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HomeMy WebLinkAboutDocumentation_Regular_Tab 02_9/9/2021Agenda Item #2. Regular Council STAFF MEMO Meeting: Regular Council - Sep 09 2021 Staff Contact: Lori McWilliams, Village Clerk Department: Village Clerk a Presentation by Supervisor of Elections Wendy Link Regarding Canvassing Board and Run-off Elections This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. Letter from SOE Regarding Qualifying Canvassing Runoffs SOE Qualifying Dates Canvassing Board Runoff Polling Locations REVISED.ada Page 10 of 249 Agenda 000y Sartory Link Palm Bauch county supzl 5uf of t)ect� as To request an ADA wo lokst i19m all compliant copy, contact the Village Clerk Dear Municipal Clerks, Commissions, and Councils, Congratulations to those of you who participated in a successful 2021 election cycle! The recent March Elections demonstrated the municipalities' commitment to democracy and to the voters of Palm Beach County. We were honored to work with you. The Palm Beach County Supervisor of Elections office (SOE) is committed to facilitating secure, transparent, and accurate elections. To that end, due to updates in Florida Law in recent years, we have determined that certain changes in municipal charters and ordinances are necessary to ensure the efficient and cost-effective administration of future elections. Qualifying Dates To accommodate statutory vote -by -mail requirements, the SOE strongly recommends that each municipality who has not already done so amend its qualifying period so that its qualifying period ends on or before the 95`h day before Election Day. For example, qualifying for the March 8, 2022 election would end no later than Friday, December 3, 2021, allowing the SOE staff to program the necessary elections, create and proofread the ballot language, submit ballot templates to participating municipalities for approval, print vote -by -mail ballots, and prepare those ballots for mailing. We mail the military and overseas ballots 45 days before the election. Failure to amend the qualifying period may result in the inability of the SOE to accommodate the elections of those municipalities. Our system does not allow us to "close" or move forward one city at a time, so any delay by one municipality results in our inability to move forward with the others. Runoff Elections While many municipalities no longer hold runoff elections, several still maintain provisions requiring a majority vote to win an election. Many municipalities have mentioned to us that the runoff elections are detrimental to their budgets because often the municipality has not budgeted for that expense. With so few holding runoff elections, the municipality does not benefit from the same degree of cost sharing as a Uniform Municipal Election that is held simultaneously with other municipalities. The county does not fund the municipal elections. Please understand that we are happy to hold runoff elections, but are cognizant of the cost burden it places on municipalities. If you determine that you no longer wish to have runoff elections, please revise your charters or ordinances accordingly. 240 South Military Trait. West Palm Beach. 'P .3341511 Post office Box 22309, West Palm Beach, F1. 33416 T�l�nhrmme: 5b1,i5�ffi 82'0ID .I fax �t�:: �31..�Ya.�ffi� Page 11 of 249 Agenda I - we e I Polling Locations -0 Y 861n, 0 TY L0fk sac% USA -IV SUP010SO-1 of fln1lons ecl!r�rr _O,Rq It has come to our attention that some charters include provisions requiring specific polling locations or specifying that polling locations be within city or town limits. While this may not present an issue for stand- alone elections, when municipalities wish to participate in uniform or countywide elections, this becomes logistically problematic and expensive, if not impossible. The SCE urges municipalities to remove any provisions to this effect, as it will be impossible to guarantee specific polling locations in future elections if the municipality is joining a countywide election. Single Canvassing Board for Uniform Municipal Elections The final question presented for consideration by the municipalities is the designation of the Palm Beach County Supervisor of Elections as the official Supervisor of each Uniform Municipal Election, such that one single Canvassing Board may be empowered to canvass all of the municipal elections held simultaneously on a given day. The municipal clerks would still be qualifying officers for their municipality's candidates. This is an optional service, and each municipality can make its own determination as to whether they want to designate the Palm Beach County Supervisor of Elections as the official Supervisor of their election. As required under the Florida election laws, at least one (1) member of the Canvassing Board is required to be present during activities such as the pre -election testing of tabulation equipment (the Logic and Accuracy test), opening, tabulation, duplication, and t e canvassing of ballots. A municipality may choose to maintain its own Canvassing Board; however, if they choose to do so, the Supervisor of Elections may elect not to serve as a Canvassing Board member for that municipality. In some municipalities, an election may be required in order to make these changes. The Secretary of State has called for a Special Primary Election on November 2, 2021, for the U.S. House of Representatives District 20 seat. While this district may not include a municipality that would be required to have an election, we will be happy to accommodate a municipality that wishes to do so. (If the municipality is within Congressional District 20, it would also result in a cost savings to that municipality.) Please let the Supervisor of Elections know by July 15, 2021, whether your municipality plans to participate in the November 2, 2021 election. We will not be able to hold an election outside of this date. ?Q South Wtaq Trak West P oWn 8wh, FL 314151' fast Offir a Sm 22W Wass Patera Beaich. R 33414 Tetelahame: 56N 656.6200 I Fax Mu tuber: 41+.656.6287 Page 12 of 249 Agenda 'E'�1 y 86�'Dlry, /NV B'1 an contV 30001VISof of 11001ons lluI ll s. gig Again, congratulations on a successful election season. The Palm Beach County Supervisor of Elections looks forward to many future elections in partnership with our local governments. Sincerely, Wendy Sartory Link Supervisor of Elections Palm Beach County 240 South Military Trail, West Pabn Beach, FL 33415.1 Post Office Bex 22309, West Palm Beach, FL 33416 WeOn amv 5$1.. _6 IFa3INurrber-561-S5&6n7 Page 13 of 249 Agenda Item #2. Village of Tequesta 345 Tequesta Drive Teauesta, FL 33469 Village Clerk's Office Memorandum TO: Jeremy Allen, Village Manager and Keith Davis, Esq. FROM: Lori McWilliams, Village Clerk DATE: 8/27/21 SUBJECT: Election Changes 561-768-0700 www.tequesta.org Municipal Clerks received the attached letter from Supervisor of Elections (SOE), Wendy Link, in June 2021. Due to the significance of the requests made, I have asked Palm Beach County Election Supervisor, Wendy Link, to address the Council regarding her requests. +UIic Communication Canvassing Due to insurance and issues holding the SOE personally liable (up to Board $25,000 per instance) if there are issues with municipal canvassing boards, the SOE has decided to no longer serve on our canvassing board. Our Charter requires "The Village Clerk... along with the Palm Beach County Supervisor of Elections, or designee, shall canvass and certify any municipal elections..." At least one member of the Canvassing Board is required by law to be present at the SOE warehouse anytime they are opening, duplicating, tabulating or reviewing ballots (the SOE has served in this capacity for over 15+ years). In some instances, a quorum of the Canvassing Board (two members) is required by law to be present. In the past, the SOE has served on our canvassing board; therefore, she was present anytime only one member of the board was required. Vice -Mayor Kyle Stone Mayor Frank D'Ambra, III Council Member Laurie Brandon Council Member Bruce Prince Council Member Molly Young Village Manager Jeremy Allen Page 14 of 249 Agenda Item #2. Communication Option 1 As a work around to this issue, the SOE is offering to provide a single uniform canvassing board for all municipalities to canvass those cities who opt into this option, which, according to Ms. Link, would quicken the canvassing process. Additionally, they would handle the required notices and audits (outside of what is required via charter). The municipal clerk would remain the election -qualifying officer, qualifying the candidates, receiving the treasurer reports, and all other election duties outside of canvassing. Ms. Link advises there would be no additional costs to the cities who elect to do the single canvassing board. Future participation can be changed via Ordinance, if desired. Option 2 Leave the Village Clerk and a council member on the canvassing board, appoint another canvassing board member (for 3 members), and ALL canvassing, audits and certification efforts would be handled by the Village. Underthis option, the Village Clerk would be required attend all canvassing efforts at the election warehouse when only one canvassing board member was required. This would require the Clerk to report to the warehouse for 5-10 days prior to the election from 8:00 am — 5:00 pm (for the opening, duplicating, tabulating and reviewing ballots). When two or more canvassing members are required, the board would meet at the warehouse to canvass. Recommendation My recommendation is to pass legislation for Option 1. Should Council wish to return to the Village serving as the canvassing board, a change can be made via Ordinance. Runoff Electir— The March municipal election cost is shared by all the PBC cities holding elections in March of each year. However, in the event of a runoff election, the cost is funded solely by the cities holding a runoff. Our Charter Section 2.01 reads, "In the event of a tie vote between the candidates receiving the highest number of votes cast for any office, the names of all tied candidates shall be placed on the ballot and shall be voted upon at an ensuing runoff election to be held on the fourth (4th) Tuesday in March. Such election shall be held in the same manner and by the some election officials holding the previous election." Page 15 of 249 Agenda Item #2. Communication While there has not been a runoff election in the 14+ years I have been the Village Clerk, there is always that possibility (as it almost happened in this past election) and the cost of the runoff could run upwards of $50,000+ (unbudgeted). Per the SOE, the majority of cities do not do hold runoff elections any longer. Qualifying Dates This request has been fulfilled via recently passed legislation — Ordinance 12-21. • Beginning at Noon on the first Tuesday of November through the third Tuesday of November. This removes the Thanksgiving holiday from the equation. Polling Locations Our Charter does not stipulate specific polling locations. Ms. Link will be happy to answer any and all questions you have following her presentation to Council. Page 16 of 249 Agenda Item #2. Page 17 of 249