Agenda 02/23/2016 Item #10A 2/23/2016 10.A.
EXECUTIVE SUMMARY
Recommendation to appoint an alternate member to the County Canvassing Board for the
2016 Election Cycle.
OBJECTIVE: To appoint an alternate member to serve on the canvassing board.
CONSIDERATION: This Executive Summary was prepared at the request of the Supervisor of
Elections.
Florida Statutes 102.141 states, in relevant part, as follows:
(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:
* * * * * * *
(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 opposition
in the election being canvassed.
(e)(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 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).
(emphasis added)
* * * * * * *
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2/23/2016 10.A.
Paragraph one (1) above sets forth the required composition of the canvassing board,
which includes the chair of the board of county commissioners. Subsections (1)(c) and (d) and
(1)(e)(2) state the procedure in a substitute member to the canvassing board in the event that the
county commission's chairman is unable to serve and an selecting an alternate member.
At its April 14, 2015 regular meeting (Item 12-A), the Board of County Commissioners
selected Commissioner Penny Taylor as its representative and recognized Dudley Goodlette's
willingness to serve as an alternate member. By email dated February 16, 2016, Mr. Goodlette
resigned from this appointment. The purpose of this agenda item is to address the vacancy
created by Mr. Goodlette's resignation.
As a reminder to the Board, the Florida Division of Elections has defined the circumstance
by which a commissioner is disqualified to serve on a canvassing board by becoming an "active
participant" in the campaign or candidacy of any candidate who has opposition in the election
being canvassed. To be an "active participant," one undertakes an action intentionally to
demonstrate or generate public support in favor of a candidate. Merely making a campaign
contribution may not be sufficient, in itself, to become an "active participant." Rather, an active
participant would include activities such as: "being a member of an election or re-election
committee for a candidate; public endorsement with or without financial support of a candidate;
holding campaign signs, wearing a campaign tee-shirt, or other public display of support for a
candidate; signing an endorsement card for a candidate; attending a candidate's campaign
fundraiser; or chairing or co-chairing an ongoing election campaign or fundraiser for a
candidate." See DE-09-07 (October 15, 2009).
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval. -JAK
RECOMMENDATION: That the Board of County Commissioners selects a member to serve
as an alternate member on the Collier County Canvassing Board for the 2016 Election Cycle, or,
in the event a substitute member or alternate member cannot be appointed as provided in Section
102.141, Florida Statutes, submit a request to the chief judge of the 20th Judicial Circuit to
appoint a qualified elector as a substitute member or alternate member.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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2/23/2016 10.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.A.
Item Summary: Recommendation to appoint an alternate member to the County
Canvassing Board for the 2016 Election Cycle.
Meeting Date: 2/23/2016
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
2/17/2016 11:15:51 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
2/17/2016 11:15:53 AM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2016 11:25:05 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 2/17/2016 11:27:47 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/17/2016 1:28:55 PM
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