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HomeMy WebLinkAboutDocumentation_Regular_Tab 17_10/14/2021Agenda Item #17. Regular Council STAFF MEMO Meeting: Regular Council - Oct 14 2021 Staff Contact: Lori McWilliams, Village Clerk Department: Village Clerk ORDINANCE NO. 14-21, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION, ARTICLE V. ELECTIONS, SECTIONS 2-232, TO REVISE THE COMPOSITION OF THE VILLAGE'S CANVASSING BOARD, AT THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS; FURTHER AMENDING THIS ARTICLE TO DELETE OBSOLETE TEXT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 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. Ord 14-21 Village Code for Canvassing Board 2021 Amended by Legal Letter from SOE Regarding Qualifying Canvassing Runoffs SOE Qualifying Dates Canvassing Board Runoff Polling Locations REVISED.ada Page 189 of 293 Agenda Item #17. ORDINANCE NO. 14-21 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 2. ADMINISTRATION, ARTICLE V. ELECTIONS, SECTIONS 2- 2323 TO REVISE THE COMPOSITION OF THE VILLAGE'S CANVASSING BOARD, AT THE REQUEST OF THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS; FURTHER AMENDING THIS ARTICLE TO DELETE OBSOLETE TEXT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 2. ADMINISTRATION SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. W H E R EAS, Chapter 2, Article V, Section 2-232 of the Village Code of Ordinances sets the composition of the Village's Canvassing Board as the Village Clerk, one Village Councilmember who is either unopposed or not running for office in the election, and the SOE; and WHEREAS, the Village Council, based upon a request from the SOE and the recommendation of the Village Clerk, desires to revise the composition of the Village's canvassing board as a uniform canvassing board established by Palm Beach County containing the SOE, one circuit court judge, and the Mayor or designee of Palm Beach County; and WHEREAS, The Palm Beach County Supervisor of Elections shall conduct the election, certify the accuracy of the tabulation equipment, and handle, canvass and certify all ballots, including absentee ballots; and designate the Village's Canvassing Board, and WHEREAS, the Village Council believes this amendment to its Code of Ordinances is in the best interests of the citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: The foregoing facts and recitations contained in the preamble to this Ordinance are true and accurate and are hereby adopted and incorporated by reference as if fully set forth herein. Section 2: Chapter 2. Administration. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article V. Elections. Division 1. Generally. at Sections 2-232 to revise the canvassing board composition to at the request of the Palm Beach County Supervisor Page 190 of 293 Agenda Item #17. of Elections; providing that Chapter 2, Article V, Division 1, Sections 2-232 shall hereafter read as follows: ARTICLE V. - ELECTIONS o DIVISION 1. - GENERALLY o Sec. 2-232. - Canvass and certification of elections. o The Village Council delegates all canvassing duties, as defined by Florida Statute and the Florida Administrative Code, to the County Canvassing Board appointed by the Palm Beach County Commission and the Chief Judge of the Fifteenth Judicial Circuit and will be comprised of the Supervisor of Elections; a county court judge, who shall act as chair; and the chair of the board of county commissioners, or their respective alternates or substitutes. - - - . . . . - . . - - - - . - -- _ - - . _ - 10 -r _ I - _ - . _ - - . .I I T.W _ -- -- - OT F a. - - • - • - • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .. �.. .. _ - .- _.- -- - - -- . .. _ - - - - - . _ P.M..- . _ ..- -- -- - - ..-...- .. - -- - - - -- - - - - - - - - - - -- - - -- ..... _. Mi id mT-'W-'l - ill id - - Jill. AT-1 I -- - WabI. -. ._ - ..-.._._ -- - - - ..-in-all ._ - - --- - - .- _._ _. .. Section 3: Each and every other section and subsection of Chapter 2. Administration. shall remain in full force and effect as previously adopted. Section 4: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall take effect immediately upon adoption. Page 191 of 293 Agenda I'WOn Y a 1111ni 0 J r Pal 8-HO CHO 8-111FRIVINT al Hed"10AS To request an ADA 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 95t" day before Election Day. i 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 ballots45 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 toy 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. 24D Smith MfUtary'Trait.West 'Palm Beach FL 33415 tl Post Office Box 22309, West Nn Beach, FL41.b WA Page 192 of 293 Agenda I-!�� f' ti i, Iff Palm NO haly at URVIa na Polling Locations 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 SOE 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 I 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 le present during activities such as the pre -election testing of tabulation equipment (the Logic and Accuracy test), opening, tabulation, duplication, and the canvassin r 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 I 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. 2Q S4u We,_M Flalml&-a4ch.. FL 314-15 I'Post Mice Sm. 22M.Wesl Pat m. Be,&OiR FL 3341.6 T etephane: 5611.656.62001 Fax Mwrnben- 50.654.6287 Page 193 of 293 Agenda It Palm Re-achubay SUPON189'T Of floc-flon's i S�jSy� Again, congratulations on a successful election season. The Palm Beach Count Supervisor of Elections to y � looks forward to many future elections in partnership with our local governments. Sincerely, Wendy Sartory Link Supervisor of Elections Palm Beach County 240 South —Mbta y Trail,'west Patin Beach., ft-334151 Ryst Once gcx -22,09, west Patm Beach, FL -3a4l-6 WA Page 194 of 293 Agenda Item #17. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta 4 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. Topic 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 195 of 293 Agenda Item #17. Topic 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 Elections 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 some manner and by the same election officials holding the previous election." Page 196 of 293 Agenda Item #17. Topic 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 Locationr 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 197 of 293 Agenda Item #17. Page 198 of 293