LTC 400-2013 November 5, 2013 General and Special Election Unofficial Results MAMIBEACH
OFFICE OF THE CITY MANAGER
LTC No. x/00 X0 /3 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
'FROM: Rafael E. Granado, City Clerk
DATE: November 6, 2013
SUBJECT: NOVEMBER 5, 2013 GENERAL AND SPECIAL ELECTION UNOFFICIAL RESULTS
Attached please find the Unofficial Results of the November 5, 2013 City of Miami Beach General and
Special Elections. These results include all absentee, early voting and Election Day ballots cast.
Please note that because no candidate in Commissioner Groups I, II, and III received a majority of the votes
cast in the City's General Election, there will be a Run -Off Election for Groups I, II, and III on November 19,
2013 between the two candidates in each group receiving the highest number of votes. Additionally, the
• race for Miami Beach Mayor requires a recount as prescribed in Section 102.141(7), Florida Statutes. That
section of the Statute requires that if the unofficial returns reflect that a candidate was defeated or
eliminated by one -half of a percent or less of the votes cast for such office, a recount shall be ordered of the
votes cast with respect to such office. (A copy of Section 102.141, Florida Statutes is attached hereto.) The
Miami -Dade County Elections Department has notified the City Clerk that the recount is expected to take
place on Friday, November 8, 2013, at a time to be determined. We will provide additional details as to the
recount as soon as they are available.
Upon review of the provisional ballots, and subsequent completion of the recount, the Miami -Dade County
Elections Department will furnish the City Clerk with the Official Results.
If you have any questions, please contact me at 305.673.7411.
Attachment
ED_ M
c: Jimmy L. Morales, City Manager
Jose Smith, City Attorney
n
M rJ
F: \CLER \CLER \000_ELECTION \0000_2013 General Election\ CORRESPONDENCE \LTC Certification And Official Results Nov 5 2013 G &S
Election.Doc
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Statutes & Constitution :View Statutes : Sunshine
Select Year: 20134
The 2013 Florida Statutes
Title IX Chapter 102 View Entire
ELECTORS AND CONDUCTING ELECTIONS AND ASCERTAINING Cha
ELECTIONS THE RESULTS
102.141 County canvassing board; duties.-
(1) The county canvassing board shall be composed of the supervisor of elections; a county court
judge, who shall act as chair; and the chair of the board of county commissioners. Alternate canvassing
board members must be appointed pursuant to paragraph (e). In the event any member of the county
canvassing board is unable to serve, is a candidate who has opposition in the election being canvassed,
or is an active participant in the campaign or candidacy of any candidate who has opposition in the
election being canvassed, such member shall be replaced as follows:
(a) If no county court judge is able to serve or if all are disqualified, the chief judge of the judicial
circuit in which the county is located shall appoint as a substitute member a qualified elector of the
county who is not a candidate with opposition the election being canvassed and who is not an active
participant in the campaign or candidacy of any candidate with opposition in the election being
canvassed. In such event, the members of the county canvassing board shall meet and elect a chair.
(b) If the supervisor of elections is unable to serve or is disqualified, the chair of the board of county
commissioners shall appoint as a substitute member a member of the board of county commissioners
who is not a candidate with opposition in the election being canvassed and who is not an active
participant in the campaign or candidacy of any candidate with opposition in the election being
canvassed. The supervisor, however, shalt act in an advisory capacity to the canvassing board.
(c) If the chair of the board of county commissioners is unable to serve or is disqualified, the board
of county commissioners shall appoint as a substitute member one of its members who is not a candidate
with opposition in the election being canvassed and who is not an active participant in the campaign or
candidacy of any candidate with opposition in the election being canvassed.
(d) if a substitute member or alternate member cannot be appointed as provided elsewhere in this .
subsection, or in the event of a vacancy in such office, the chief judge of the judicial circuit in which
the county is located shall appoint as a substitute member or alternate member a qualified elector of
the county who is not a candidate with opposition in the election being canvassed and who is not an .
active participant in the campaign or candidacy of any candidate with oppositionrin the election being
canvassed.
(e)1. The chief judge of the judicial circuit in which the county is located shall appoint a county
court judge as an alternate member of the county canvassing board or, if each county court judge is
unable to serve or is disqualified, shall appoint an alternate member who is qualified to serve as a "
substitute member under paragraph (a).
2. The chair of the board of county commissioners shall appoint a member of the board of county
commissioners as an alternate member of the county canvassing board or, if each member of the board
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of county commissioners is unable to serve or is disqualified, shall appoint an alternate member who is
qualified to serve as a substitute member under paragraph (d).
3. If a member of the county canvassing board is unable to participate in a meeting of the board,
the chair of the county canvassing board or his or her designee shall designate which alternate member
will serve as a member of the board in the place of the member who is unable to participate at that
meeting.
4. if not serving as one of the three members of the county canvassing board, an alternate member
may be present, observe, and communicate with the three members constituting the county canvassing
board, but may not vote in the board's decisions or determinations.
. (2) The county canvassing board shall meet in a building accessible to the public in the county where
-the election occurred at a time and place to be designated by the supervisor of elections to publicly
canvass the absentee electors' ballots as provided for in s. 101.68 and provisional ballots as provided by
ss. 101.048 101.049 and 101.6925 Provisional ballots cast pursuant to s. 101.049 shalt be canvassed in
a manner that votes for candidates and issues on those ballots can be segregated from other votes.
Public notice of the time and place at which the county canvassing board shall meet to canvass the
absentee electors' ballots and provisional ballots shall be given at least 48 hours prior thereto by
publication on the supervisor of elections' website and once in one or more newspapers of general
circulation in the county or, if there is no newspaper of general circulation in the county, by posting
such notice in at least four conspicuous places in the county. As soon as the absentee electors' ballots
and the provisional ballots are canvassed, the board shalt proceed to publicly canvass the vote given
each candidate, nominee, constitutional amendment, or other measure submitted to the electorate of
the county, as shown by the returns then on file in the office of the supervisor of elections.
(3) The canvass, except the canvass of absentee electors' returns and the canvass of provisional
ballots, shall be made from the returns and certificates of the inspectors as signed and filed by them
with the supervisor, and the county canvassing board shall not change the number of votes cast for a
candidate, nominee, constitutional amendment, or other measure submitted to the electorate of the
county, respectively, in any potting place, as shown by the returns. All returns shall be made to the
board on or before 2 a.m. of the day following any primary, general, or other election. If the returns
from any precinct are missing, if there are any omissions on the returns from any precinct, or if there is
an obvious error on any such returns, the canvassing board shall order a retabulation of the returns from
such precinct. Before canvassing such returns, the canvassing board shall examine the tabulation of the
ballots cast in such precinct and determine whether the returns correctly reflect the votes cast. if there
is a discrepancy between the returns and the tabulation of the ballots cast, the tabulation of the ballots
cast shall be presumed correct and such votes shalt be canvassed accordingly.
(4)(a) The supervisor of elections shall upload into the county's election management system by 7
p.m. on the day before the election the results of all early voting and absentee ballots that have been
canvassed and tabulated by the end of the early voting period. Pursuant to ss. 101.5614 101.657 and
101.68 the tabulation of votes cast or the results of such uploads may not be made public before the
close of the polls on election day.
(b) The canvassing board shall report all early voting and all tabulated absentee results to the
Department of State within 30 minutes after the polls close. Thereafter, the canvassing board shall
report, with the exception of provisional ballot results, updated precinct election results to the
department at least every 45 minutes until all results are completely reported. The supervisor of
elections shall notify the department immediately of any circumstances that do not permit periodic .
updates as required. Results shall be submitted in a format prescribed by the department.
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(5) The canvassing board shall submit on forms or in formats provided by the division unofficial
returns to the Department of State for each federal, statewide, state, or mutticounty office or ballot
measure no later than noon on the third day after any primary election and no later than noon on the
fourth day after any general or other election. Such returns shall include the canvass of all ballots as
required by subsection (2).
(6) If the county canvassing board determines that the unofficial returns may contain a counting
error in which the vote tabulation system failed to count votes that were property marked in accordance
with the instructions on the ballot, the county canvassing board shall:
(a) Correct the error and retabutate the affected ballots with the vote tabulation system; or
-(b) Request that the Department of State verify the tabulation software. When the Department of
State verifies such software, the department shalt compare the software used to tabulate the votes with
the software filed with the department pursuant to s. 101.5607 and check the election parameters.
(7) If the unofficial returns reflect that a candidate for any office was defeated or eliminated by one
-half of a percent or less of the votes cast for such office, that a candidate for retention to a judicial
office was retained or not retained by one -half of a percent or less of the votes cast on the question of
retention, or that a measure appearing on the ballot was approved or rejected by one -half of a percent
or less of the votes cast on such measure, a recount shall be ordered of the votes cast with respect to
such office or measure. The Secretary of State is responsible for ordering recounts in federal, state, and
mutticounty races. The county canvassing board or the local board responsible for certifying the election
is responsible for ordering recounts in all other races. A recount need not be ordered with respect to the
returns for any office, however, if the candidate or candidates defeated or eliminated from contention
for such office by one -half of a percent or less of the votes cast for such office request in writing that a
recount not be made.
(a) Each canvassing board responsible for conducting a recount shall put each marksense ballot
through automatic tabulating equipment and determine whether the returns correctly reflect the votes
cast. if any marksense ballot is physically damaged so that it cannot be property counted by the
automatic tabulating equipment during the recount, a true duplicate shall be made of the damaged
ballot pursuant to the procedures in s. 101.5614 Immediately before the start of the recount, a test
of the tabulating equipment shall be conducted as provided in s. 101.5612 If the test indicates no error,
the recount tabulation of the ballots cast shall be presumed correct and such votes shalt be canvassed
accordingly. If an error is detected, the cause therefor shall be ascertained and corrected.and the
recount repeated, as necessary. The canvassing board shall immediately report the error, along with the
cause of the error and the corrective measures being taken, to the Department of State. No later than
11 days after the election, the canvassing board shall file a separate incident report with the
Department of State, detailing the resolution of the matter and identifying any measures that will avoid
a future recurrence of the error.
(b) Each canvassing board responsible for conducting a recount where touchscreen ballots were used
shall examine the counters on the precinct tabulators to ensure that the total of the returns on the
precinct tabulators equals the overall election return. If there is a discrepancy between the overall
election return and the counters of the precinct tabulators, the counters of the precinct tabulators -shalt
be presumed correct and such votes shall be canvassed accordingly.
(c) The canvassing board shall submit on forms or in formats provided by the division a second set of
unofficial returns to the Department of State for each federal, statewide, state, or mutticounty office or
ballot measure. The returns shalt be filed no later than 3 p.m. on the 5th day after any primary election
-and no later than 3 p.m. on the 9th day after any general election in which a recount was ordered by
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the Secretary of State. If the canvassing board is unable to complete the recount prescribed in this
subsection by the deadline, the second set of unofficial returns submitted by the canvassing board shall
be identical to the initial unofficial returns and the submission shall also include a detailed explanation
of why it was unable to timely complete the recount. However, the canvassing board shall complete the
recount prescribed in this subsection, along with any manual recount prescribed in s. 102.166 and
certify election returns in accordance with the requirements of this chapter.
(d) The Department of State shall adopt detailed rules prescribing additional recount procedures for
each certified voting system, which shall be uniform to the extent practicable.
(8) The canvassing board may employ such clerical help to assist with the work of the board as it
deems necessary, with at least one member of the board present at all times, until the canvass of the
returns is completed. The clerical help shalt be paid from the same fund as inspectors and other
necessary election officials.
(9)(a) At the same time that the official results of an election are certified to the Department of
State, the county canvassing board shall file a report with the Division of Elections on the conduct of the
election. The report must describe:
1. All equipment or software malfunctions at the precinct level, at a counting location, or within
computer and telecommunications networks supporting a county location, and the steps that were taken
to address the malfunctions;
2. All election definition errors that were discovered after the logic and accuracy test, and the steps
that were taken to address the errors;
3. All ballot printing errors or ballot supply problems, and the steps that were taken to address the j
errors or problems;
4. All staffing shortages or procedural violations by employees or precinct workers which were
addressed by the supervisor of elections or the county canvassing board during the conduct of the
election, and the steps that were taken to correct such issues;
5. All instances where needs for staffing or equipment were insufficient to meet the needs of the
voters; and
6. Any additional information regarding material issues or problems associated with the conduct of
the election.
(b) If a supervisor discovers new or additional information on any of the items required to be
included in the report pursuant to paragraph (a) after the report is filed, the supervisor shall notify the
division that new information has been discovered no later than.the next business day after the
discovery, and the supervisor shall file an amended report signed by the supervisor of elections on the
conduct of the election within 10 days after the discovery.
(c) Such reports shall be maintained on file in the Division of Elections and shall be available for
public inspection. The division shall utilize the reports submitted by the canvassing boards to determine
what problems may be likely to occur in other elections and disseminate such information, along with
possible solutions, to the supervisors of elections.
(10) The supervisor shall file with the department a copy of or an export file from the results
database of the county's voting system and other statistical information as may be required by the
department, the Legislature, or the Election Assistance Commission. The department shall adopt rules
establishing the required content and acceptable formats for the filings and time for filings.
1 History. —s. 46, ch. 6469, 1913; RGS 350; CGL 407; s. 11, ch. 13761, 1929; s. 6, ch. 26870, 1951; s. 1, ch. 57 -104; s. 6, ch.
65 -129; s. 19, ch. 73 -334; s. 26, ch. 77 -175; s. 47, ch. 79 -400; s. 18, ch. 84 -302; s. 4, ch. 86 =33; s. 600, ch. 95 -147; s. 41, ch.
2001 -40; s. 20, ch. 2002 -17; s. 26, ch. 2003 -415; s. 58, ch. 2005 -277; s. 33, ch. 2007 -30; s. 14, ch. 2010 -167; s. 43, ch. 2011-
40; s. 19, ch. 2013 -57.
I
http: / /www. leg. state. fl.us/ Statute s /index. cfm? App_ mode = Display _Statute& Search_String... 11/6/201.)