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.
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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
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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
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