Ordinance 042 Election Ord.Page_~
Q~DINANCE #42
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AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEPGH, PALM B EACH
COUNTY, FLORIDA, PRESCRIBING THE QUALIFICATIONS FOR ELECTIONS: PROVIDING
FOR THE REGISTRATION OF EL~TCRS; PRESCRIBING THE METHOD OF HOLDING
EL B;TIONS AND ASCERTAINING THE RESULTS THEREOF; PROVIDING FOR ABSENTEE
VOTING; PRESCRIBI[~ RULES AND REGULATIONS FOR THE HOLDING OF PRIMARY
GENERAL AND SPIDIAL ELECTIONS IN SAID TONN; DEFINING CERTAIN OFFENSES
AGAINST THE ELATION LAWS OF THE TUNN; PRESCRIBING A PINALTY FCR A
VIOLATION THEREOF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH.
BE IT ORDAINID BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEAGH, FLORIDA, as follows:
Section 1, WHO ARE QUALIFIED ELEvTORS:
Any person who has reached the age of twenty-one years who shall,
at the time of the election at wh ich 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.
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Section 4. TIME AND PLP~E 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 regis tering 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 ea ch week day
' (except Saturdays, Sundays and holidays) provided, however, such registration
book sha ll be closed beginning ten days next preceding any primar y or special
election and shall remain closed until after the next succeeding general
• election or special election.
Section 5. SUPERVISOR TO DELIVER BCOKS AND PAPERS TO SUCCESSOR:
Upon the removal or resignation of the Supervisor of Registration,
on the appointment of his successor, it shall be his duty to immediately de-
liver over to this successor all the books and papers and other paraphernalia
pertaining to his office.
Section 6, OATH AND IDENTIFICATION OF ELIDTOR FGR 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 Gonstitution of and laws of
the State of Florida."
Section ~. PUBLICATION OF LIST OF QUALIFIED ELB/TORS:
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
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for a period of not less than five days preceding each election.
Section 8. REGISTRATION OF PHYSICALLY DISABLID AND ILLITERATE PERSONS:
If any elector is unable to sign his name, the Supervisor of Regis-
' shall sign the elector's name for him and enter his reasons upon the register.
If physical infirmity is the reason for inability to write, the elector shall
state that fact, and the Supervisor of Registration shall so indicate in the
register. If illiteracy 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
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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,
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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-
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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 iaf,*!D
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 lla, 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.
Section 1~, SUPERVISOR TO FURNISH ELATION BOARD WITH CERTIFIED LIST
OF QUALIFIED EL~TORS:
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 I3. 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.
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 ox 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
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 hex name restored to the regis-
tration rolls.
Section 15. DATE OF GENERAL ~1I~1D RUNOFF EL~TIONS:
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. SP~IAL EL~TIONS:
Special elections shall be held for such purposes as may be required and
as provided for by law.
Section 17 ,, NOTICE OF GENERAL EL~TIONS:
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
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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 SP~IAL ELATION:
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. an election day and
shall remain and kept open continuously uhtil 7:00 o'clock P. M, on the same
day.
Section 21. APPOINTMENT OF INSP~TORS AND CLERK OF ELATION:
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 o£ 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 VPCANCY ON ELATION BOARD:
In the case of absence or refusal to act of any inspector or clerk
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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 haue filled
such vacancy prior to the date of holding any such election.
Section ~• INSPHrTORS AND GLERKS 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 electoor;. 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. MAJORITY OF ELATION BOARD TO RULE:
One inspector sha.11 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 ELATION 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.
Secti____on 2626. SUPERVISOR TO FURNISH ELATION OFFICIALS REGISTRATION BOOKS,
BLANKS , FGRMS AND ELATION 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
Secti,~ on 27. POLICE AT POLLING PLPCE:
for their use in the election.
The Council may designate one of the officers of the police force
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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,
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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 PLPGE:
A watcher is any duty 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 fox 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 tYie 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 inununity 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, signead and acknowledged by the candidate whom such
watcher is to represent, before an officer duly authorized to administer oaths,
in substantially the following form;
To the Inspectors of Election of the
Village of North Palm Beach„ Florida
Village of North Palm Beach, Florida
_____~-___A. D . , 19M
This is to certif}r that I have appointed____~
P_____,~, 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,~-_________~______
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Gandidate £or ~~
Sworn to and subscribed before me this______~ day
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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
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watchers.
Section 29, PERSONS ALLC'AED 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. INSP>~TORS 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 3 CANDIDATE FOR 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 tine 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 e.iected, 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
s-aid 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 OI? NOTICE OF CANDIDACY:
The Village Clerk shall preserve all notices of candidacy filed
under the provisions o£ thi:a 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
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notice of candidacy fox 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. ELATION OF VILLAGE COUNCIL BY GROUPS:
The selection of rnembers 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 team, 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 ELL~CTED AT GENERAL ELATION:
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
__________ ELATED:
' The Supervisor of Registration shall give to the person or
persons who shall be elected a certificate o£ 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 £or
' 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. Zn such event, the provisions of Chapters
101 and 102 FL~IDA STATUTES 1957, as relevant to machine voting shall
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apply, and, by reference, are made a part hereof.
Section ~. 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" afi:er the answer he desires in case of a question
submitted to a vote.
No ballot shall bf> 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 indicat'.ion 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.
SectM_ion 4~. INSTRUCTIONS FOIE 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 EL>I;TORS:
(l.) Where any erlector is unable to write, or is incapacitated
fox writing, or because of blindness, or inability to_read, or physical
incapacity, or is unable to prepare his ballot and such disability is
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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?
2. What is your name? _~~___,__._~___,..________~~
3, Your age? _____ Your sex? ______~_~~
4. Your address? ,_,,,,_~_~~_____~__,__ ___._
5. Your occupation? v_____________________________~___,
' 6. Your political party? p_ ~~ __
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
election? ____~„_,~____~,~
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--
, Thereby certify that this form, filled out and signed by an
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• 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.
ZSignature 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, DISABLID AND ILLITERATE ELIDTORS
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.
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Section 44. TO OGCUPY BOOTH ALONE; TIME ALLONED EL~TCR:
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, aind 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. Zf he refuses to
leave after the lapse of five minutes, he shall be removed by the
election officials.
Section 45. ELFGTOR TO DEPtJSIT BALLOT:
After preparing h:is 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.
ect~on 46o MARKING MORE NAMES THAN PrRSONS 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
electors 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.
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Section 47, EL~TOR WHO SPOILS BALLOT,
Any elector who shaall by mistake, spoii a ballot, so he can-
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not safely vote the same, may return it to the inspectors
immediately detach the stub <and destroy the ballot, witho
and give the elector another ballot. In no case shall an
furnished with more than three ballots, or carry a ballot
room. The clerk of inspection shall keep a record of all
Section 48. SP~IFIGATIONS FOR BALLOTS;
who shall
~t examination,
elector be
outside the polling
ballots destroyed.
n
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" -
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0
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 .t op stub shall be Stub ##:L 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 fox 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, 'R7ote 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.
n
Paget
n
LJ
(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-
with a sufficient blank space thereafter for the placing of the
ment"
,
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 PR~EDURE, 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 ~. ELATION INSP~TOR 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.
ualified
erson to vote who is not a
The
ma
refuse to allow an
q
y p
y
y
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 ELATION BOARD: COUNTING: CLOSING POLLS:
(1) At the close o~E 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 axe found folded together to present the appearance
of a single ballot, they axe 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
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the ballots are opened and placed in piles according to the candidate voted
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.
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 USID:
The election board >hall post at the polls, for the benefit of the
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 each office, the number of votes cast for each person for such
any question is submitted, the certificate shall also
contain the number of votes casst 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 ieturns,
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 ELIDTION RETURNS; INSPIDTION 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 TU REPORT VIOLATIONS OF THIS CODE:
It shall-be the 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.
~~ w~
E
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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. ABS£NTE£ BALLOT, APPLICATION, TIME AND FPM:
____
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 EL~TOR'S BALLOT
I, Y _ _ _ _ duly qualified and registered
as an elector of the Villagee of'North Palm Beach, and County of Palm Beach,
' and State of Florida, and a __ (aive occu ation _
, not confined to prison or jail, and intending to be absent
rom the said Village and County on the day for holding such election
because (check appropriate reaason):
(1) w I am physically disabled and unable, without the
assistance of another, to attend the polls on election day.
(2) A -,- I intecid 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 maanifest inconvenience vote in person, I
hereby make application fox an official ballot, or ballots, to be voted
by me at the election to be held in ~,~~__~_____~_____~
~~__,_____on __,_ Late ) ~.
Send "absent electo:.'s ballot" to me at ,_,_~,
post office, county, city address, ifif any ~_~
• ~~~~~ ____ Home address of applicant~,~„_____
____---_ Date _____ _~.
In witness whereof, I hereunto set my hand and seal
this _______ _~ day of ~~~~___, 19 ~M
Signed and sealed in _ ~(S~-)
Presence of: Signature of absent elector
Two Witnesses
Sworn to and subscribed before me this ~~ day of
(SEAL )
Notary Public or other officer
authorized to administer oaths.
Section 61. ABSENTEE BALLOT, FILING AND RECGRD:
Upon receipt of application for absentee ballot, filled out
and signed, the supervisor sh~sll 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, £or 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 sha1:L, after the printer delivers the ballots,
the second
licant
llot for the first a
d b
th
fi
t
b
,
pp
num
ere
a
rs
prepare
e
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.
a plain
es
hall enclose with such ballot two envelo
vi
Th
e
o
p
,
e sup
r
s
r s
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:
do solemnly declare that I
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 wiwitnesses ~'~
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 EL~TORS:
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 EL~TOR'S BALLOT, SIGNING, SEALING, MAILING:
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
Upon the receipt of the absentee ballot and printed instruction as
• of registration.
Page
Section 65. SAFEKEEPING OF MAILED BALLOTS; DEADLINE FGR RECEIVING
'~~ ABSENTEE BALLOTS:
The supervisor sha1:1 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 receive+~ 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 ABSEN'T' ELIDTOR'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 o•E 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 po:tl 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 BALLO?; 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 ]Zim; 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" bey the board and placed in the regular box of other
cancelled ballots.
Section 68. USE OF STICKERS, RUBBER STAMPS UNLA41'FEJL:
It shall be unlawful .f or any person casting a ballot at any election
i
Page,__
i
to use stickers, rubber stamp:>, 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 EL.B/TORS VOTE:
It shall be unlawful. for any election official or person assisting
r
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 PLPOES:
On the day of any election it shall be unlawful for any person to
distribute any political pampP~lets, cards or literature of any kind, or solicit
votes, approach any elector iri 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 REGALLID FGR A PERIOD OF
SIX MONTHS:
If any bond election is called and held for approving the issuance
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of bonds for a particular purpose and such election shall not result in the
approval of the bonds, then no other election fox 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 o£ the freeholders qualified to vote to participate in
the election.
Section. STATE LAW TO APPLY WHEN NOT INCONSISTENT WITH THIS ORDINANCE:
For the purpose of providing for any contingency not covered by
r
this ordinance, the provisions of the General Laws of the State of Florida
relating to electors and eleci;ions so far as the same may be applicable
and not inconsistent with this ordinance are adopted as part hereof.
Section 74. PINALTY 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 Or imprisonment in the
Town jail for a period not to exceed ninety (90) days,or by both such fine
and imprisonment.
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.
Mayor
(SEAL)
ATTEST:'
Village Clerk