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F- 1
LA
CITY COUNCIL
SPECIAL MEETING
CITY OF PALM BEACH GARDENS
MARCH 12, 1980
A Special Meeting of the City Council was called to order by Mayor Samuel
Laurie at 5:00 P.M. in the Assembly Room aL the Municipal Complex, 10500
North Military Trail, Palm Beach Gardens, Florida.
ROLL CALL: The roll was called by the City Clerk and present were: Mayor Laurie,
Vice Mayor Kiedis, Councilman Aldred, Councilman Feeney, and Councilman
Martino. City Manager John Orr and Attorney William Brant were also in
attendance.
PURPOSE: The Special fleeting was called for the purpose of opening the absentee
ballots and canvassing the votes of the General and Special Referendum
Elections held March 11, 1980,
CANVASSING OF The absentee ballots were checked or, Elects �, 0ay, Marr_h 11, 1980, with the
VOTES_ County Registrafian Books; and a last of the names and addresses of those
that voted absentee were forwarded by certifi -d mail to the County Supervisor
of Clections to be marked as voting in the City's General Election.
The City Clerk /Deputy Supervisor of Elections read the names and addresses
of the absentee voters, as follows:
Precinct 31
Sheila J. f1c•Callum
702 - 7th Court
Precinct 42
lhomas R. Sewall
4285 Althea Way
`dwin D. f•"cConkey
4355 Fuechin Cir. S
Robert Larle Rabb
4452 CardPnia Dr.
Stanley F. Wagner
4791 Applecrest Dr.
Grace C. Wagner
4291 Appiecrest Dr.
Reginal' F. Sherry
9099 Demery Drive
City Council SpEcjal Meeting, 3/12/80
Precinct 45
Teresa M. Herbert
3898 Carnation Cir. N.
Joan K. Perry
394 Riverside Drive
John F. Weber
321 Azalea St.
Precinct L7
Joseph D. McC.7rthy
5570 Tamberlone Cir.. Apt. 228
Virginia G. Koesters
&738 Hc]ly Drive
Charles M. Breder, III
4151 Pagnolia Street
Page 2
By a unanimous vote of the Council /Canvassing Board, the ballot of Mr.
Reginald F. Sherry, 9099 Demery Drive (Precinct 42) was marked "rejected
as illeaal" as the requirements of Section 101.65, Florida Statutes, were
not satisfied by the registered voter (i.e.. the ballot was not placed into
the plain white envelope prior to being placed into the mailing envelope.).
The twelve absentee votes were added to the count certified by Ms. Jackie
Aft Winchester, Palm Beach County SupeLvisor of Elections, as the "correct
count of the ballots received in the election on March 11, 1980" and
inserted in the appropriate blanko o` Resolutinn 16, 1960.
RESOLUTION 16, By a unanimous vote of the Council, the City Clerk read in full Resolution
190 16 1980, declaring thn results of the Gencral
and Special Referendum
Elections of the City held March 11, 1980.
A motion was made by Councilman Feeney, seconded by Councilman Aldred,
that the City Council /Canvassing Board adopt Resolution 16, 1980, as read.
Councilman Kiedis noted tnat there was a significant discrepancy between
the total amount of ballots tabulated versus the amount of votes recorded
in each group (i.e.. a total of 3748 ballots were tabulated; a total of
3367 votes were recorded in Group 2, a total of 3487 votes were recardea
in Group 4, and a total of 3151 were recorded in the Special Referendum
Election); and expressed concern that perhaps when an elector made an effort
to cast a vote for the candidate of his /her choice, he /she did not penetrate
the ballot card sufficiently enough for the computer to read it properly.
® The other members of the Council /Canvassing Board concurred with this item
of concern.
City Council Special Meeting, 3/12/80 Page 3
Michael Martino, COUnc.11man /Member of the Canvassing Board and candidate
for Councilman in Group 4, officially filed with the City Council /City of
Palm Beach Gardens Canvassing Board a "Protest Of Election Returns Of
Canvassing Board" as provided in Section 8 -72, Palm reach Gardens Code
(Chapter 8) and Section 102.166(1), Florida Statutes. This protest, which
is teased on various reasons and essentially requests a "recount" of the
ballots, h7s been attached and made a part of these minutes.
Mr. Martino advised that he also has under consideration the filing of a
"Protest Of Election Returns To Circuit Judge" as provided in Section
102.166(2), Florida Statutes. This protest would include the fact that
non - residents of the City are registered voters in the City's precincts
and may have voted in the City's General and Special Referendum Elections
on March 11, 1980.
Mr. Martino also advised that he may be chdlienging the legality of candi-
dates soliciting votes at the entrance rte i to the City's Precincts 42 & 47
on Military Trail while the General Election was in process.
In reference to the above, the City Attorney advised the City Council/
Am Canvassing Board that he had rendered to the City Administration a legal
interpretation of State Statute 104.26- Solicitation Near Polling Places;
and his opinion was that the distance of 100 yards L; mea.;ured from any
point on the outside perimeter of the immediate chamber in which the
voting is being conducted.
The City Attorney was requested to prepare a cover letter to accompany
Mr. Martino's official protest, to be filed with the Palm Beach County
Supervisor of Elections requesting the "recount" at the earliest possible
date.
Dick Feeney, Councilman /Member of the Canvassing Board, the City Clerk/
Deputy Supervisor of Elections, the City Manager, and the City Attorney will
oe in attendance during the "recount ".
By a unanimous vote of the Council /Canvassing Board, this Special Meeting
was recessed at 6:30 P.M. until 7:30 P.M. on March 13, 1980.
tL J
PROTEST OF ELECTION RETURNS TO
CANVASSTh', BOARD
Palm Beach Gardens, Florida
19 py
/See. 6"72 - i li�F-�/t'� PACE¢ G,4/ZpPry,s C'o De �C' / /Aj�re�C K� fiN D
As provided in/Section 102.166(1), Florida Statutes, I,
of f�� tia & A c/Y County, Florida, believe the election returns from Precinct
No 3! �, he Y�gJck 0 election 196-0 are erroneous.
I hereby prutest the canvass of such returns by the
Canvassing Board, and request that said returns be investigated, examined, checked, and
corrected by said Canvassing Board. The basis for Lhis protest is
A99-II/P cCAI s ��</.ic.vcEA f',/ Co,..4cl /i r 411 -c/ /t 1!7 .
J� /SC�c ?o��ciCS -N !✓a _moo,' �cS /nt G u, rp �� vats r�2ic�S
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Cty Cfr'tec.�- 14'ri4 rer-/!c. % U_' ?.O e: C-A ;r.v%T'r .
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Under penalties of perjury, I swear (or affirm) that I have read the foregoing and that
the facts alleged are true, to the best of my knowledge and belief.
�V
Signature of Person protesting election returns
Clerk of the City of Palm
each Gardens do hereby certify •.act trhrs i; a true copy
as taken from the of,icrai records of the C':Y of Pclm
Beach Gardens_ '
7—Y .'
J.�d�.(ham
�� CRy_Clerk, , Deputy Clerk ~