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2001-R-12RESOLUTION NO. 2001-R-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING SECURITY PROCEDURES FOR ABSENTEE BALLOTS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater desires to maintain the highest standards of adherence to pertinent State election laws and to maintain the highest integrity regarding the administration of local municipal elections; and WHEREAS, in 1995 the Legislature applied the election code to municipalities; and WHEREAS, it behooves the City Council of the City of Edgewater to establish security procedures regulating the issuance, maintenance and completion of absentee ballots in municipal elections. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. The City of Edgewater hereby establishes procedures regarding the issuance, maintenance and completion of absentee ballots in municipal elections as set forth in Exhibit "A" which is attached hereto and incorporated by reference. Section 2. If any section, sentence, clause or phrase of the established procedures are held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portion of said procedures. Section 3. A copy of this Resolution shall be forwarded to the Volusia County Supervisor of Elections by the City Clerk. Section 4. All resolutions or parts of resolutions in conflict herewith be and the same are 2001-R-12 hereby repealed. Section 5. This resolution shall take effect immediately upon adoption. After Motion by Cft / a. and Second by —-G'^�".+^ --yL , the vote on this resolution is as follows: AY�E/ NAY Mayor Donald A. Schmidt P Councilman James P. Brown Councilman Dennis A. Vincenzi _ Councilwoman Harriet E. Rhodes X Councilwoman Judy Lichter PASSED AND DULY ADOPTED this / ( day of July, 2001. ATTEST: For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner 2001-R-12 2 CITY COUNCIL OF THE CITY OF EDGEWATTERR,, FLORIDA By �L�S Donald A. Schmidt Mayor RobinRL. Matusickck Legal Assistant Approved by the City Council of the City of Edgewate at a meeting held on this A day of �, 2001 under Agenda o. f EXHIBIT "A" CITY OF EDGEWATER SECURITY PROCEDURES REGARDING ABSENTEE BALLOTS POLICY: ISSUANCE OF ABSENTEE BALLOTS Based upon Section 101.62, Florida Statutes, and the City's intent to maintain the highest standards of adherence to pertinent State election laws and to maintain the highest integrity in the administration of local municipal elections, the following policy shall be adhered to by the City of Edgewater regarding the issuance, maintenance and completion of absentee ballots for municipal elections. The City Clerk, designated as the Chief Elections Officer of the City, shall be responsible for all security procedures relating to the issuance, maintenance and completion of absentee ballots for the City of Edgewater elections. The City Clerk shall be authorized to delegate any or all of the said responsibilities to the Volusia County Supervisor of Elections; whereby, security procedures as set forth by the Supervisor of Elections for Volusia County shall take precedence. In advance of City of Edgewater municipal election dates and in accordance with prescribed election law, the Chief Elections Officer in conjunction with the Volusia County Supervisor of Elections shall correspond with registered voters living outside of Volusia County to provide written notice of a scheduled election in order that the elector may make a request for an absentee ballot. The Chief Elections Officer shall sign for receipt of ballots on the appropriate form supplied by the Volusia County Department of Elections, and the ballots shall be inspected for numerical sequence and completeness. The Chief Elections Officer shall deposit the absentee ballots and all accompanying pertinent materials in a locked cabinet located within the City Hall vault. The Chief Elections Officer shall remove the ballot materials from the locked cabinet for the purpose of issuance, maintenance and completion of ballots, returning the ballots to the security of the locked cabinet upon execution of assigned work involving said ballots. The Chief Elections Officer and her designee will have sole custody of the key to the cabinet. Requests for absentee ballots from registered voters in good standing, within the municipal boundaries of the City of Edgewater, or from a person designated by the elector to make such a request, shall be accepted by the Chief Elections Officer in person, by mail, by telephone or by facsimile machine. All such requests shall be placed on the County and City's Absentee Ballot Request Form attached hereto as Exhibit 1, by the elector, if in person, or by the Chief Elections Officer, if the request is made by telephone, facsimile machine or through written correspondence. All requests made by facsimile machine or through written correspondence shall be appended to an approved City Absentee Ballot Request Form which shall be executed by the Chief Elections Officer. The Chief Elections Officer shall make every effort to determine if a request for an absentee ballot is, in fact, made by or for a registered voter in good standing within the municipal boundaries of the City of Edgewater by ascertaining that the petitioner/elector is so listed on the current Volusia County Registered Voter's List as compiled by the Volusia County Department of Elections at the close of the voter registration books in accordance with prescribed law prior to said election. Said confirmation shall be made in a timely manner so as not to impede the delivery of the absentee ballots to the petitioner/elector. The Chief Elections Officer shall provide by mail, in person, or by facsimile machine any number of blank City -approved Absentee Ballot Request Forms to any individual requesting said forms, but shall only accept said forms when fully executed and signed by an elector/registered voter whose name is in good standing with the Volusia County Department of Elections as a registered voter within the corporate limits of the City of Edgewater, as set forth in paragraph 5. In the event said request form is returned without pertinent information and/or the signature of the elector/registered voter, the Chief Elections Officer shall make an effort to contact the petitioner concerning these matters. In the event it is determined that the petitioner/elector is not on the current printed Volusia County Registered Voter's List as set forth in paragraph 5, the Chief Elections Officer shall, in a timely manner, contact the Volusia County Department of Elections by telephone to ascertain whether said petitioner/elector is a registered voter in good standing within the corporate limits of the City of Edgewater and shall proceed according to the information supplied by the Volusia County Department of Elections as to whether an absentee ballot shall be mailed or provided in person to the petitioner. B. In the event the Chief Elections Officer determines the petitioner is not a registered voter in good standing as set forth in paragraph 7, the Chief Elections Officer shall make every effort via telephone or by mail to notify the petitioner that an absentee ballot will not be forwarded and that the petitioner should contact the Volusia County Department of Elections concerning the status of their voter registration. 9. If the Chief Elections Officer determines that a request for an absentee ballot is being made by a petitioner who has moved outside the corporate limits of the City of Edgewater, and said petitioner has not changed his or her voter registration to the new precinct, the Chief Elections Officer shall notify the petitioner, verbally or in writing, that said petitioner must contact the Volusia County Department of Elections and vote in accordance with prescribed election law. The Chief Elections Officer shall not knowingly provide an absentee ballot to any registered voter who no longer resides within the corporate limits of the City of Edgewater and has failed to notify the Volusia County Department of Elections that he or she is residing in a new precinct. 10. In the event the petitioner can produce no voter registration identification card, the Chief Elections Officer shall assist the petitioner in the process of obtaining a new voter identification card and shall, upon the production of satisfactory personal identification, including signature and photo I.D. by the petitioner, issue an absentee ballot to the petitioner if the petitioner/elector's name is found to be in good standing with the Volusia County Department of Elections as set forth in paragraph 5. Should the elector fail to have acceptable photo and/or signature I.D. the voter will be supplied with an affirmation form (see attachment ) then he/she must complete prior to being issued an absentee ballot. All such actions shall be listed by the Chief Elections Officer within the comment section of an absentee ballot log. 11. The Absentee Ballot Log, attached hereto as Exhibit 2, shall be maintained by the Chief Elections Officer for the purpose of tracking the request, distribution and return of all 7 absentee ballots, and shall include a comment section for notations as to the reason for any request to receive an absentee ballot made by an individual other than the elector or the petitioner/elector's immediate family or to note any irregularities ascertained in determining an elector's standing with the Volusia County Department of Elections as set forth in paragraph 5. Ballots picked up by the elector or his/her designee shall be so noted within the comment section of the absentee ballot log. Said ballots may not be picked up and taken from the office prior ro four days before the election. 12. Requests for absentee ballots to be picked up by a person designated by the elector and delivered by that designee to the elector shall be accepted under the following conditions: A) The designee must provide written authorization from the elector, naming the designee and specifying for which election the absentee ballot is being requested. A copy of the authorization shall be sent by facsimile machine to the Supervisor of Elections for verification of the voter's signature. Such written permission shall be appended to the City's approved absentee ballot request form. B) A designee is limited to pick up and deliver a total of two absentee ballots per election, other than the designee's own ballot, except that said designee may pick up additional ballots for members of the designee's immediately family as set forth in Section 101.62(4)(b), Florida Statutes. A primary and a general election shall be considered as separate elections. C) Said designee shall provide personal picture identification in the form of a driver's license, or other similar identification deemed sufficient by the Chief Elections Officer and shall complete the Absentee Ballot Designee Affidavit prior to picking up any absentee ballot as set forth above. The Absentee Ballot Designee Affidavit is attached hereto as Exhibit 3. D) In addition to listing on the Absentee Ballot Log the name of the elector to whom the absentee ballot is being issued, a log listing said designee, shall be maintained. This log attached hereto as Exhibit 4, which shall also include the name and voter identification number of those electors for whom the petitioner has picked up absentee ballots to assure that no petitioner picks up more than two ballots as set forth in paragraph 12(B). 13. The Chief Elections Officer shall only provide an absentee ballot to a candidate for use by the candidate personally or for a member of said candidate's immediate family after the conditions in paragraph 12 have been met. 14. The Chief Elections Officer shall not determine the identity of any petitioner who claims to be a registered voter within the corporate limits of the City of Edgewater except through petitioner's production of personal identification and a voter registration identification card. The Chief Elections Officer shall determine if the petitioner is a registered voter as prescribed in paragraph 7, prior to issuing an absentee ballot in person to a petitioner. 15. The Chief Elections Officer shall provide copies of all requests for all absentee ballots to the Volusia County Department of Elections and said Department of Elections shall provide copies of all requests for absentee ballots for voters within the City's boundaries to the Chief Elections Officer. When there is a County and City election held the same year, the Chief Elections Officer shall compare such requests with the Absentee Ballot Log to assure that duplicate ballots are not mailed to the petitioner/elector. 16. The Chief Elections Officer shall compare signatures on all fully executed, returned absentee ballots with the registered voters' signatures on file in the Volusia County Department of Elections prior to the counting of the absentee ballots. Any returned absentee ballots which come under question by the Chief Elections Officer as a result of missing or questionable information on the absentee ballot, including signatures, shall be presented to the canvassing board, consisting of the Chief Election Officer or her designee and the City Attorney or her designee, for a final decision concerning the acceptance or denial of the absentee ballots. 17. After the returned absentee ballots are received by the Chief Elections Officer and prior to transport to the Volusia County Department of Elections, the ballots will be reconciled against the Absentee Ballot Log. The Chief Elections Officer shall also reconcile the number of absentee ballots originally received from the Volusia County 5 Department of Elections with the number of absentee ballots provided to electors and the number of absentee ballots remaining to be returned to the Volusia County Department of Elections, using the Ballot Report Form supplied by the Volusia County Department of Elections and attached hereto as Exhibit 5. 18. Absentee ballots will be accepted by the Chief Elections Officer at the Edgewater City Hall until 7:00 p.m. on the night the election is held. The Chief Elections Officer or her designee, and the City Attorney or her designee shall hand carry returned absentee ballots, as well as any relevant materials as required by the Volusia County Department of Elections, to the Volusia County Department of Elections as soon as possible after 7 p.m. on the night of the election. The names of the persons transporting ballots and their time of departure and arrival shall also be recorded with the Edgewater Police Department. As an alternative, the Chief Elections Officer may contract with the Volusia County Department of Elections to transport absentee ballots that have come in by 5:00 p.m. 19. Upon the arrival at the Volusia County Department of Elections, the Chief Elections Officer or her designee and City Attorney or her designee, shall tabulate absentee ballots. If there is any discrepancy, all steps necessary to correct any imbalance will be taken, including but not limited to: hand counting absentee ballot envelopes and double checking each envelope to ensure that all ballots have been removed. The Chief Elections Officer shall return all unvoted and voted ballots to the Volusia County Department of Elections for their custody for the required retention period and shall return all other related election supplies, secrecy envelopes, mailing envelopes, etc. to the Volusia County Department of Elections and provide a xerox copy of the absentee ballot log to the Volusia County Department of Elections at the time of the absentee ballot canvassing. 20. The City Council, shall, in accordance with the City Charter, be the judge of the election and shall within 3 days after said election, canvass the election returns and declare the results. When the City is riding with the County in a County wide election the County canvassing board shall canvass the election returns and the City shall ratify the results. 21. The Chief Elections Officer may delegate various aspects of work relating to the issuance of absentee ballots to support 0 staff in her absence; however, it is the goal of the City Clerk/Chief Elections Officer to limit the handling of absentee ballots and pertinent materials relating to said work to as few individuals as possible in order to maintain integrity in the absentee balloting system and eliminate any possibility for miss communication or error. F]] U&HN Exhibit 1 7E CITY OF ED(t WATER ut�, J, POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 ABSENTEE BALLOT REQUEST FORMS CITY OF EDGEWATER Is the voter unable to go to the polls on election day? F.S. 101.64; You must be unable to go to your poll on election day in order to qualify for ordering an absentee ballot. Exception; Handicapped or aged 64 or older (Voting Accessibility for the Elderly & Handicapped Act). Is someone other than the voter placing the order? Must be member of voter's immediate family(spouse, child, parent, grandparent, sibling or in-law)or legal guardian. F.S. 101.62; Third degree felony for anyone other than immediate family member to place order for another voter. Does requestor have voter's permission to place an order for their absentee ballot?_ F.S. 101.62; Third degree felony for anyone to order a ballot for a voter without the voter's pern fission. Precinct# Voter's Name 110 Last 4 digits of SS# Date of birth Phone# Residence Address Permanent Mailing Address BY LAW, ABSENTEE BALLOTS CANNOT BE FORWARDED- Be sure mailing address a where you will be. Mail ballot(s) to: BALLOTS BEING REQUESTED FOR THE Primary(oember 9,2001) General (November 6,2001) If someone other than the voter is making the request, complete this box Requester's Relationship to voter: Soc. Sec.#_ _ _Driver License # Requester's address Today's Signature of person( ) Requesting ballot ( )Picking up ballot Phone request Photo ID used by Person taken .b nl rul75,01 Couny CkBSENTEE BALLOT tREQUEST ORM Is the voter unable to go to the polls on election day? F.S. 101.64: You must be unable to go to your poll on election day in order to qualify for ordering an absentee ballot. Exceptions: Handicapped or aged 64 or older (Voting Accessibility for the Elderly & Handicapped Act). Is someone other than the voter placing the order? Must be member of voter's immediate family (spouse, child, parent, grandparent, sibling or inlaw) or legal guardian. F.S. 101.62: Third degree felony for anyone other than immediate family member to place order for another voter. Does requester have voter's permission to place an order for their absentee ballot? _ F.S. 101.62: Third degree felony for anyone to order a ballot for a voter without the voter's permission. Precinct # Voter's Last 4 digits of SS# Date of birth Party Residence Address - Address Change: _ Purge: ID# Phone # Permanent Mailing Address BY LAW, ABSENTEE BALLOTS CANNOT BE FORWARDED - Be sure [nailing address is where you will be. Mail ballot(s) to: Ballots being requested for following elections: _ 1st Primary _ 2nd Primary General Election _ All elections Other If someone other than the voter is making the request, complete this box. Requester's name: Relationship to voter. Soc Sec # Driver License # Requester's address: Today's date: Signature of person () Requesting ballot () Picking up ballot Phone request _ Photo ID used by designee: Person taking request Revised 6129/00 I Q C4 O v a H N EXHIBIT 3 CITY OF EDGEWATER ABSENTEE BALLOT DESIGNEE AFFIDAVIT (must show picture identification) do (Name of Designee) hereby certify that has authorized me (Name of Voter) to pick up his/her ballot for the election to be held on and (Date) to the best of my information and belief this elector is qualified as an absentee for the reason listed in Section 101.64 (1) Florida Statutes. Date Signature of Designee Voters Id Number Subscribed and sworn to (affirmed) before me this day of 19 Chief Election Officer or Her Designee R i E ,33jj Pj� ryL K 0. a J�d +�u O M W S� s M 6' Y o. w s� N Z Fp sd L <up 4 2 d Y V S x FX:iIBIT 5 DATE: ELECTION: PRECINCT, BALLOT TYPE- 4l, aS4 1. BALLOT CARDS RECEIVED- BEFDREPOLLSoPEN 2. UNUSED BALLOT CARDS -AFTERPBLLSMOSE (Ux�eeo BALIAT PAco z 50 � CAWs w PA.wlnUzm PAcm) 3. SPOILED BALLOT CARDS — m xE Ao OPEN' (BA:AQi CAW DAWOm Axo Rmwxml V0161 RIwMO N—C—) 4. TOTAL UNUSED AND SPOILED BALLOT CARDS I f (am Lw! 2 A. U.3) ' 5. TOTAL NUmoMBER OF BALLOT CARDS USED I I (Su. Lw[ A moo LA A 1) S. NUMBER ON PUBLIC COUNTER-SEFOREPDusoPFN 7. NUMBER ON PUBLIC COUNTER - AT CLOSE OFvcuS I DO SOLEMNLY SWEAR AND HEREBY CERTIFY THAT THE ABOVE IS A TRUE AND CORRECT REPORT OF THE NUMBER OF VOTED BALLOTS, UNUSED BALLOTS AND SPOILED BALLOTS PLACED IN THE PROPER TRANSPORT CONTAINERS IN PRECINCT NO, IN THE (NAME OF ELECTION) HELD ON (DATE) IN VOLUSIACOUNTY. I FURTHER CERTIFY THAT THE TRANSPORT CONTAINERS WERE PROPERLY SEALED IN MY PRESENCE OS OF TWO POLL WORKERS TRANSPORTING _ OTS FROM POLLS ELECTION NIGHT: Exhi,bi 6 - MULTI-PU POSE AFFIRMATION/AFFIDAVIT Election Official VOLUSIA CO NTY, FLORIDA Precinct Number SECTION 1 Under penalti election: VOTER INFORMATION for false swearing, I swear for affirm) that I am a qualified voter in Volusia County, FL; that I have not yet voted in that my turn name is Les Fi st Middle that I now 'de at that 1 rev,Hve (if different fr y mall at m residence addrasel that my data f birth is SECTION 2 CHECK ALL THAT APPLY ❑ CHAN E OF ADDRESS - P.S- 101.04512Ip) My former address in Volusia County was. ❑ CHA E OF NAME - F.S. 101.04512)(b) My name has changed by marriage or other legal process. My former name was: ❑ DECL TION TO SECURE ASSISTANCE - F.S. 101.051(4) My condition is:' ❑ Temporary ❑ Permanent I reque for the assistance from and flowing reason ❑ VOTE WITHOUT PROPER IDENTIFICATION - F.S. 99.471 1 am the person I represent myself to be ❑ REQU ❑ VOTE the sig ❑ DECE ST FOR DUPUCATE IDENTIFICATION CARD - F.S. 97.971 1 request a duplicate voter ID card be mailed to me WHOSE SIGNATURE IS DIFFERENT - F.S. 101.49 The signature presented on my identification appears different fro store on the precinct register. Please update my file signature to the one below. ED VOTER -(To be Completed by a member of the immediate family only): Name f Deceased Date of Birth Date of Death Name f Person Giving Information Signature Relationship SECTION 3 SIGNATURE OF VOTER AND ELECTION OFFICIAL and I forth registered r ewes, (or affirm) that I am otherwise legally Sworn and subscribed to before me this day nd entitled to vote in Volusia County, Florida. of 19 x x Signature of Voter Election Official Signature SECTION 4 MUST BE COMPLETED By ELECTION OFFICIAL WARNING- ff Drab ,rams Does Not appear on your Preelntt Register you MUST cell $the Elections OMcel VOTER'S RE TRATION e VOTER'S N VOTER'S P PRECINCT a Iff change of atldraes) O Inside City Limits ❑Outside City Limits AFFILIATION (Voter is NOT allowed to change party affiliation) BALLOTS 0f applicable) Information as provided by: ❑ precinM Map/P,ecin& Register ❑ Phone Bank Operator (give name? FOR VOTER WHOSE PRECINCT HAS CHANGED SECTION 5 NEW POLLI PLACE/ADDRESS: VOTER INSTRUCTIONS: Take this form W the Voter Assistance Table at the polling plau listed above.