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HomeMy WebLinkAboutOrd 1959-042 ElectionsPage — • • • ORDINANCE #42 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLCRIDA, PRESCRIBING THE QUALIFICATIONS FOR ELECTIONS: PROVIDING FOR THE REGISTRATION OF ELBrTCRS; PRESCRIBING THE METHOD OF HOLDING ELECTIONS AND ASCERTAINING THE RESULTS THEREOF; PROVIDING FOR ABSENTEE VOTING; PRESCRIBING RULES AND REGULATIONS FOR THE HOLDING OF PRIMARY GENERAL AND SPECIAL ELECTIONS IN SAID TONN; DEFINING CERTAIN OFFENSES AGAINST THE ELECTION LAWS OF THE TOWN; PRESCRIBING A PENALTY FCR A VIOLATION THEREOF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. WHO ARE QUALIFIED ELECTORS: Any person who has reached the age of twenty-one years who shall, at the time of the election at which such person may tender his or her vote, be a citizen of the United States and of the State of Florida, and shall have resided within the corporate limits of the Village of North Palm Beach for a period of more than six months preceding said elections, and shall have complied with the ordinance of the Village of North Palm Beach relating to the registration of electors therein, and shall have complied in all other respects with the provisions of the laws of the State of Florida and the Constitution of the State of Florida, shall be entitled to vote in any municipal election of said Village and shall be deemed a qualified elector at any such election held under and pursuant to the authority and laws of the Village of North Palm Beach. Section 2. PERSONS NOT QUALIFIED TO VOTE: The following persons are not entitled to vote, to wit: a. Persons not registered; b. Persons under gaurdianship or confined in any State prison; c. Persons insane or idiotic; d. Persons convicted of any felony by any court of record and whose civil rights have not been restored; e. Persons convicted of bribery, perjury, larceny, or any infamous crime in this or other states, or interested in any wager depending upon the result of any election. Section 3. VILLAGE CLERK TO BE SUPERVISOR OF REGISTRATION; DEPUTIES. The Village Clerk shall be the Supervisor of registration in the Village of North Palm Beach and may appoint such deputies. Page • • • • Section 4. TIME AND PLACE OF REGISTRATION: Upon the passage of this ordinance it shall be the duty of the Super- visor of Registration to_provide and open a registration book for the purpose of registering or reregistering all such persons as may desire to register and qualify to vote in any primary, general or special election to be hereafter held in the Village of North Palm Beach, Florida. The Supervisor of Regis- tration shall keep the registration book of the Town open at his office from 10:00 A. M. to 12:00 Noon and from 2:00 P. M. to 5:00 P. M. on each week day (except Saturdays, Sundays and holidays) provided, however, such registration book shall be closed beginning ten days next preceding any primary or special election and shall remain closed until after the next succeeding general election or special election. Section 5. SUPERVISOR TO DELIVER BOOKS AND PAPERS TO SUCCESSOR: Upon the on the appointment liver over to this removal or resignation of the Supervisor of Registration, of his successor, it shall be his duty to immediately de - successor all the books and papers and other paraphernalia pertaining to his office. Section 6. OATH AND IDENTIFICATION OF ELECTOR FCR REGISTRATION: Upon application for registration, each elector shall be required to take and prescribe the following oath: "I do solemnly swear (or affirm) that I will protect and defend the Constitution of the United States and of the State of Florida; that I am twenty-one years of age; that I am a citizen of the United States and of the State of Florida; and that I have been, or at the time of holding the next election will have been, a resident of the Village of North Palm Beach, Florida, for a period of six months. That I am qualified to vote in such Village election under the Charter of the Village of North Palm Beach, the Constitution of and laws of the State of Florida." Section 7. PUBLICATION OF LIST OF QUALIFIED ELECTORS: The Supervisor of Registration shall prepare a certified list of the registered and qualified electors of the Village, alaphabetically arranged, and shall publish said list by poasting on the bulletin board at the Village Hall for a period of not less Section 8. REGISTRATION If any elector shall sign the elector's If physical infirmity is state that fact, and the register. If illiteracy than five days preceding each election. OF PHYSICALLY DISABLED AND ILLITERATE PERSONS: is unable to sign his name, the Supervisor of Regis - name for him and enter his reasons upon the register. the reason for inability to write, the elector shall Supervisor of Registration shall so indicate in the is claimed as reason for inability to write upon the registration book, then upon submitting satisfactory proof that such person cannot write his own name, the applicant may be allowed to register in the Page • • • registration book by using the "X" mark as means of writing his signature. The Supervisor, shall in addition to entering such facts on the books, enter a full description of the person, giving his height, approximate weight, color, complexion and color of eyes. Section 9, FREEHOLDER DEFINED. Any person is deemed a freeholder who has an immediate ownership, interest or equity in the title to a fee simple estate in land situate in the Village of North Palm Beach. Section 10. REGISTRATION OF FREEHOLDERS: The Supervisor of Registration shall require every person regis- tering to state under oath or affirmation whether he is a freeholder and record it opposite his name in the registration books. The Village Council may at any time call for a registration of freeholder electors for the pur- pose of securing a new and up-to-date list of freeholders to be used for qualifying freeholder electors to participate in any ellection called for the purpose of approving the issuance of bonds of the Village or for the purpose of approving an act with reference thereto. The latest list of re- registered, qualified freeholders shall supersede prior lists and in any 14t''*ID election held after re -registration of freeholders, the power to issue bonds shall be based upon the approval by a majority of votes cast in an election in which a majority of re -registered freeholders who re -registered and are qualified shall participate. The Village Council shall be responsible for calling for such re -registration, notifying the Supervisor, and shall publish the calling of such re -registration in a newspaper of general circulation in the Village and once each week for four consecutive weeks, stating the pur- pose and use of such re -registration. The registration books shall be kept open for at least sixty days and closed at least twenty days prior to the hold- ing of any bond election at which time a certified number of re -registered free- holders shall be available as provided by law. Section ll REGISTRATION AND FREEHOLDERS' PROOF: Qualifications and registration of electors participating in any bond election are the same as prescribed in voting in any election under the general election law and in addition, they shall submit proof by affidavit, tax receipt, deed or certified copy of deed before the registration officer that they are freeholders who are qualified electors residing in the Village of North Palm Beach. Page • • • • Section 12. SUPERVISOR TO FURNISH ELECTION BOARD WITH CERTIFIED LIST OF QUALIFIED ELECTORS: The Supervisor of Registration shall furnish the Election Board with a certified, alphabetical list of the registered and qualified electors of the Village prior to the opening of the polling place in any election. Section 13. TOWN REGISTER OPEN TO INSPECTION; COPIES: The registration books are public records. Every citizen of the Village is allowed to examine the books while they are in the cuatody of the Supervisor but is not allowed to make copies or extracts therefrom. The Supervisor may furnish copies of the name, occupation, color and residence of any elector upon reasonable compensation, but shall not furnish in writing any other information contained in the books. Section 14. COUNCIL TO REVISE REGISTRATION LIST: The Supervisor of Registration shall, upon the day the registration books are closed, certify in writing to the Village Council, to the best of his knowledge and belief, the names of any persons who have died or who have become ineligible to vote and whose names have been stricken from the regis- tration books. It shall be the duty of the Village Council to forthwith publish, by posting on the bulletin board at the Village Hall, a list of the names, alphabetically arranged, that have been erased or stricken from the registration books, and also a list of names which registration thereof was refused, and who shall, within not less than five days prior to the date of the election to be held, make such fact appear to the satisfaction of the Village Council, be entitled to have his or her name restored to the regis- tration rolls. Section 15. DATE OF GENERAL AND RUNOFF ELECTIONS: The general annual election in the Village of North Palm Beach shall be held in the Village on the third Tuesday in March of each year, and special runoff election shall be held on the fourth Tuesday of March in each year. Section 16. SPECIAL ELECTIONS: Special elections shall be held for such purposes as may be required and as provided for by law. Section 17. NOTICE OF GENERAL ELECTIONS: The Village Clerk shall cause to be published at least 15 days next preceding any general election, once, in a newspaper of general circulation in the Village of North Palm Beach, a notice stating the date of such election, the offices to be filled, and the time and place where such election shall be held; and if there be one or more propositions to be voted upon, state in sub- stance the character of the propositions to be voted upon. In addition, such Page__ • • • • notice shall be given by posting a copy thereof in at least three public and conspicuous places in the Village, one of which shall be the bulletin board in the Village Hall. Section 18. NOTICE OF SPECIAL ELErTION: Whenever any special election for any purpose is required to be held, the Villlage Council shall, by resolution, declare on what day the same shall be held, whereupon notice thereof shall be published in one or more newspapers of general circulation in the Village of North Palm Beach and not less than thirty days or more than sixty days prior to said election. Notice shall also be given by posting within said time copies thereof in three public and conspicuous places in the Village, one of which shall be the bulletin board of the Village Hall. Such notice shall state the date upon which the election is to be held, the vacancies to be filled or the purpose or purposes for which such election is to be held, as the case may be. Section 19. POLLING PLACE: The polling place of the Village of North Palm Beach shall be as hereinafter designated from time to time by the Village Council. Section 20. HOURS POLLS OPEN: The polls shall be open at 7:00 o'clock A. M. on election day and shall remain and kept open continuously until 7:00 o'clock P. M. on the same day. Section 21. APPOINTMENT OF INSPECTORS AND CLERK OF ELECTION: For the purpose of carrying on and conducting of general elections and special elections, it shall be the duty of the Village Council, at least twenty days prior to the holding of any election in the Village, to appoint at least three inteligent, discreet, fair-minded, qualified inspectors and one clerk of election for each polling place, all of whom shall be residents and registered, qualified electors of the Village. The Village Council shall cause the names of each inspector and clerk of said election to be published in a newspaper of general circulation in the Village and by posting such notice on the bulletin board at the Village Hall for a period of not less than fifteen days next preceding such election, whether the same be general or special. Only the names of the inspectors and clerks first selected by the Village Council shall be required to be published for the prescribed fifteen day period. Section 22. FILLING VACANCY ON ELECTION BOARD: In the case of absence or refusal to act of any inspector or clerk Page • • • • appointed by the Village Council, the remaining inspectors and clerk at any polling place may fill all vacancies from the registered and qualified electors of the Village, and provided that the Council shall not have filled such vacancy prior to the date of holding any such election. Section 2 . INSPECTORS AND CLERKS TO TAKE OATH: The inspectors and clerks of election shall before entering upon the duties of their offices take and subscribe an oath or affirmation to the effect that they will perform the duties of inspector and clerk res- pectively, according to law, and endeavor to prevent any fraud, deceit or abuse in conducting the election. Such oath may be taken before the Village Clerk or any officer authorized to administer oaths and shall be filed with the Supervisor of Registration. Section 24. MATORITY OF ELECTION BOARD TO RULE: One inspector shall act as the Chairman of the Election Board at each polling place. In any and all questions that may arise before said inspectors of elections, the decision of the majority of them shall decide the question. Section 25. INSTRUCTION OF ELECTION OFFICIALS: The Supervisor of Registration and the Village Council shall, prior to each election, give such instruction as necessary to the members of the Election Board concerning their duties for the proper conducting of the election and for the proper operation of voting machines. Such instruction shall be given not more than ten days prior to the date of the election and as near to each election as practicable. This shall not be construed to mean that instruction is required to be given to each election board before each election but to provide for instruction of election boards needing instruction in order to properly perform their duties. Section 26. SUPERVISOR TO FURNISH ELECTION OFFICIALS REGISTRATION BOOKS, BLANKS, FORMS AND ELECTION LAWS: The Supervisor shall furnish the inspectors and clerk of each poll- ing place a sufficient number of blanks, forms and copies of election laws for their use in the election. Section 27. POLICE AT POLLING PLACE: The Council may designate one of the officers of the police force of the Village for each polling place, who shall be required to be present during the whole of the time the polls axe kept open and until the election is completed. He shall be subject to all lawful commands of the inspectors, Page and shall see that there is no interruption of good order. Such police officer shall have the power to maintain peace and to summon a posse from among the by-standers to aid him in maintaining the peace and good order at the polls. Section 28. WATCHERS AT POLLING PLACE: A watcher is any duly registered, qualified elector of the Village who has been authorized as herein provided by a qualified candidate to re- present such candidate at the polling place. A candidate may act as his own watcher, but only one watcher for each candidate shall be allowed in each polling place. No watcher shall be allowed to come closer than fifteen feet from the officials' table or voting machines, but are allowed within the poll - room to watch and observe the conduct of electors and officials. Except that he may remain in the room where the election is being held, a watcher may have no privileges or immunity not enjoyed by other electors of the Village. Except where a candidate acts as his own watcher, a watcher before being permitted to act as such, shall file with the inspectors of the election a written certificate, signed and acknowledged by the candidate whom such watcher is to represent, before an officer duly authorized to administer oaths, in substantially the following form; Village of North Palm Beach, Florida A. D., 19 To the Inspectors of Election of the Village of North Palm Beach, Florida This is to certify that I have appointed , a registered and qualified elector of the Village of North Palm Beach, Florida, to represent me as watcher at the election to be held in the Village of North Palm Beach on the day of , A. D. 19 Candidate for Sworn to and subscribed before me this day of , 19 The watchers are required to furnish their own materials and necessities and shall not obstruct the orderly conducting of any election. During the election, the officials are required to call out the names of electors loud enough to be heard by the Page ____ • • • • ,watchers. Section 29. PERSONS ALLOWED IN POLLING PLACE: As many electors are permitted to vote as there may be booths or voting machines available, but no person is permitted, under any pre- tense, to come within fifteen feet from any polling place whatever from the opening of the polls until the completion of the counting of the bal- lots and certificates of return except the police, the inspectors and clerks of election. No sheriff, deputy sheriff or city policeman shall enter the polling place without the permission of a majority of the in- spectors, except to cast his ballot. Section 30. COMPENSATION OF INSPECTORS AND CLERKS: Inspectors and clerks of any election shall be paid for their services by the Village in such sum as may be determined from time to time by the Village Council. Section 31. INSPECTORS TO MAINTAIN GOOD ORDER: The inspectors of election shall have full authority to maintain order at the polls and enforce obedience to their lawful commands during an election and during the canvass and estimate of the votes. Section 32. CANDIDATE FCR OFFICE: Any qualified elector and freeholder within the Village may be- come a candidate for any office to be filled at any election by paying to the Village Clerk a qualifying fee in the sum of $10.00 and by filing with the Village Clerk, during the last ten days of February in the year of the election, a written notice that he or she intends to be a candidate of such election. Such written notice shall state the number of the group in which the candidate seeks to be elected, his place of residence, his age, and a description of the real property owned by him in the Village. Such notice shall also request that the name of the candidate be placed upon the bal- lot to be prepared for said election and, in addition, shall be signed .by said candidate. The deadline for the qualifying of candidates in any election shall be at 5:00 o'clock P. M., Eastern Standard Time, on the last day for qualifying prior to the election. Section 33. PRESERVATION OF NOTICE OF CANDIDACY: The Village Clerk shall preserve all notices of candidacy filed under the provisions of this ordinance for a period of six months after the elections for which such notices are filed. Section 34. DIRECTION FOR PREPARATION OF BALLOTS: Immediately upon the experation of the time for the filing of Page notice of candidacy for any election, the Village Council shall de- termine the names which should appear upon the ballot and the Super- visor of Registration shall arrange for the preparation of the ballots. Section 35. ELECTION OF VILLPGE COUNCIL BY GROUPS: The selection of members of the Village Council shall be by groups to be known as Groups 1, 2, 3, 4 and 5. The Councilmen in Groups 1, 3 and 5 shall be elected in the even years and Councilmen in Groups 2 and 4 shall be elected in the odd years. At the first annual election to be held in March, 1959, Councilmen in Groups 2 and 4 shall be elected to a two year term, and every two years thereafter Council- men shall be elected in said groups for a two year term. At the elect- ion to be held in March, 1960, Councilmen in Groups 1,3 and 5 shall be elected to a two year term to expire in 1962 when Councilmen in said groups shall be elected to a two year term and every two years there- after, Councilmen in said groups shall be elected to two year terms. The term of office of Councilmen shall commence on the first Monday in April and shall continue for two years thereafter and until their successors are elected and qualified. Section 36. METHOD OF DETERMINING PERSON ELECTED AT GENERAL ELECTION: The candidate for each group receiving the highest vote cast for such office shall be deemed elected to such office. In the event of a tie vote between candidates receiving the highest number of votes cast for any office, the names of all such tied candidates shall be placed on the ballot and be voted upon at an ensuing runoff election to be held on the succeeding Tuesday. Such election shall be held in the same manner and by the same officers holding the previous election. No notice need be given of such election or of any election hereunder. In the event of such runoff election, there shall appear on the ballot, and be voted upon, only the names of the two persons receiving the highest vote cast for such office or offices. Section 37. SUPERVISOR OF REGISTRATION TO GIVE CERTIFICATE TO PERSON ELECTED: The Supervisor of Registration shall give to the person or persons who shall be elected a certificate of his or her election and the Supervisor of Registration shall give to any person desiring a copy of such returns from the records a certified copy thereof, or such part thereof as may be desired, upon payment to him of the customary fees for copying and certifying papers in the office of the Clerk of the Circuit Court. Section 38. VOTING MACHINES MAY BE USED; STATE LAW APPLICABLE: Voting machines may be used in any general, runoff and special elections held with the Town. In such event, the provisions of Chapters 101 and 102 FLORIDA STATUTES 1957, as relevant to machine voting shall Page,____ • • • apply, and, by reference, are made a part hereof. Section 39. VOTING: When ballots are used, each elector shall be given a ballot by the inspectors. Before delivering the ballots to the elector, one of the inspectors shall write his initials or name on the stub attached to the ballot; then the elector shall, without leaving the polling place, retire alone to a booth or compartment provided, and place an "X" mark by the name of the candidate of his choice for each office to be filled, and likewise mark an "X" after the answer he desires in case of a question submitted to a vote. No ballot shall be voided or declared invalid in any election by reason of the fact that the same is marked other than with an "X", so long as there is a clear indication thereon to the election officials that the person marking such a ballot has made a definite choice, and provided, further, that the mark placed on said ballot with respect to any candidate by any such voter shall be located in the square or indicated space on the ballot opposite such candidate's name. Section 40. INSTRUCTIONS FOR ELECTORS: The Village Council shall provide instructions for the electors in preparing their ballots. They shall provide not less than four (4) cards for each voting precinct and furnish them to each Supervisor at his request. It is the duty of the Supervisors to send a sufficient number of these cards with the ballot boxes to the precincts prior to an election. It is the duty of the election inspectors to display the cards in the election booths as information for electors. The cards shall contain information about how to obtain ballots, how to prepare ballots for depositing in the ballot box, how to obtain a new ballot in place of one accidently spoiled and such other information as the Village Council may deem necessary. Section 41. SECRET VOTING: In all elections held on any subject which may be submitted to a vote and for all public officials, the voting shall be by secret, of- ficial ballots, printed and distributed as provided by this code, and no ballot shall be recevied or counted in any election except as prescribed by this code. Section 42. EXAMINATION BY ELECTION BOARD OF PHYSICALLY INFIRM ELECTORS: (1.) Where any elector is unable to write, or is incapacitated for writing, or because of blindness, or inability to read, or physical incapacity, or is unable to prepare his ballot and such disability is Page,_,__, • • • • shown on the registration record, the clerk or one of the inspectors shall place the person under oath and orally examine him according to the form provided below, which form the clerk or inspector shall fill out in his own handwriting and certify to in the space provided for his signature. The form is in lieu of indentification slips, and the elector shall present the form to the clerk or inspector in charge of the booth, which clerk or inspector shall certify, sign and deposit the form in the container for identification slips. This form shall be as follows: I hereby certify that an applicant to vote stated that he could not write, whereupon I propounded the following questions to the applicant. 1. Hold up your right hand. Do you solemnly swear that the answers you give to these questions are true, so help you God? election? 2. What is your name? 3. Your age? Your sex? 4. Your address? 5. Your occupation? 6. Your political party? 7. Why are you unable to write? 8. Did you previously present yourself and have your name, , entered on the registration books in time for this 9. Are you a duly qualified elector in this precinct? 10. Are you physically able to cast your vote? (If answer is "no", then ask: (a) Do you now request assistance in voting? . (b) Why do you need such assistance? Ifurther certify that I correctly wrote in the answers as given by the applicant and compared them with information on the registration books opposite the name given by the applicant and found the applicant qualified to vote. (clerk or inspector) Ihereby certify that this form, filled out and signed by an Page — • • • • election official of this precinct, was handed to me by the applicant who was personally known to me or who told me that his name and ad- dress was that shown on the form;and I admitted the applicant to the booth. (Signature of official preparing ballot) When assistance is given, election official or person giving assistance must sign below: (Note: It is unlawful to assist, or be in the booth with any elector unless such elector is blind, unable to read, or so physically incapacitated as to be unable to prepare his ballot and re- quest such assistance.) I certify that I assisted this elector in voting at his request. (Signature of clerk or inspector or person assisting elector to vote) (2) It shall be unlawful for any person to be in the voting booth with any elector, except as provided above. In such cases, only the elector may, upon request, be assisted by two election officials that he may select or some other person of his own choice who has not previously so acted for any other person during the election. The officials or person giving the assistance shall first be required to sign the certificate last provided above. (3) It shall be the duty of the Village Council to furnish a sufficient number of these forms to the Supervisor who shall deliver a sufficient number thereof to each voting precinct along with other election paraphernalia. Section 43. ASSISTANCE TO BLIND, DISABLED AND ILLITERATE ELB;TORS IN MARKING BALLOTS: Any elector applying to vote in any election who is blind, or has lost the use of his hand or hands, or because of illiteracy, and is unable to prepare his ballot may request assistance of two inspectors of his choice or some other person of his own choice who has not previously so acted for any other person during the election to mark his ballot without suggestion or interference from the inspect- ors. In all cases, any elector before retiring to the booth may have one of the clerks of the election read over to him the title of the offices to be filled and the candidates therefor. After the elector re- quests the aid of the two inspectors, they shall retire to the booth for the purpose of marking the elector's ballot for the candidates according to the elector's choice. All electors after voting are required to withdraw immediately from the voting place. Page�� • • Section 44. TO OCCUPY BOOTH ALONE; TIME ALLOWED ELECTOR: When the elector presents himself to vote, the election official shall ascertain whether his name is upon the register of electors, and if his name appears and no challenge interposes, or if interposed, be not sustained, one of the election officials stationed at the entrance shall announce the name of the elector and permit him to enter through the entrance to the booth to cast his vote, allowing only one elector at a time to pass through to vote. No elector while receiving, preparing and casting his ballot, shall occupy a booth longer than five minutes or be allowed to occupy a booth already occupied, or to speak with anyone except as provided by Sections 42 and 43 hereof, while in the polling place. If an elector requires longer than five minutes, then upon a sufficient reason he may be granted a .Longer period of time by the election officials in charge. After casting his vote, he shall at once leave the polling room by the exit opening, and shall not be permitted to re-enter on any pretext whatever. After the elector has voted, declined or fail- ed to vote within five minutes, he shall immediately withdraw from the place and go beyond the prohibited distance. If he refuses to leave after the lapse of five minutes, he shall be removed by the election officials. Section 45. ELECTOR TO DEPOSIT BALLOT: After preparing his ballot, the elector shall fold the ballot so as to conceal the face and show the stub attached with the name or in- itials of the inspector, and hand it to the receiving inspector who shall detach the stub and return the ballot to the elector to deposit in the ballot box in the presence of the inspectors. The detached stubs are numbered consecutively and filed by the inspectors. Section 46. MARKING MORE NAMES THAN PERSONS TO BE ELECTED: If the elector marks more names than there are persons to be elected to an office, or if it is impossible to determine the elector's choice, his ballot shall not be counted for the office; but this shall not vitiate the ballot as to those names which are properly marked, and nothing in this code is construed to prevent any elector, at any general election, from voting at a general election for any qualified person other than those whose names are printed on the ballot. Page Section 47. ELECTOR WHO SPOILS BALLOT. Any elector who shall by mistake, spoil a ballot, so he can- not safely vote the same, may return it to the inspectors who shall immediately detach the stub and destroy the ballot, without examination, and give the elector another ballot. In no case shall an elector be furnished with more than three ballots, or carry a ballot outside the polling room. The clerk of inspection shall keep a record of all ballots destroyed. Section 48. SPECIFICATIONS FOR BALLOTS; General election and runoff election ballots shall substantially conform to the following specifications: (1) The ballot shall be printed on paper of such thickness that the printing cannot be distinguished from the reverse side. (2) Across the top of the ballot shall be printed "Official Ballot" - General (or Runoff) Election", beneath which shall be printed the date of the election, the name of the Village and the precinct number, if any. Above the caption of the ballot shall be two stubs with perforated lines between the stubs and between the lower stub and the top of the ballot. The top stub shall be Stub #1 and shall have printed thereon, "General (or Runoff) Election, Official Ballot" and then shall appear the Village's name, the precinct number, if any, and the date of the election. On the left side shall be a blank line under which shall be printed "signature of elector". On the right side shall be "initials of issuing officer", and there shall be a blank line. The second stub shall be the same except there shall not be a space for the signature of the elector. Both Stubs #1 and #2 for each precinct shall be prenumbered consecutively, beginning with Number 1. (3) Beneath the captions and preceding the names of the candidates shall be the following words: "To vote for a person whose name is printed on the ballot, place a cross (X) mark in the square at the right of the name of the person for whom you desire to vote". The ballot shall have headings under which shall appear the names of the offices followed by the names of the res- pective candidates for the offices. Immediately following the name of each office on the ballot shall be printed, "Vote for one". In addition to the names of candidates who have qualified for such election space shall be pro- vided for a write-in candidate as to each office, and the ballot shall contain an instruction, "To vote for a person whose name is not printed on the ballot, write his name in the blank space provided for that purpose, and indicate your choice with a cross (X) mark". (4) Substantial compliance with the foregoing requirement shall be sufficient. Paget • • (5) All elections within the Village of North Palm Beach shall be non -partisan and no ballot shall contain any reference to or insignia of any political party. Section 49. PUBLIC MEASURE: Whenever a public measure shall be submitted to the vote of the people, the substance of such public measure shall be printed on the ballot one time, after the list of candidates, if any, followed by the phrase, "For the Amendment" and also by the phrase, "Against the Amend- ment", with a sufficient blank space thereafter for the placing of the symbol "X" to indicate the voter's choice. Section 50. NUMBER OF BALLOTS REQUIRED: Where voting machines are not used, there shall be as many official ballots printed and delivered as shall be equal to 110% of the registered electors in the voting place. Section 51. VOTING PROCEDURE, BALLOTS: Before any ballot is delivered to an elector, one of the inspectors shall affix his initials on the line provided on each of the two ballot stubs and the elector shall sign his name on the line on the top stub, and if he is unable to write, he shall sign his mark with the assistance of one of the inspectors. The inspector shall compare the signature on the ballot stub with the signature on the elector's registration and, if necessary, require other identification. If the inspector is reasonably sure that the person is entitled to vote, he shall then detach and retain the upper stub and the elector shall go to the booth and mark his ballot and after he has marked his ballot, he shall fold it so as to leave the stub remaining attached visible so that it can be detached without unfolding. The inspector shall compare it with the stub he retained and if it is the ballot he delivered to the elector, he shall detach and retain remaining stub and the elector shall deposit the folded ballot in the ballot box. But, if the marked ballot returned proves to be a different one from the one delivered to him, the inspectors shall then and there search the elector and if the original ballot is found on or about his person, the inspectors shall take possession of the ballot and discharge the elector from the polling place without permit- ting him to vote. Inspectors of elections, where ballots are used, are clothed with police power as is necessary to carry out the provisions of this section. Section 52. ELECTION INSPECTOR TO KEEP LIST OF THOSE VOTING. When any person has been admitted to vote, his name shall be checked on the margin of the page opposite his name, or at the place indicated upon the registration books, by one of the inspectors. One of the inspectors, Page • • • • shall, at the same time, keep a poll list containing names of electors who have voted. The inspectors may prevent any person from voting a second time when they have reason to believe that the person has voted. They may refuse to allow any person to vote who is not a qualified elector, or who has become disqualified to vote in the precinct or prevent any elector from consuming more than five minutes in voting. But no in- spector shall handle the ballot being voted or interfere with the voting of any elector. Section 53. BALLOT BOXES AND BALLOTS: The Village Council, except where voting machines are used, shall prepare one ballot box for each polling place in the Village, of sufficient size to contain all the ballots of the particular precinct, and the ballot box shall be plainly marked with the name of the precinct for which it is intended. Before any general or special election, they shall place in the ballot box as many ballots as provided in Section 50 hereof. After securely locking the ballot box, and sealing up the key- hole and other opening, they shall send the key in a sealed envelope, to the inspector of elections of the precinct, together with the box. The custodian is placed under oath or affirmation to perform his commission faithfully and without favor or prejudice to any political party. Section 54. DUTIES OF ELECTION BOARD: COUNTING: CLOSING POLLS: (1) At the close of the election at each precinct, the election inspection board that conducted the election shall turn the ballot box, registration books and other records over to the relieving board when more than one board is conducting the election, which shall proceed to open the ballot box in presence of the public desiring to witness the canvass, count the ballots without adjournment or interruption until the count is completed. The ballots are first counted, and if the number of ballots exceeds the number of persons voted, as may appear by the poll list kept by the clerk, and by the stubs detached by the inspectors, the ballots are replaced in the box and one of the inspectors shall publicly draw out and destroy unopened as many ballots as are equal to such excess. If two or more ballots are found folded together to present the appearance of a single ballot, they are laid aside until the count is completed, and if, upon comparison of the count, and the appearance of such ballots, a majority of the inspectors are of the opinion that the ballots were voted by one person, such ballot shall be destroyed. (2) In counting the ballots, the election inspection board shall use either (a) the tally call system of counting; or (b) a system whereby Page • • • • the ballots are opened and placed in piles according to the candidate voted for, then the number of ballots in each pile counted. The ballots are then reshuffled and the process repeated until the total vote cast for each candidate for every office has been determined; and no other system of counting shall be used. (3) Where voting machines are used, the procedure and the tabulating of results shall conform to the provisions of the law relating to voting machines. Section 55. TABULATION OF VOTES AND PROCLAMATION OF RESULTS WHERE BALLOTS ARE USED: The election board shall post at the polls, for the benefit of the public, the results of the voting for each office, or other item on the ballot as the count is completed. Upon completion of all counts in all races, certificates of the results shall be drawn up by the inspectors and clerk at each polling place, which shall contain the name of each person voted for, for each office, the number of votes cast for each person for such office, and if any question is submitted, the certificate shall also contain the number of votes cast for and against the question. The certificate shall be signed by the inspectors and clerk and delivered without delay to the Supervisor for immediate publication. All of the ballot boxes, ballots, ballot stubs, memoranda and papers of all kinds used in the election shall also be transmitted to the Supervisor. Section 56. THE VILLAGE COUNCIL TO CONSTITUTE CANVASSING BOARD: The Village Council shall constitute the canvassing board and on the day after the election, officials have certified their returns, the Village Council shall canvass the returns and the absentee ballots, if any and officially proclaim the results of the election by appropriate resolution. Section 57. PROTEST OF ELECTION RETURNS; INSPECTION BY CANVASSING BOARD: Whenever any elector, believing that election returns are erroneous and fraudulent, protests he shall have a right to file a written protest against the canvass of such returns with the canvassing board specifying the polling place in which he believes such returns are erroneous or fraudulent. Such protest may be filed with the canvassing board up until the time the canvass has been completed and votes tabulated. Section 58. ELECTION BOARD TO REPORT VIOLATIONS OF THIS CODE: It shallbethe duty of the clerk and inspectors to report any violation of this code to the Village Council. If ordered by a majority of the board at any precinct, any person presenting himself to vote may be arrested by any peace officer attending such precinct, for known violations of the election code. Page.._..—. Section 59. ABSENTEE ELB:,TOR DEFINED: The term absent elector shall mean any registered and qualified elector who, due to physical disability, is unable, with- out another's assistance, to attend the polls, or any qualified elector, wherever he may be, except persons confined in prison or jail, so long as he will not be in the county of his residence during the hours the polls are open for voting on the day of any election. Such person may cast an absentee ballot upon compliance with the absent elector provisions of this code. Section 60. ABSENTEE BALLOT, APPLICATION, TIME AND FORM: At any time during the forty-five days preceding any elect- ion, any elector intending to be absent on the day of election from his home county may make application to the supervisor either in person or by mail, upon a blank furnished by the supervisor for the official ballot to be voted at such election. The application may be made on a blank prepared by the elector if the application is substantially in the form required by this code. When any written request of an elector for an absentee ballot sets forth statutory grounds for making application for such ballot, it shall be accepted as a bon fide application if the signature on the application agrees with the elector's signature on the registration books. The application blank shall be sent immediately, by mail, to the absent elector by the supervisor, together with the absentee ballot if they are ready for distribution or shall be delivered to the absent elector upon personal application at the supervisor's office. The application blank shall be in substantially the following form, and signed by the applicant and witnessed as required under this code. Page APPLICATION FOR ABSENT ELECTOR'S BALLOT I, , duly qualified and registered as an elector of the Village of North Palm Beach, and County of Palm Beach, and State of Florida, and a (oive occupation) , not confined to prison or jail, and intending to be absent from the said Village and County on the day for holding such election because (check appropriate reason): (1) assistance of I am physically disabled and unable, without the another, to attend the polls on election day. (2) I intend to be absent from the Village and County during the entire period the polls are open for voting on the day of election and cannot without manifest inconvenience vote in person, I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in on (date) Send "absent elector's ballot" to me at post office, county, city address, if any . Home address of applicant . Date In witness this Signed and sealed in Presence of: whereof, I hereunto set my hand and seal day of , 19 Signature of absent elector • (Two Witnesses) Sworn to and subscribed before me this day of , 19 (SEAL) Notary Public or other officer authorized to administer oaths. Section 61. ABSENTEE BALLOT, FILING AND RECORD: Upon receipt of application for absentee ballot, filled out and signed, the supervisor shall file it in his office and enter the same and address of the applicant to which the ballot is to be sent, upon a list kept by the supervisor or clerk, for that purpose, together with the date of receiving the application, the date of mailing or de- livering the ballot to the elector, the date of receiving ballot from the elector and such other information as he may deem necessary. Section 62. MAILING ABSENTEE BALLOT, NUMBERING, RETURN ENVELOPES AND FORM: The Supervisor shall, after the printer delivers the ballots, prepare the first numbered ballot for the first applicant, the second ballot for the second applicant, and so on. The supervisor shall initial both stubs No. 1 and No. 2 and enter the name of the elector in the place indicated for the elector to sign. If the applicant appears in person he shall sign the stub No. 1 as if he were voting on election day. The super- visor shall then detach the ballot and stub No. 2 from No. 1 and forward by mail, postage prepaid or deliver personally, one of such ballots with stub No. 2 attached (or if there be more than one kind of ballot to be voted, • Page • • • • then one each kind) to each applicant as shown in Section 64, pro- vided such applicant is properly registered. The supervisor shall not receive such applications after the deadline provided in Section 65. The supervisor shall enclose with such ballot two envelopes, a plain white envelope into which the absent voter shall enclose and seal his marked ballot and then place the sealed white envelope, together with detached stub No. 2 in the second envelope which is addressed to the super- visor and also bearing on the back side a printed statement in substantially the following form: I , do solemnly declare that I am a resident of the Village of North Palm Beach, in the county of Palm Beach, State of Florida, and have been a resident of such town for six months and of this state for one year and am entitled to vote in said town; that the enclosed ballot was marked by me personally and enclosed in this envelope and sealed by me without being exhibited to any other person. In the presence of: (Signature of absent elector) (Two witnesses) The statement shall be so arranged that the signature of the absent elector and two witnesses shall be across the flap of the envelope. The absent elector shall sign the said envelope and the two witnesses shall then sign certifying that the person is personally known to them and the name signed as the absent elector is the correct name. Section 63. INSTRUCTION TO THE ABSENT ELECTORS: The supervisor shall enclose with each ballot sent to an absent elector separate printed instructions furnished by him containing sub- stantially the following: "Upon receipt of the enclosed ballot you will mark the same according to the instructions, then detach stub No. 2 bearing the initial of the supervisor from the ballot. Place the marked ballot in the enclosed plain envelope and securely seal it, and then place stub No. 2 and sealed plain envelope addressed to the supervisor. Fill out the statement printed on the back of the envelope, sign, and have the envelope signed by the two witnesses who have seen you sign, place the necessary postage upon the envelope and deposit it in the post office or in some government receptacle provided for the deposit of mail, or deliver it personally to this office so that the absent elector's ballot will reach the supervisor of registration not latex than 5 o'clock in the afternoon of the day preceeding the primary, general or special election". Section 64. ABSENT ELECTOR'S BALLOT, SIGNING, SEALING, MAILING: Upon the receipt of the absentee ballot and printed instruction as provided in Section 64, the absentee shall, in secret, make his ballot, follow the instructions enclosed with his ballot and return same to the supervisor of registration. Page • • • i Section 65. SAFEKEEPING OF MAILED BALLOTS; DEADLINE FUR RECEIVING ABSENTEE BALLOTS: The supervisor shall safely keep in his office any envelopes received containing marked ballots of absent electors, and he shall, before the canvassing of the election returns deliver the envelopes to the canvassing board and his list kept regarding same. All marked absent elector's ballots to be counted must be received by the supervisor by 5 o'clock in the afternoon of the day preceding any election, all ballots received thereafter shall be marked with the time and date of receipt, and filed in his office. No ap- plication for an absent elector's ballot shall be received or handed out to an elector unless there remains time for the ballot to be mailed to the super- visor by the United States mail or personally voted in the office of the super- visor before the deadline for receiving said ballots. Section 66. CANVASSING ABSENT ELECTOR'S BALLOTS: a. The supervisor of registration shall receive the voted ballot and shall safely keep the ballot unopened in his office until the canvassing board canvasses the vote according to law. The canvassing board shall compare the information on the back of the envelope with the registration book to see that the elector is duly registered in the town, has not voted on election day and to determine the legality of the absent elector's ballot. If it is deter- mined, by the canvassing board that any vote is illegal, then some member of the board shall without opening the envelope, mark across the face of the envelope, "rejected as illegal". The envelope and the ballot contained there- in shall be preserved in the manner that official ballots voted are preserved. b. The canvassing board shall then open the covering envelope and record the ballot upon the poll book of the proper polling place in the same manner as clerks of elections record votes. The ballots for the entire town still in the plain sealed envelope shall be mixed up so as to make it impossible to determine which plain envelope came out of which signed enevlope. The vote of all absent elector's shall be added to the total of the poll of the town. Section 67. VOTING IN PERSON; RETURN OF BALLOT; DOUBLE VOTING: The provision of this code shall not be construed to prohibit any absent elector, returning to his home, from voting at any election not with- standing that he may have made application for an absent elector's ballot and same may have been mailed to him; provided that he returns the ballot if he received same to the election board at his polling place. The returned ballot shall be marked "cancelled" by the board and placed in the regular box of other cancelled ballots. Section 68. USE OF STICKERS, RUBBER STAMPS UNLAWFUL: It shall be unlawful for any person casting a ballot at any election Page • • • • to use stickers, rubber stamps, or carry into a voting booth any mechanical device, paper or other memorandum other than the official ballot. In cast- ing a write-in ballot the elector shall cast the same in his own handwriting or in the handwriting of an authorized person aiding him. Section 69. DISCLOSING HOW ELECTORS VOTE: It shall be unlawfulfor any election official or person assisting any elector to disclose how any elector voted except when required to do so upon trial in court. Section 70. DISTRIBUTION OF LITERATURE NEAR POLLING PLACES: On the day of any election it shall be unlawful for any person to distribute any political pamphlets, cards or literature of any kind, or solicit votes, approach any elector in an attempt to solicit votes within 100 feet of any polling place. All peace officers or election officials shall arrest any person violating the provisions of this section in their presence. Section 71. SALE OF INTOXICATING BEVERAGES PROHIBITED: The sale of all intoxicating beverages, whiskey, wine and beer, shall be prohibited on any election day whether primary, general or special, between the hours of 7:00 A.M., and 7:00 P.M., and all bars and package stores and other places selling intoxicating beverages within the Town shall be re- quired to strictly comply with this provision of the law. Section 72. BOND ISSUE DEFEATED NOT TO BE RECALLED FOR A PERIOD OF SIX MONTHS: If any bond election is called and held for approving the issuance of bonds for a particular purpose and such election shall not result in the approval of the bonds, then no other election for the approval of bonds for the same purpose shall be called for at least six months, provided that this section shall not prohibit the calling of another election for the approval of bonds for the same purpose when the bonds were not approved because of the failure of a majority of the freeholders qualified to vote to participate in the election. Section 73. STATE LAW TO APPLY WHEN NOT INCONSISTENT WITH THIS ORDINANCE: For the purpose of providing for any contingency not covered by this ordinance, the provisions of the General Laws of the State of Florida relating to electors and elections so far as the same may be applicable and not inconsistent with this ordinance are adopted as part hereof. Section 74. PENALTY FCR VIOLATION OF THIS CODE: Any person convicted of a violation of any of the provisions of this code shall be fined a sum not to exceed $500.00 0r imprisonment in the Town jail for a period not to exceed ninety (90) days,or by both such fine and imprisonment. c c Page PASSED AND ADOPTED on first reading this 13th day of January, 1959. PASSED AND ADOPTED%on second and final reading this 10th day of February, 1959. Village Clerk Serc#N, . Mayor