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Agenda 01/14/2014 Item # 12A 1/14/2014 12.A. EXECUTIVE SUMMARY Recommendation to appoint a member and an alternate member to the County Canvassing Board for the 2014 Election Cycle. OBJECTIVE: To appoint a member of the Board to serve on the canvassing board, as well as an alternate. CONSIDERATIONS: 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) 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 (l)(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. Packet Page-387- 1/14/2014 12.A. The appointment is being requested at this time because the Florida State Association of Supervisors of Elections provides a Canvassing Board Workshop prior to the commencement of each election cycle to help prepare Canvassing Board Members as to changes in election laws and to educate them as to their role in the election process. The Canvassing Board Workshop is scheduled for January 31, 2014, in Orlando, Florida. Finally as a reminder to the Board, the Florida Division of Elections has defined the circumstances 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 and an alternate member to serve as its representative on the Collier County Canvassing Board. Prepared by: Jeffrey A. Klatzkow, County Attorney 2 Packet Page -388- 1/14/2014 12.A. COLLIER COUNTY Board of County Commissioners Item Number: 12.12.A. Item Summary: Recommendation to appoint a member and an alternate member to the County Canvassing Board for the 2014 Election Cycle. Meeting Date: 1/14/2014 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal,County Attorney 12/20/2013 10:03:44 AM Submitted by Title: County Attorney Name: KlatzkowJeff 12/20/2013 10:03:46 AM Approved By Name: KlatzkowJeff Title: County Attorney Date: 12/20/2013 3:08:39 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 12/20/2013 3:39:46 PM Name: KlatzkowJeff Title: County Attorney Date: 12/26/2013 8:31:17 AM Name: OchsLeo Title: County Manager Date: 1/6/2014 9:07:31 AM Packet Page -389-