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Canvassing Board Meeting Minutes - October 2, 2017MIAMIBEACH CITY OF MIAMI BEACH NOVEMBER 7, 2017 GENERAL /SPECIAL ELECTIONS CANVASSING BOARD AFTER - ACTION October 2, 2017 at 9:00 a.m. City Attorney's Large Conference Room 1700 Convention Center Drive, Fourth Floor Miami Beach, Florida 33139 Canvassing Board Members: Honorable Tanya Brinkley, County Court Judge Absent Rafael E. Granado, City of Miami Beach City Clerk Present Jimmy McMillion, Qualified Miami Beach Elector Present Honorable Gina Beovides, County Court Judge (Substitute Member) Present Judy Hoanshelt, Qualified Miami Beach Elector (Alternate Member) Present Staff to Canvassing Board: Nicholas Kallergis, Senior Assistant City Attorney Present Jean Olin, Esq., Outside Counsel Present Liliam Hatfield, Assistant City Clerk Present 1. Welcome • Introductions made. • Oaths of Office signed and notarized. 2. Meeting called to order at 9:08 a.m. Judge Gina Beovides announced that Judge Tanya Brinkley was unable to attend the meeting, and she is attending on her behalf. She gave some background information on her participation on a prior Canvassing Board for the City of Doral; she is looking forward to working with the City. Jean Olin, Outside Counsel, explained that the signed Oaths of Office forms confirm the qualifications of the Canvassing Board membership, which states that the members may not be active participants on a campaign or candidacy of any candidate with opposition on this Election. The City of Miami Beach has called a General Election on November 7, 2017 to elect a Mayor and two City Commissioners, as well as a Special Election where two ballot questions will be presented to the voters. Judge Beovides announced that she would clear her calendar for the Canvassing Board meeting dates, to ensure her attendance in the event Judge Brinkley was unable to attend any future meetings. 1 3. Designation of Chairperson Jean Olin, Outside Counsel, explained that the City Code section is silent on who will be the Chair. However, pursuant to State law, the County Judge is the Chair whenever the Canvassing Board meets. For purposes of today, since Judge Brinkley is absent, Judge Beovides will be designated the Chair. When Judge Brinkley is able to attend a Canvassing Board meeting, she will take on the duties of Chair. Judge Beovides, Canvassing Board Chair, turned the meeting over to Outside Counsel Olin. 4. Orientation Ms. Olin explained that the Canvassing Board membership is comprised of Honorable Tanya Brinkley, County Court Judge; Rafael E. Granado, City of Miami Beach City Clerk; Jimmy McMillion, Qualified Miami Beach Elector; Honorable Gina Beovides, County Court Judge is the Substitute Member; and Judy Hoanshelt, Qualified Miami Beach Elector is the Alternate Member. Ms. Olin explained that the Substitute Member and Alternate Member are able to attend the Canvassing Board meetings but may not participate and certainly not vote, unless they are replacing a canvassing board Member in their official capacity. SUNSHINE LAW Ms. Olin added that pursuant to the Sunshine Law, two or more Canvassing Board members may not engage in discussions on any matter that could reasonably /potentially come before the Canvassing Board outside of a publicly noticed meeting. Ms. Olin added that when it doubt, Canvassing Board members should contact Nick Kallergis or her for clarification. PUBLIC RECORDS LAW The Public Records Law is applicable to all Canvassing Board members. The Public Record's law states that any documents made or received in the course of official business, as Canvassing Board Members, is a public record. Individual notes, unless they are intended to perpetuate knowledge, are not deemed a public record. Ms. Olin stated that if Board members take notes, for said notes not to be shared with anyone. 5. Review Canvassing Board Schedule Rafael E. Granado, Board Member, went over the Municipal Canvassing Board Schedule for the November 7, 2017 Miami Beach General and Special Elections. Board Member Granado explained that on October 19, 2017, as listed in the Canvassing Board Schedule, the voting and tabulations equipment will be tested (Logic & Accuracy Test), and he suggested a motion and a vote to designate him to be able to attend on behalf of the Board. Ms. Olin explained that this is a limited exception; except for the testing of the equipment, a quorum of at least two members must be present at all Canvassing Board meetings. During the testing of the equipment, only the one individual designated need attend. 2 Board Member Granado explained that on November 6 and 7, 2017; all members of the Canvassing Board are requested to attend. However, the November 6, 2017 activities only require a majority of the Canvassing Board members to be present. Board Member Granado requested the appointment of at least two members of the Canvassing Board to attend on November 6. All Canvassing Board members are needed on November 7 beginning promptly at 6:00 p.m., to commence the canvassing of presumed invalid Vote -by -Mail ballots. The Canvassing Board members will remain at the Miami -Dade Elections Department on November 7, 2017 until the Unofficial Results are provided. Because of the holiday on Friday, November 10, Veterans Day, the Miami -Dade Elections Department has asked that all members of the Canvassing Board be present on Thursday, November 9, 2017 at 5:00 p.m. to canvass provisional ballots, obtain the certification of official results, conduct the post -count Logic and Accuracy Test of the optical scan system used for Vote - by -Mail and provisional ballots, and witness the selection of the post - election audit. Ms. Olin stated that there are opinions of the Division of Election, which stated that it is best practice for consistency and appearance to have the same members of the Canvassing Board present during all activities. If Judge Brinkley is not available, it might be best for Judge Beovides to attend the meetings. Board Member Granado added that on Monday, November 13, the audit processing starts, and at least two members of the Canvassing Board are required to be present to oversee the audit. Discussion held regarding audit random selection. Jean Olin, Outside Council, explained that if all candidates receive more than 50% of the votes, there is no need for a Run Off. Board Member Granado addressed the dates and times for the Run -Off Canvassing Board Schedule and requirements. During the Run -Off, if necessary, the Official Results will be available on Monday, November 27, 2017. Normally Official Results are presented to the Canvassing Board the Friday after the Election, but because of the Thanksgiving Holiday, Official Results will not be available until Monday, November 27, 2017. Alternate Member Hoanshelt announced that she plans to attend all meetings to familiarize her with the process. 6. Establish criteria for acceptance of Vote -by -Mail ballots and designate Canvassing Board Member to act on behalf of the Board, if necessary Jean Olin, Outside Counsel, explained the reason for the change of terms from "Absentee Ballot" to "Vote -by -Mail" ballot. The legislative change was made because one does not have to be absent from the jurisdiction to Vote -by -Mail, a voter may utilize Vote -by -Mail for whatever reason one wishes. Ms. Olin explained that the Canvassing Board duties are to oversee the activities of the Election, as well as to accept the Results, as determined by the Miami -Dade Elections Department and to canvass Vote -by -Mail ballots. Concerning Canvassing Board members' role, the Board has the duty to review and determined if the ballots are signed by a qualified elector, pursuant to the requirements of law. A qualified elector is a registered voter with the State. She demonstrated the process of returning a Vote -by -Mail ballot, and explained that if 3 the signature is missing on the Vote -by -Mail ballots, which are pre -paid envelopes by the City of Miami Beach, the vote will not be counted. However, if the voter signed anywhere outside the signature line on the envelope, the Miami -Dade Elections Department will bring those ballots to the attention of the Canvassing Board. On Election night, there will be a pile of Vote -by -Mail ballots set aside by the Miami -Dade Elections Department that have irregularities. In making their determination, the Canvassing Board must determine if a voter substantially complied with the law. It is a discretionary issue. If the voter did not sign, that is referred to as a mandatory disqualification. Unfortunately, there is no case on point for every scenario, so the Canvassing Board members will have to use their best judgment. Concerning the placement of the signature. The Florida Division of State, Division of Elections, has opined that as long as the signature is in close proximity to the signature line, the Canvassing Board may accept that signature, even though it is an irregularity, if it considers it to be in substantial compliance. If voters signed in the front of the envelope, it is not considered to be in close proximity and the vote should not to be counted. Ms. Olin added that the signature must match the signature on file with the Miami -Dade Elections Department. Discussion continued regarding signature comparison and changes in signatures over time. It is the Miami -Dade Elections Department's responsibility to separate questionable signatures for review by the Canvassing Board. The Canvassing Board will compare the signature on the envelope to the signature on file at the Miami -Dade Elections Department and make a determination as to whether to accept or reject it. If a Vote -by -Mail ballot is not counted due to the signature not matching, the Miami -Dade Elections Department is required to notify the voter. Discussion continued. MOTION TO DESIGNATE CANVASSING BOARD MEMBER TO ATTEND THE LOGIC AND ACCURACY TEST Board Member McMillion nominated Rafael E. Granado; seconded by Substitute Judge Beovides; 3 -0. Motion passes. MOTION TO DESIGNATE CANVASSING BOARD MEMBERS TO ATTEND THE ACTIVITIES ON NOVEMBER 6, 2017: Board Member Rafael E. Granado moved to nominate Jimmy McMillion and himself to attend the activities on November 6, 2017; seconded by Substitute Judge Beovides; 3 -0. Motion passes. 7. Review State Rule IS -2.027 Standards for Determining Voter's Choice on a ballot (See Exhibit A) By case law, the factors to consider regarding Vote -by -Mail ballots by the Canvassing Board when exercising discretion: • Presence or absence of fraud, negligence or intention of wrongdoing; and • Whether the irregularities adversely affect the sanctity of the ballot and the integrity of the election. Ms. Olin explained that the Canvassing Board members would be advised by the Miami - Dade Elections Department of any problems with the signatures in the Vote -by -Mail ballots. The most common issues with Vote -by -Mail ballots encountered are lack signature, someone signing that is not the qualified elector (signature not matching what is on file at 4 the Miami -Dade County Elections Department), and signatures not in close proximity to the signature line. Ms. Olin explained that if there is ever a legal challenge to the Canvassing Board's decision, the only challenge allowed in the State is subsequent to the Election. Pursuant to the State Election Code, a candidate who lost, or any citizen or taxpayer may, within ten days of the Election, file an election contest and the Canvassing Board collectively is a party defendant. Generally, the last action all the Canvassing Board members take is signing off on the Certification of the General /Special Election Official Results, and of signing off on the Certification of Official Results for the Run -Off, if necessary. Ms. Olin explained that on Election night, and on subsequent dates if necessary, pursuant to the State Election Code, if a Vote -by -Mail ballot envelope that is examined by the Canvassing Board is not accepted, a Member of the Canvassing Board will be designated to stamp the ballot envelope "Rejected." If a Vote -by -Mail ballot envelope that is examined by the Canvassing Board is accepted, a Member of the Canvassing Board will be designated to stamp the ballot envelope as "Accepted." Regarding manual recounts, one situation that may happen is when a ballot measure or a candidate loses by less than 1%, if so then there is an automatic recount. If the Miami -Dade Elections Department starts the recount on Election night, then the Canvassing Board must stay until it is concluded. At the end of the automatic recount, if there is less than 1/4 of one percent difference, rather than an automatic recount, then there is a manual recount, which must be ordered by the Canvassing Board. Discussion continued. Board Member Granado explained that there might be times when ballots need to be duplicated if they are damaged. The Canvassing Board must oversee this task. Ms. Olin explained that Canvassing Board members might also be called upon to determine voter intent if not clear. Ms. Olin reviewed with the Canvassing Board Members Florida Division of Elections Rule 1 S- 2.027, entitled "Standards for Determining Voter's Choice on a Ballot." Ms. Olin further discussed examples of different scenarios utilized by the Florida Division of Elections to assist Canvassing Board Members in determining voter intent. 8. Open the meeting for public comment No public comment. 9. Adjourn the meeting Meeting adjourned at 10:00 a.m. F: \CLER \CLER \000_ELECTION \000_2017 GENERAL ELECTION \CANVASSING BOARD \Canvassing Board Minutes 10 -2 -17 REG.docx 5