each ballot, as indicated by the Canvassing Board, with the corresponding number. Each original ballot will be marked VOID and placed in the manila envelope provided and the duplicated ballot will be placed in a bin marked — READY TO COUNT. Election staff will pick those ballots up and deliver to the operators of the 400C high speed counter. Duplicated ballots will be processed through the 400C all at one time and stored together. The duplicated ballots are stored together in the event the SOE office has to conduct a recount. This procedure allows duplicated ballots to be identified immediately without having to manually search for the duplicated ballots. The duplicated "Ready to Count" ballots and those outstacked that did not need to be duplicated in the "Ready to Count" tray will be tabulated at the same time with the switch turned off to allow these ballots to be counted. 11. The IT Manager will provide the number of ballots tabulated through the 400C and the Absentee Ballot Coordinator will provide the number of accepted Absentee Ballots. These totals will be reported to the Canvassing Board and made a part of the CB record. The Coordinator will also report the total number of requests for absentees so the Canvassing Board can compare the number of ballots received by the number of ballots requested. 12. The transfer case will be removed from the vault by the Supervisor of Elections and the back -up thumb drive (containing the copy of the totals from the 400C) will be stored in the sealed transfer case. The Canvassing Board will sign the transfer case document and seal the transfer case. Upon completion of Absentee Ballot opening procedures, ballots will be stored in the fire proof vault. The vault is locked with access only by pass card and key. ai vi 0 Q N cc 1 Q (fl • F- m 0 (' J Z m N W (t) W > 1"' Z Q Vf U CO J Q a_ °C U Ou Z Q 2 w H ec U Case by Case Case by Case Reject X If there is no offset X If only one signature on absentee Certificate X X X x X X Reject X Accept X If there is an offset X If two signatures on absentee certificate Accept X Absentee Ballots Husband and wife sign each other's absentee ballot certificates More than one absentee ballot enclosed in envelope No voter signature on absentee ballot certificate Voter signature does not match signature on file with S.O.E. Absentee ballot certificate signed by power of attorney Voter removed from voter rolls prior to receiving voted absentee ballot Late return of absentee ballot Voted early or voted at polling site First time voters who registered by mail — Special Absentees Voter provides proper I.D. or indicates exemption Voter Does not provide proper I.D. or indicate an exemption by 7 p.m. m m 0 0 ci Leslie R. Swan Indian River County, FL O N N Z O H V w -J w V 0 N 00 0 c w O T d W N O O C T •d 7 Q, L r v Absentee Ballot Balance Sheet C CL N O N N h A y 0 0 0 0 ON O O� E U cC 4) Q!i U 0 Q Advanced Ballots Ballots Mailed M 00 O 0 0 0 0 0 0 0 0 0 0 0 00 ., o ON M V•ct 00 CT 01 . M R O■ O Q\ N ^y rl N Grand Total Indian River County, FL T 0 !NA v/ Z 0 0 1- W - J W V • Advance Ballots 0 ono •� .� N 0 VI 0 0 0 O ° N N O O O O 0o0 O N O � �0 0 0 U a> c.) AI � O E N Q.i 0 0 0 0 0 0 O T ar:4 124 a go o LH b b % N b Q Q -- Q 0 -o 0 cri 04 •G O g o c � c 'd — M O 0 y Q 3 0 a� 4 to : WI' o1 b•E... o ., ON 00 00 a 4, N 0 O U O O 0 E. N 0 a • .4 1, o N t- ea V WI 0 t) 0 Z I) O Y ▪ N 4- 0 O 0 4. w w w 73 73 73 O O O E-I F E-+ Grand Total • cs C a) 2 3 O c0 0 1S -2.027 Standards for DeterminingVoter's Choice on a Ballot. (1) Application. The standards in this rule apply to determine whether the voter has clearly indicated a definite choice for purposes of counting a vote cast on a ballot in a manual recount as provided specifically by Section 102.166, F.S. (2) Direct recording electronic voting system. (a) A vote cast on this voting system is valid for a particular. candidate, issue choice, or judicial retention choice when the voter marks the ballot electronically as specified in the ballot instructions. (b) A vote cast on this voting system is valid for a particular write -in candidate when the voter types on the touch screen the name of a write -in candidate in accordance with the ballot instructions. (3) Optical scan voting system. (a) A vote cast on this voting system is valid for a particular candidate, issue choice, or judicial retention choice when the voter marks the ballot as specified in the ballot instructions. (b) A vote cast on this voting system is valid for a particular write -in candidate when the voter writes in the name of a candidate in the designated write -in space and fills in the oval or arrow next to the write -in candidate's name. (4) Manual review and tabulation. (a) The standards under this subsection apply in all instances where a contest is not marked as specified in the ballot instructions under subsection (2) or (3) and a manual review of the voter's markings on a ballot is required to determine whether there is a clear indication that the voter has made a definite choice in a contest. (b) The canvassing board must first look at the entire ballot for consistency. Then the provisions of paragraph (c) apply to determine whether the voter has made a definite choice in a contest, provided the voter has not marked any other contest on the ballot, or if the voter has marked other contests, he or she has marked them in the same manner, subject to the exceptions in subparagraphs 7., 10., and 15. The following are examples of valid votes after review for consistency: For Attorney General (Vote for one) C.) Lucille Ball all Jack Benny Q Desi Arnaz CD Lenny Bruce For Commissioner of Agriculture (Vote for one) Jack Ritter CD Audra Lindley • Francis Bavier Jack Dodson For State Representative (Vote for one) on Nichols CD Michael Ross O Bernie West CD Norman Fell Ballot Situation 1: Recount in race of State Representative. The two ovals in the first two races are filled in properly, but the voter has circled the candidate's name in the state representative race. Since the voter did not mark the state representative race in the same manner as in the other races, it cannot be determined whether the voter has clearly indicated a definite choice for Don Nichols. 1 For Attorney General (Vote for one Lucille Ball Jack Benny Desi Arnaz Lenny Bruce For Commissioner of Agriculture (Vote for one) Jack Ritter Audra Lindley Francis Bavier Jack Dodson For State Representative (Vote for one) Don Nichols Michael Ross Bernie West Norman Fell IMM 1 Ballot Situation 2: Recount in race of State Representative. All races on this ballot are marked in the same manner. Since the ballot is consistently marked as in paragraph (c), the vote cast for Michael Ross in the state representative race is a valid vote. 2 For Attorney General (Vote for one) Lucille Bal♦ Jack Benny Desi Arnaz Lenny Bruce 1 NIB NMI For Commissioner of Agriculture (Vote for one) Jack Ritter Audra Lindley Francis Bavier Jack Dodson For State Representative (Vote for one) Don Nichols Michael Ross Bernie West Norman Fell EMI Ballot Situation 3: Recount in State Representative race. Each race is marked differently so that no consistency in marking exists. It cannot be determined which marking, if any, is clearly indicative of the voter 's choice. Therefore, the vote cast for Bernie West is not valid 3 (c) Subject to the provisions of paragraph (b), the following marks constitute a valid vote as indicated for a particular candidate, issue choice, or judicial retention choice: 1. The voter circles or underlines either the oval or arrow next to a candidate's name, issue choice, or judicial retention choice. Valid Vote for Ball Valid Vote for Ball For Attorney General (Vote for one) Lucille Ball CD Jack Benny CD Desi Arnaz Q Lenny Bruce Valid Vote for Ball For Attorney General (Vote for one) Cr7") Lucille Ball CD Jack Benny CD Desi Arnaz Q Lenny Bruce For Attorney General (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce Valid Vote for Ball For Attorney General (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce NMI 2. The voter circles or underlines the name of a candidate, issue choice, or judicial retention choice. Valid Vote for Arnaz For Attorney General (Vote for one) CD Lucille Ball cD Jack Benny Q Desi Arnaz CD Lenny Bruce Valid Vote for Arnaz For Attorney General (Vote for one) Lucille Ball Jack Benny (esi Arnaz Lenny Bruce im 4 3. The voter circles or underlines the party abbreviation associated with a candidate's name. Valid Vote for Benny For Attorney General (Vote for one) Q Lucille Ball DEM Jack Benny R n Desi Arnaz GRN Lenny Bruce LBT Valid Vote for Benny For Attorney General (Vote for one) Lucille Ball DEM Jack Benny Desi Arnaz GRN Lenny Bruce LIB 4. The voter marks an "X," a check mark, a cross, a plus sign, an asterisk or a star, any portion of which is contained in a single oval or within the blank space between the head and tail of a single arrow. The marking must not enter into another oval or the space between the head and tail of another arrow. Valid Vote for Ball For Attorney General (Vote for one) Cr Lucille Ball Jack Benny Desi Arnaz CD Lenny Bruce Invalid Vote For Attorney General (Vote for one) Lucille Ball Jack Benny Desi Arnaz 0 Lenny Bruce Valid Vote for Ball For Attorney General (Vote for one) Lucille Ball AuX Jack Benny Desi Arnaz Lenny Bruce Invalid Vote For Attorney General (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce 5 5. The voter draws _a diagonal, horizontal, or vertical line, any portion of which intersects two points on the oval and which does not intersect another oval at any two points. If it is a horizontal line, the line must not strike through the name of the candidate. Valid Vote for Ball For Attorney General (Vote for one) Lucille Ball 0 Jack Benny Desi Arnaz CD Lenny Bruce Invalid Vote For Attorney General (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce Valid Vote for Ball For Attorney General (Vote for one) - -0 -- Lucille Ball CD Jack Benny Desi Arnaz c Lenny Bruce Invalid Vote For Attorney General (Vote for one) cD Jack Benny Desi Arnaz cp. Lenny Bruce 6. The voter draws a diagonal or vertical line that intersects an imaginary line extending from the center of the head of a single arrow to the center of the tail of the same arrow, provided the diagonal or vertical line does not intersect the imaginary line joining the head and tail of another arrow. Valid Vote for Ball For Treasurer (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce Invalid Vote For Treasurer (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce 6 7. The voter marks all the choices for a race but further clarifies a choice for a particular candidate, issue choice or judicial retention choice by placing an additional mark or marks showing support solely for that particular candidate, issue or judicial retention choice. Valid Vote for Arnaz For Commissioner of Education (Vote for one) E. Lucille Ball • Jack Benny Desi Arnaz • Lenny Bruce Valid Vote for Ball For Commissioner of Education (Vote for one) ■ Lucille Ball Jack Benny Desi Arnaz Lenny Bruce Valid Vote to Keep Justice in Office Judicial Retention State Supreme Court (Vote yes or no) Shall Justice Tom Poston be retained as Chief Justice of the State Supreme Court 8. The voter strikes through all the choices for candidates, issue, or judicial retention except for one and also leaves the write -in candidate space blank. Valid Vote for Bruce For Commissioner of Agriculture (Vote for one) Tl•ci A rna7 Q Lenny Bruce Write -In 7 9. The voter writes words such as "Vote for [candidate's name]," "Count this vote" or "Vote no on amendment or referendum," or "I want this one ", provided there are no other markings in the race that would constitute a valid vote for a different candidate, issue choice, or judicial retention choice pursuant to rule. Valid Vote for Arnaz For State Senator (Vote for one) Q Lucille Ball (7 Jack Benny Q Desi ArnaziO c Lenny Bruce Invalid Vote For State Senator (Vote for one) 1 — Lucille Ball Jack Benny (esi Arnaz Lenny Bruce Valid "No" vote Proposed Constitutional Amendment No. 1 Article , section (Popular Name) An amendment to limit the increase in the assessed value of a taxpayer's real property after a countywide reappraisal and to require a property tax credit. Q YES 1 VQt6 nOProposed Constitutional Amendment No. 1 Q NO Proposed Constitutional Amendment No. 1 8 10. The voter fills in the majority of an oval, or the majority of the distance between the head and the tail of an arrow designating a particular candidate, issue choice, or judicial retention choice regardless of how other races on the ballot are marked. Valid Vote for Arnaz For School Board Member (Vote for one) Q Lucille Ball C-7 Jack Benny CO Desi Arnaz Q Lenny Bruce Valid Vote for Arnaz For School Board Member (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce 11. If a voter marks fewer candidates than there are positions to be elected for those offices, then the votes for all of those marked candidates shall count. For example, if the voter is allowed to vote for 5 candidates in a special district election ( "Vote for 5 ") and the voter marks 2 candidates, the votes for those two marked candidates shall count. Valid Votes for Arnaz and Bruce For County Commissioner (Vote for three) Q Lucille Ball C) Jack Benny Desi Arnaz all Lenny Bruce Valid Vote for Benny For School Board Member (Vote for two) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce 12. The voter draws an arrow from the arrow head to a particular candidate, issue choice or judicial retention choice or draws an arrow head on the tail end of the arrow in lieu of filling in the void between the arrow head and the tail for the particular candidate, issue choice or judicial retention choice. Valid Vote for Arnaz For U.S. Senator (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce Valid Vote for Bruce For U.S. Senator (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce 1 1 9 13. The voter darkens or bolds the arrow head and the arrow tail but does not fill in the void between the arrow head and the tail. Valid Vote for Ball For Attorney General (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce 4r 14. The voter punches the oval or the void between the arrow head and tail. Valid Vote for Ball For Attorney General (Vote for one) CD Lucille Ball 0 Jack Benny 0 Desi Arnaz Lenny Bruce Valid Vote for Benny For Attorney General (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce 15. The voter marks two or more choices similarly in one of the ways indicated in paragraphs 1.- 14. and additionally writes in comments such as "not this," "ignore this," "don't want," or "wrong," or "Vote for [candidate's name]" such that voter's definite choice is clearly indicated. Valid Vote for Ball Valid Vote for Arnaz For Clerk of Court (Vote for one) Lucille Ball Jack Benn Desi Arnaz10.1 Lenny MOM MIN IIIIM 10 (5) Write -in Voting. (a) A voter is determined to have made a definite choice for a write -in vote for the joint office of PresidentNice- President if the voter writes in either the last name of the candidate for President or the last name of the candidate for Vice - President. This standard similarly applies to constitute a valid write -in vote for the joint office of Governor/Lieutenant Governor if the voter writes in either the last name of the candidate for Governor or the last name of the candidate for Lieutenant Governor. Valid Vote for Joint Qualified Write -in President and Vice President Candidates, Lenny Bruce and Sally Marr For PresidentNice President (Vote for one) Lucille Ball Buster Keaton c Jack Benny Don Wilson Desi Arnaz Xavier Cugat O Lenny Bruce Sally Marr Marr Write -in (b) A voter is determined to have made a definite choice for a named candidate if the voter indicates a vote for a candidate named on the ballot and also writes -in the name of that same candidate in the blank space for `write -in candidate'. Valid Vote for Benny For Attorney General (Vote for one) Q Lucille Ball alp Jack Benny CD Desi Arnaz Q Lenny Bruce ▪ Benny Write -In 11 (c) A voter is determined to have made a definite choice for a particular candidate if the voter either writes in the name of a qualified write -in candidate or the name of a candidate who is named on the ballot in that race. Valid Vote for Smith, if Smith is a qualified write -in candidate For Public Defender (Vote for one) Q Lucille Ball CD Jack Benny • Desi Arnaz Q Lenny Bruce O Swath/ Write -In Valid Vote for Bruce For Public Defender (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce 'Bruce: Write -In ROI (d) If a voter abbreviates, misspells or varies the form of the name of a candidate in the write -in candidate space, it shall not affect the determination of whether the voter has made a definite choice. (e) If a voter indicates a vote for a candidate named on the ballot and also writes in a name of a different person in the write -in candidate space, it shall be considered an overvote and none of the votes are valid for that race. Invalid Vote For Sheriff (Vote for one) Lucille Ball O Jack Benny Desi Arnaz • Lenny Bruce GOOFY Write -In Invalid Vote For Sheriff (Vote for one) Lucille Ball Jack Benny Desi Arnaz 4" ow Lenny Bruce 4 Nim Chester Write -In 12 (6) Overvotes. Except as otherwise provided in subsections (4) and (5), if the voter marks more choices than there are positions or choices for that office or issue, it shall be considered an overvote and none of the votes are valid for that race. Invalid Vote For U.S. Representative (Vote for one) Q Lucille Ball Jack Benny • Desi Arnaz Lenny Bruce Invalid Vote For U.S. Representative (Vote for one) Lucille Ball Jack Benny Desi Arnaz Lenny Bruce MIN 7) Valid Vote. (a) A vote shall not count for any particular candidate, issue choice, or judicial retention choice at issue unless determined to be a valid vote pursuant to this rule. (b)If a voter does not mark a candidate, judicial retention choice, or issue choice in a contest, the valid votes for other candidates or issues on the same ballot shall still be counted. Specific Authority 20.10(3), 97.021, 102.166(4) FS. Law Implemented 101.5614(5) 102.166(4); FS. History —New 6 -6- 02, 10 -6 -08. 13