Canvassing Board Meeting Agenda - Oct 7, 2015 at 2:00pm/Agenda de la Reunion de la Junta de Escrutinio del 7 de octubre a las 2:00pm
CITY OF MIAMI BEACH
NOVEMBER 3, 2015 GENERAL ELECTION
CANVASSING BOARD MEETING
Wednesday, October 7, 2015 at 2:00 P.M.
City Attorney’s Large Conference Room
1700 Convention Center Drive, Fourth Floor
Miami Beach, Florida 33139
Canvassing Board Regular/Substitute Members:
Hon. Don Cohn, County Court Judge; Chair
Rafael E. Granado, City of Miami Beach City Clerk
Elizabeth Wheaton, Qualified Elector
Canvassing Board Alternative Members:
Hon. Victoria Ferrer, County Court Judge; Chief Judge Bertila Soto’s Alternate Appointment
Jimmy McMillion, Qualified Elector; Mayor Philip Levine’s Alternate Appointment
Staff to Canvassing Board:
Debora Turner, First Assistant City Attorney
Jean Olin, Esq., Outside Counsel
Liliam Hatfield, Assistant City Clerk
AGENDA
1. Welcome
2. Designation of Chairperson and Vice-Chairperson--per Fla. Stat. sec. 102.141 (1) County
Court Judge is the Chair.
3. Orientation--Sunshine Law, Public Records; also, discussion noting role of Canvassing
Board members re: absentee and provisional ballots, and discussion regarding role of
“alternative” members.
4. Review Canvassing Board Schedule.
5. Establish criteria for acceptance of absentee ballots and designate Canvassing Board
member to act on behalf of the Board for public testing of voting equipment, per Fla. Stat.
sec. 101.5612.
6. Review State Rule IS-2.027 Standards for Determining Voter’s Choice on a ballot. (See
Exhibit A.)
7. Open the meeting for public comment.
8. Adjourn the meeting.
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EXHIBIT A
1S-2.027 Standards for Determining Voter’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:
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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.
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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
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.
For State Representative
(Vote for one)
Don Nichols
Michael Ross
Bernie West
Norman Fell
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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
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.
For State Representative
(Vote for one)
Don Nichols
Michael Ross
Bernie West
Norman Fell
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(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
Valid Vote for Ball Valid Vote for Ball
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
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2. The voter circles or underlines the name of a candidate, issue choice, or judicial retention
choice.
Valid Vote for Arnaz Valid Vote for Arnaz
3. The voter circles or underlines the party abbreviation associated with a candidate’s name.
VVaalliidd VVoottee ffoorr BBeennnnyy VVaalliidd VVoottee ffoorr BBeennnnyy
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball DEM
Jack Benny REP
Desi Arnaz GRN
Lenny Bruce LBT
For Attorney General
(Vote for one)
Lucille Ball DEM
Jack Benny REP
Desi Arnaz GRN
Lenny Bruce LIB
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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 Valid Vote for Ball
Invalid Vote Invalid Vote
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
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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 Valid Vote for Ball
Invalid Vote Invalid Vote
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
------- Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
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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 Invalid Vote
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 Valid Vote for Ball
For Treasurer
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Treasurer
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Commissioner of Education
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Commissioner of Education
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
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Valid Vote to Keep Justice in Office
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
Judicial Retention
State Supreme Court
(Vote yes or no)
Shall Justice Tom Poston be retained
as Chief Justice of the State Supreme
Court
Yes ____________
No _____________
For Commissioner of Agriculture
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
__________
Write-In
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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 Invalid Vote
Valid “No” vote
For State Senator
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For State Senator
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
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.
YES Proposed Constitutional Amendment No. 1
NO Proposed Constitutional Amendment No. 1
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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 Valid Vote for Arnaz
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 Valid Vote for Benny
For School Board Member
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For School Board Member
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For School Board Member
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For County Commissioner
(Vote for three)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
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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 Valid Vote for Bruce
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 U.S. Senator
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For U.S. Senator
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
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14. The voter punches the oval or the void between the arrow head and tail.
Valid Vote for Ball Valid Vote for Benny
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 Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Clerk of Court
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
For Clerk of Court
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
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(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 President/Vice-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
(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 President/Vice President
(Vote for one)
Lucille Ball
Buster Keaton
Jack Benny
Don Wilson
Desi Arnaz
Xavier Cugat
Lenny Bruce
Sally Marr
Marr Write-In
For Attorney General
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
Benny
Write-In
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(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, whether or not the oval or arrow designating the selection of
a write-in candidate has been marked.
Valid Vote for Smith, if Smith
is a qualified write-in candidate Valid Vote for Bruce
(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 Invalid Vote
For Public Defender
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
Bruce
Write-In
For Public Defender
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
Smith
Write-In
For Sheriff
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
GOOFY
Write-In
For Sheriff
(Vote for one)
Lucille Ball
Jack Benny
Desi Arnaz
Lenny Bruce
Chester
Write-In
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(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 Invalid Vote
(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, Amended 10-6-08.
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