HomeMy WebLinkAboutOrdinance No. 04-1962,e AMENTEd; +
ORDINANOE 110, 4- 62 CCU 4- N_ej,P s
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6H ORDIRAIIOE CREATING AN ELECTION CODE OF THE TO-(Hi OF GAPE
CANAVERAL, FLORIDA, RELATING TO QUALIFICATIONS AND REGISTRAR
TION OF ELECTORS,' REGISTRATION OFFICERS AND PROCEDURES; OANDI-
DATES AND CONTESTING ELECTIONS; ELECTIONS, GENERAL, SPECIAL,
BOND ADD REFERENDUM; VOTING; CONDUCTING A11D CANVASSING RESULTS
OF ELECTIONS AND ADOPTING A PERMANENT REGISTRATION SYSTEM;
PROVIDING A PROCEDURE TIIRREFOR; DESIGNATING THE TOWN CLERK AS
SUPERVISOR OF REGISTRATION AND AS CUSTODIAN OF THE REGISTRATION
BOOKS; PROVIDING FOR REMOVAL OF NAMES FROM REGISTRATION BOOKS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CAPE CANAVERAL,
'FLORIDA: -
SECTION 1.. DEFINITIONS.
The following words and phrases when used in this code shall
be construed:
"Elector" an used throughout the code is synonymous with the
word "voter" or "qualified elector or voter."
Whenever the word "supervisor" is used, it shall mean the
supervisor of registration, town clerk or other official perform-
ing the aervicesof supervisor of registration.
"Code" as used throughout this ordinance is synonymous with
the word "ordinance."
Any.queotion concerning elections in the Town of.Cape Can-
averal not covered by this ordinance shall be covered, insofar as
the same is applicable, by the election code of the State of Fldlda.
SECTION 2. That a single registration system for the registration
of the electors of the Town of Cape Canaveral to qualify them to
vote in all elections is hereby adopted and shall be used in all
elections of the Town of Cape Canaveral hold subsequent to the
adoption hereof.
SECTION 3. REGISTRATION1 PREREQUISITE TO VOTING.
No person whose name is not on the registration books is
permitted to vote in any election.
SECTION 4. QUALIFICATIONS TO REGISTER.
A. Any person twenty -one years of age at the time of reg-
iatration, upon proof of his birth date, wlho is a citizen of the
United States, a permanent resident living in Florida for one year .
and residing In Brevard County for six months and residing in the
Town of Cape Canaveral at the time of registration is eligible to
register with the supervisor when the registration books are open.
Naturalized citizens must present to the registration officer a
certificate of naturalization or certified copy thereof. The
following persona are not entitled to vote:
1. Persons not regiatered.
2. Persons under guardianship or confined to any state prison.
3. Persona insane or idiotic.
4. Persons convicted of any felony by any court of record
and whose civil rights have not been restored. -
5. Persona convicted of bribery, perjury, larceny or any in-
famous crime in this or other states, or interested in any wager
depending on the result of any election. .
TOWN CLERK IS HEREBY DESIGNATED SUPERVISOR OF REGISTRATION
A:ID I ^u TIE OFFICIAL CUSTODIAN OF THE BOOKS AND ALL REGISTRATION
RECORDS: The Town Clerk is hereby designated Supervisor of Re-
gistration and is the official custodian of the books of regis-
tration with the exclusive control of matters pertaining to the
registration of electors. -
6.4.;x,
PAGE/ ,OF /9 . .
MICROFILMED a-la -iro
B. REGISTRATION; PHYSIOAL DISABILITY: ILLITERACY
(1) A person shall be gegistered upon payment of One
($1.00) Dollar and upon furnishing the supervisor with inform-
ation required by lair and after being duly sworn by the super-
visor and signing the registration books.
(2) If an elector is unable to mark his ballot or
sign his name, the registering officer shall sign the elector's
name and enter his reasons upon the register.
(3) (a) I£ physical infirmity is reason for inability
to write, he shall state that fact.
(b) If illiteracy is claimed as reason for in-
ability to write upon the registration book, identification slip
or ballot,,then upon submitting satisfactory proof that the per-
son cannot write his own name, the applicant may be allowed to
mark the registration book, identification slip or ballot by
using the °Xs mark as means of writing his signature. The super-
visor shall,.in addition to entering that fact of the books, enter .
a full description of the person, giving his height, approximate
weight, color, complexion and color of eyes.
0. REGISTRATION OERTIPIOATE.
A certificate of registration shall upon request befurn-
ished each registered elector upon registering, containing a
statemont of: full name, place of residence, sex, age, state or
country of nativity, occupation, color, freeholder status, date
of registration and signature of the registration officer.
D. REGISTRATION OP FREEHOLDER.
(1) The supervisor or other registering officer shall
require every person registering to state under oath or affirm-
ation whether he is a freeholder and record it opposite his name
in the registation books.
(2) The Town Council may at any time call for a re-
rogiotration of freeholder electors for the purpose of securing
P new and up -to -date list of freeholders to be used for qualify-
ing freeholder electors to participate in any election called for
the purpose of approving the is7uance of bonds of such town or
for the purpose of approving en..act with reference thereto.
(3) The latest list of re- registered qualified free-
holders shall supersede prior lists and In any bond election held
after re- registration of freeholders the power to issue bonds
shall be based upon the approval by a majority of the votes cast
in an election in which a majority of the re- registered free-
holders may re- register and are qualified shall participate.
(4) The Town Councilmen shall by resolution call for
such re- registration, notify the supervisor, and shall publish
the calling of such re- registration in a newspaper of general
circulation in the Town of Cape Canaveral once a week for four
consecutive weeks or by posting same in three public places one
of which shall be the Town Hall for a period of four weeks stat-
ing the purpose and use of such re- registration.
(5) The registration books shall be kept open for at
least thirty days and closed at least twelve (12) days prior to
the holding of any bond election at which time a certified number
of rerregistcred freeholders shall be available, as provided by
law.
E. PERSONS IIIDUCTED INTO 'MILITARY SERVICE RE- REGISTRATIONQ
HOT A PREREQUISITE TO RIGHT TO VOTE.
(1) A person inducted into the military service of thn
OR 4 - 62
PAGE 2- 0'
MICROFILMED 3 -M -,?o i
United States and remaining in service when the registration books
of the Town of Cape Canaveral are open for re- registration of el-
ectors is exempt from re- registration as a preroquisite to vote
in elections, provided the person has registered as an elector and
his name has not been removed from the registration lists.
(2) No persona entitled to exemption due to military
service shall be deprived of voting in any election because of
failure to re- register, but }he supervisor or other registering
officers may require reasonable proof of his military service, as
grounds for exemption.
F. REGISTRATIOPi OF FEDERAL E4IPLOYEES AND MILITARY PERSOIRM
ABSB;iT FROd THE STATE. -
When a person holding a position in the govergment of the
United States or in the military service is, by reason of his duties
incident to his position, required to be absent from the state A
during the period of time required for the registration of qual-
ified electors to vote in an election as now required by law and
thereby unable to register, in such a case it is lawful for such
elector, if retaining his qualifications to vote under his last
registration, to make out and forward to the supervisor of the t
town in which he is registered the following affidavit, or one in
substantially the same forms
STATE OF
OODUTY OF
Before me, the undersigned authority, authorized to take
oaths, personally appeared -'who, being by me
first duly sworn, deposes anditryo that he she) is a qualified
elector of the Town of Cape Canaveral and that since the time of
such registration he (she) has not by any act of omission or com-
mission become disqualified to serve as a qualified elector in the
Town aforesaid. That he (she) re- affirms the oath taken by him
(her) upon his (her) original registration; and that he (she)
hereby authorizes the supervisor of registration in the Town afore-
said to transfer his (her) name from the present registration books
and re- register the same in the new registration books. That he
(she) holds a position under the govdrnment of the United States
or in the military service and by reason of the duties attendant
thereto it is impossible for him (her) to appear personally be-
fore said supervisor of registration at any time within the time
allowed by law for such re- registration.
Sworn to and subscribed before me this _day of
A. D. 19_.
(llama and title of officer
administerinZ oath)
Upon receipt of this affidavit the suporvisor shall make
out his renewal certificate of registration, transferring the
electors prior registration to the new registration books, and
the renewal or transfer of regictration, when so allowed and
certified, is valid for all intents and purposes; provided the
elector retains his residence and other qualifications to vote
at the place specified in the registration.
SECTION 5. REGISTR'. "_'I011 OFFICE. OFFICERS 11ID PROCEDURES.
A. The supervisor shall keep the registration books open
at his office on such days and during the usual hours that the
office of the Torm Clerk of the sown of Cape Canaveral is open
OR ¢ µ62
PAGES -OF 14
MICROFILMED 5-13.80
for business unless the Town Council of the Town of Cape Can-
averal shall by resolution authorize otherwise. All reglstra
tian books close on the twelfth day preceding the day on which
there is a general election and shall remain closed for five (5)
days following the election. No person shall register.at any
time other than during the period provided for re- registration
of electors, In computing the twelfth day period, the election
day is excluded.
When a special election is called at a time when the books
are open, the supervisor shall close all books to further re-
gistration three days prior to election date or immediately in
the event the date of the election is less than three daye.
By resolution properly adopted the Town Council may author -
ize the opening of_the registration book during hours other than
the usual office hours of the Town Clerk.
B. TON11 CLERK AS SUPERVISOR OF REGISTRATION AND OUSTOW
DIAN OF REGISTRATIO BOOKS.
The Town Clerk is hereby designated supervisor of regis-
tration. end is the official custodian of the books of registration
with the exclusive control of matters pertaining to the registra-
tion of electors.
Whenever it shall come mo his or her knowledge that any
elector has died or has become disqualified to vote by reason of
conviction of any disqualifying crime or from other causes, or
has removed from the Town without obtaining a certificate of
transfer, or his right to vote has become affected since his re-
gistration, the supervisor shall make a note on the books op-
posite the elector a name, and with approval of the Town Council
mark off the name by running a pen through it and note the date
or erasure, and no election official shall allow ouch person to
vote, whether the person has a certificate or not, unless he ex-
hibito to the election official a certificate signed by the sup-
ervisor showing that he has been restored to the books subsequent
to the date of erasure.
C. REldCVAL OF MMES FROM REGISTRATION BOOKS: PROCEDURE.
Between January lot and January 31st of each odd year, the
supervisor shall mail to each qualified elector in the Town or to
each elector who has not voted in either of the last tiro preced-
ing general elections a form to be filled in, signed and returned
by mail within thirty (30) days after the notice is postmarked.
The form returned shall advice the supervisor whether the elec-
tor's status lies changed from that of the registration record.
Names of electors failing to return the form during this
period shall have their names withdrawn temporarily from the re-
gistration books. The lists of the electors tempgarily withdrawn
shall be posted at the Town Hall. Names 11111 be restored to the
registration records when the elector, in person, makes known to
the supervisor that his status has not changed. The supervisor
is then required to reinstate the names on the registration books
without the elector re- relistering; provided, that when no such
request is made prior to the closing of the books for the next
general election, a new registration of said elector will be re-
quired.
SECTION 6. GENERAL, SPEuXAL, DOND AnD 1ti5P4 IDUM ELECT1uuG.
A. OPLniNG Asn O1,Ubli9G OF POLLS, ALL ELECTIONS.
The polls shall be open at the voting places at 7 o'clock
a.m. on the day of the election and shall be kept open until 7
o'clock p.m. of the came day and the time to be regulated by the
customary time in standard use in the locality. The inspectors
shall male public proclamation of the opening and closing of the
polls, and during the election and canvass of the votes the bal-
lot box shall not be concealed.
OR 4 62
-� PAGE �' OF /9�
MICROFILMED'3-a-ea-
The time of opening and closing polls shall be observed
In all elections.
B. MAYOR TO ISSUE PROOLIMATION OF ELECTION. -
Notice of all elections shall be given by proclamation of
the mayor of the Town of Cape Canaveral, designating the offices
to be filled or matter to be voted upon and giving the date of
the election and all other information that may be necessary to
call to the attention of the electors; which notice shall be by
Publication two times in different weeks, that is to say, one
day in one week and one day in the following week, in a newspaper
published in the County of Brevard, Florida, the first of which
publications shall not be more than thirty days prior to the date
of the holding of such election and not less than fifteen days
prior to such date.
C. GENERAL ELECTION LANS APPLICABLE TO ALL ELECTIONS.
The provisions in thin code for the holding of general
elections shall apply to the extent possible in all special or
bond olectiona.
D. FREEHOLDER RE�UIREIMNTS,
Any person is deemed a freeholder who has an immediate
beneficial ownership, interest, legal or equitable, in the title
of a fee simple estate in land.
In any election where only freeholders are qualified to
vote, the regular registration books of the Town shall be used,
and only those persons who are shown thereon as freeholders shall
be entitled to vote in said election.
In order to determine the number of freeholders entitled to
vote in each particular election, the supervisor shall determine
from the records of his office the number of freeholders appear
Ing on said re;;iotration books and shall execute his cortificate
as to the number, which shall be accepted an the determination
prima facie of those entitled to vote in the election.
Those persons shown on the registration books in a free-
holder 'a election to be freeholders shall be permitted to vote in
the election.
Any registered elector who to not shown as a freeholder,
but w ho presents to the Inspectors a tax receipt showing a pay-
ment of taxes on property in his name or a deed or certified copy
thereof of property in his name or makes assorn affidavit of
ownership giving either a legal description, address or location
of the property in his name, shall be entitled to vote in the
election and shall be considered a freeholder.
The number of persons qualifying in this manner shall be
added to the number shown on the certificate of the supervisor in
determining the number of persona qualified as freeholders.
SECTION 7. VOTING: BALLOTS, ABSENTEE PROOMME.
A. VOTING.
Each elector is,,piven a ballot by the inspector. Before
delivering the ballotAthe 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, re-
tire alone to bootie or compartment provided, and place an "X"
mark before the name of the @undldate of his choice for each off-
lea to be filled or by filling a candidate's name in the blank
.apace provided and placeand "X" mark in the margin,end likewise
marking an "X" before the answer he desires in case of question
OR 4 •.,52
PAGE 6-OF/9
MICROFILMED 3-/a -s`
submitted to a vote. No ballot, however, shall be voided or do-
olared invalid in any election conducted by the Town of Oape Can-
averal by reason of the fact that same is marked other than with
an "% ', so long as there in a clear indication thereon to the
election officials that the person marking such 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 on the ballot opposite suoh oan-
didate's name.
B. INSTRUCTIONS POR ELECTORS.
The Town Council shall prepare instructions for the also -
tore in preparing their ballots. It is the duty of Election in-
spectors to post said instructions in a conspicuous place at
each precinct an information for electors. The instructions
shall contain information as to how to obtain ballots, how to
prepare ballots for deposit in the ballot box, how to obtain a
new ballot In place of one accidentally spoiled, and ouch other
information as may be deemed necessary.
O. SECRET VOTING.
In all elections the voting is by secret, official ballots,
printed and distributed as provided by this code, and no ballot
shall be received or counted in any election, except as prescrib-
ed by this code.
D. E)MIUATION BY ELECTION BOARD OP PHYSICALLY INFIRM
ELECTORS.
(1) Where any elector is unable to write, or in Incapaci-
tated for writing, or because of blindness, or inability to read,
or physical incapacity, or is unable to prepare his ballot, 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 hand-
writing and certify to in the space provided for his signature.
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 ate? Your sex?
4. Your address?
5. Your occupation?
6. Why are you unable to nrrite?
7. Did you previously present yourself and have your
name entered on the registration books in time
for this election?
S. Are you a duly qualified elector?
9. Are you physically, able to cast your voter
(If answer is "no' then ask: (a) Do you now request
assistance in votinGT_ _ (b) Why do you need ouch
assistance? )
I further certify that I correctly wrote in the answers as
OR 4-62
PAGE G' OF/r
_ t -
.m-- MryCiORAFItD
given by the applicant and compered them with the information
on the registration books opposite the name given by the app-
licant and found the applicant qualified to vote.
Clerk or Inspector
I hereby certify that this form filled out and signed by
an election official of this precinct was handed to my by the
applicant who was personally known to me or who told me that
his name and address was that shown on the form; and I admitted
the applicant to the booth.
'(signature of official.preparing
ballot)
Ithen 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 requests such assistance.
I certify that I assisted thin 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 eases only the elector may upon request be assisted by two
election officials that he may select or some other person of
his mm 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 Town Ooundll of Oape Oan-
averal to furnish a sufficient number of forms to the supervisor
who shall deliver a sufficient number thereof to each voting pre-
cinct along with other election paraphernalia.
E. ASSISTAIdOE TO BLIND. DISABLED AND ILLITERATE ELEOTORS
IlI bILZKING BALLOTS.
Any elector applying to vote in any election who is blind,
or has lost the use of his hands or hand, 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 inapoctorn. In all canes any elector before retiring
to the booth may have one of the clerks of the election read over
to him the titles of the offices to be filled and the candidates
therefor. After the elector requests the aid of the two inspect-
ors, 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 im-
mediately from the voting place.
F. TO OOOUPY BOOTH ALOYE: TINE ALLOTTED ELECTOR.
When the elector prese--; himself to vote, the election off-
icial shall ascertain whether his name Is upon the register of
electors, and if his name appears and no challen„e interposes, or
if Interposed, be not sustained, one of the election officials
stationed at the entrance shall announce the name of the elector -
-7- PAGE 7 A /9--
MICROFILMED .�i.�-se
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 (5) ,
minutes or be allowed to occupy a booth already occupied, or
to speak with anyone, while in the polling place. If an elec-
tor required longer than five (5) minutes, then upon a sufflo
Sent 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 eleotor has voted, declined or failed to vote within five
(5) minutes, he shall immediately withdraw from the place and
go beyond the prohibited distance. If he refused to leave
after the lapse of five (5) minutes, lie shall be removed by the
election officials.
G. ELECTOR TO DEPOSIT BALLOT.
After preparing his ballot, the elector shall fold the
ballot no as to conceal the face and show the stub attached
with the name or Initials 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 pro -
Bence of the inspectors. The detached stubs are numbered con-
eecutively and filed by the inspectors.,
H. RMING MORE IIAI•IES THAN PER30ITS TO BE ELECTED.
If the elector marks more names than there are persona
to be elected to an office, or if it is impossible to deter-
mine 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 from voting for any qualified
person other than those whose names are printed on the ballot.
I. ELECTOR HHO SPOILS BALLOT.
Any elector who shall, by mistake, spoil a ballot, no he
cannot 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 (3)
ballots, or carry a ballot outside the polling room. The clerk
of inspection shall keep a record of all ballots destroyed.
J. PERSONS OFFERING TO VOTE MAY BE CHALLElIGBD BY A11Y
ELEOTOR CR WAT_C_HER; OATH OF CHALLEIIGED ELE TOR• D' T'ER1•IINATION
OF CHALLENGE. .
When the ri;,ht to vote of any person who desires to vote
is questioned by any elector or watcher, the challenge is com-
municated to the inspectors, before the person is permitted to
vote, when his r1Cht to vote must be determined by law. It is
not necessary for the elector or watcher entering the challenge
to state any reason for such challenge. The inspectors of elec-
tion shall Immediately deliver to the challenGed person the
following form of affidavit:
STATE OF FLORIDA
OOUIITY OP BREVARD
I do solemnly swear that my name is ; that I am
_ears old; that I was born in the state of or the
country of ; that my residence in on
Street in the Town of Cape Canaveral, Brevard County, Florida;
that I personally made application for registration and signed my
name and that I am a qualified elector.
-8-
signature of elector
OR 4 6�
PAGEB.OF /� ,
MICROFILMED
Sworn to and subscribed before me this _day of _, 19_.
signature of inspectors of election)
Any inspectors or clerks of election may administer theoath.
If the challenged person refuses to make and sign the affidavit,
the inspectors shall refuse to allow him to vote. If such person
makes the affidavit, the inspectors and clerk of election shall
compare the information in the affidavit with that entered on the
registration books opposite his name, and, upon such comparison
of the information and his signature and the taking of other evi-
dence which may then be offered, the inspectors shall decide by
majority of votes whether the challenged person is permitted to
vote. If the challenged person be unable to write or sign his
name, the inspectors shall examine the precinct register to as-
certain whether the person registered under the name of such per-
son is represented to have signed his name. If he Is so represent-
ed, then he shall be denied permission to vote without further ex-
amination; but, if not, then one of the inspectors shall place
such person under oath and orally examine him upon the subject
matter contained in the affidavit and if there is any doubt as to
the identity of such person, the inspector shall compare his ap-
pearance frith the description entered upon the Drecinct register
opposite his name. The inspector shall then proceed as in other
cases to determine whether the challenged person is permitted to
vote.
K. PERSONS ALLOWED Ill POLLING PLAOES.
As malty electors are admitted to vote as there may be booths
available and no person is permitted under any pretext to come
within fifteen (15) feet of any polling place whatever from the
opening of the polls until the completion of the count of the
ballots and certification of returns, except the Chief of Police
or iris assiatant, while on official duty, the Town Attorney who
shall be available to advise the election officials on any matter
requested by them in connection tirith the conduct of said election,
the inspectors and clerks of election, and said watchers hereifafter
provided.
L. WATCHERS AT POLLS: APPOINTMENTS: DOTIES.
All individual candidates for office are permitted by the
election officials to have one watcher in all polling places from
the beginning to the conclusion of all elections. The watchers
ara not vermitted to come closer than fifteen (15) feet from the
official a table or voting booths but are allowed within the poll-
ing room to watch and observe the conduct of electors and officials;
except that during the count of ballots the watchers may be per-
mitted close onough to observe the ballot markings provided that
same does not interfere with the orderly count by the election of-
ficials. The watchers are required to furnish their materials
and necessities, and shall not obstruct the orderly conducting of
any election. Durinj,the elections the officials are required to
call out the names of electors loud enough to be heard by the wat-
ers. The authority of the watchers required to be presented to
the election officials is their appointment or designation by a
candidate In writing.
M. SPECIPICATIONS FOR GEIIERAL ELECTION BALLOT.
The general election ballot shall conform to the following
specifications:
(1) The ballot shall be printed on paper of such thick-
ness that the printing cannot be distinLuished from the back.
(2) Across the top of the ballot shall be printed
eOPPICIAL BALLOT, GENERAL ELECTION." beneath which shall be print-
OR PAGE 0919
C 5 "=
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ed the date of the election, the Tozm of Cape Canaveral, Florida.
Above the caption of the ballot shall be two stubs with perfor-
ated line between the stubs and between the lower stub and the
top of the ballot. The top stub shell be Stub Ito. 1 and shall
have printed thereon, "General Election, Official Ballot," and
then shall appear the name, Town of Cape Canaveral, Florida, 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
aide shall be "Initials of Issuing Officer" under which there shall
be a blank line. The second stub shall be.the same, except there
shall not be a space for signature of the elector.
(3) Beneath the caption and preceding the names of
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 ap-
pear tho. names of the officers and names of duly nominated can-
didates for the respective offices.
Immediately following the name of each office on the
ballot shall be printed, "Vote for One." (The number of candid
rtes to be voted upon for.the respective office to be filled.)
(4) Should the above directions for complete prepar-
ation of the ballot be insufficient, the Town Coundil shall deter-
mine and prescribe any additional matter or form, including the
number of columns in which the ballot may be printed, so as to
provide a presentable ballot and conserve paper.
11. PUBLIC MEASURE.
Whenever a public measure shall be submitted to the vote
of the people, the substance of such measure shall be printed on
the ballot one time, followed by the phrase "for the measure" and
also the phrase "againot the measure, Sany appropriate word.or
phrace may be substituted for the word 'measure ") with a suffi-
cient blank space thereafter for the placing of the symbol "X"
to indicate the voter's choice.
0. COPY OF PUBLIC MEASURE TO BE POSTED.
Whenever any measure is voted upon at any election, the
Town OoUncil shall have a cony of such measure conspicuously
posted at each pealing place.
P. POM OF GENERAL ELECTION BALLOT.
The form of the general election ballot shall be as follows:
ILO.
GZMRAL ELECTICIT OFFICIAL BALLOT
TO-MIT OF CAPE CANAVERAL, FLORIDA
19_
SiC.naturc of lector Initial of InsuinG Officer
��;:s:eaiwauww
110.
-� GBIBRAL EOLECTIO11 OFFICIAL BALLOT
TOifii OF CAPE C;1dAVERAL, FLORIDA
19_
Initial of lssuiZ Officer
auucc;:utH:rna
GEITER;:L ELECTION OFFICIAL BALLOT
TOY:1 OF CAPE CANAVERAL, FLO3UDL
19_
-10- on 4r - 62
PAGPO, 0F:14%
MICROFILMED
To veto for a person whose name is printed on the ballot, mark
a cross (X) in the square at the right of the name of the person
formwhom you desire to vote.
To'vote for a person whose name is NOT PRINTED on the ballot,
WRITE THE NAIIE in the blank square provided.for that purpose.
POR "MAYOR OOMISSIONER
(Vote for One)
POR TOWN OOMMISSIONERS - TWO (2) YEAR TERM
(vote for two)
FOR IiUIiICIPLL JUDGE - TWO YEAR TERM
(Vote for one)
Q. PUBLICATION 02 BALLOT FORM. -
Upon completion of the list of qualified candidates, or the
determination of a public measure to be voted upon, the Town
Council shell publish in a newspaper of general circulation in
the town at least _days before any election of whatever nat-
ure a sample ballot form.
R. NU IBER OF BALLOTS REQUIRED.
There shall be at least as m' official ballots as shall
be equal to one hundred and ten (110) per cent of the registered
qualified electors at the voting place.
S. VOTI2G 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 tiro ballot stubs and the elector shall sign his name on
the line of the top stub, end 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
such other identification. If the Inspector is reasonably sure
that the person is entitled to vote, he shall then detach and re-
tain 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 b detached without folding. 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 the remaining stub and the
elector shall then 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 permitting
him to vote. Inspectors of elections, where ballots are used, are
clothed with such police power as is necessary to carry out the
provisions of this section.
T. ELECTI042 CLERK TO KEEP LIST OF THOSE VOTING.
Mien any person has voted, his name shall be chedked on the
margin of the page opposite hi.s name or at the place indicated.upon
OR 4-62
-ll-
PAGE// 0
MICROFILMED
the registration books by ane of the inspectors, and the clerk
shall keen a poll list containing one column headed "Names of -
Electors, and the name of each elector voting shall-be entered
In such column. The inspectors may prevent any person from vot-
ing a second time when they have reason to believe that the per-
son has voted. They may refuse to allow any person to vote who
is not a qualified electors or who has become disqualified to
vote in the town or prevent any elector from consuming more than
five (5) minutes of voting. But no inspector shall handle the
ballot being voted or interfere with the voting of any elector.
U. BALLOT BORE S MID BALLOTS. -
The Town Council shall prepare one ballot box for each poll-
ing place of sufficient size to contain all the ballots of the
particular polling place and in the event more than one polling
place shall be used, the ballot box shall be plainly marked with
the name of the polling place for which it is intended.' All
ballots shall be prepared by the Town Clerk under the direction
of the Town Council.
• V. ORDER OF I Olt BALLOT.
The ballots printed shall contain the names of all qualified
candidates who have not declined and said names shall be printed
on the ballots in alphabetical order under the name of the office
for which nominated.
SECTION 8. STRIKING IIA14ES FROM REGISTRATION BOOKS.
The supervisor shall strike from the registration books any
name appearing thereon where he has evidence that the person re-
gistered illegally; however, the person has the right to appear
before the supervisor and establish the legality of his regis-
tration, in which event his name shall be restored to the books.
SECTION 9. ELEOTION BOARD TO REPORT VIOLATIOIIS OF THIS CODE.
It shall be the duty of the clerk end inspectors to report
any violation of this code to the proper prosecutin; officers of
the Town. If ordered by a majority of the board of any polling
place, any person presenting; himself to vote may be arrested by
any peace officer attanding ouch polling place, for known vio-
lations of the election code.
SECTION 10. ABSEilTEE VOTING: ABSENT ELECTOR DEFINED.
A. The term absentee elector shall mean any registered and
qualified elector who duo to physical disability is unable without
mother's assistance to attend the polls or any qualified elector
wherever he m;q be, except persons confined in prison or jail, so
Ion[.,, as he will not be in the Town 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 provi-
sions of this code.
B. ABSEI1TEE BALLOTS: APPLICLTION; TIME: FORIT.
Away elector who will be absent on the day of an election from
the Tote or who is pbysicall.y incapable of appearing at the poll-
ing place may make application to the supervisor, either in person
or by mail, at anytime during the thirty days preceding any elec-
tion, but not later than 5 o'clock in the afternoon of the fifth
day preceding such election, upon a blank to be furnished by the
supervisor for the official ballot to be voted at such election.
The application blank shall be delivered to or sent by mailimmed-
lately to the absent elector. Such blank shall be in substantially
the following form, signed by the applicant, and witnessed as here-
in required.
-12-
OR
62'-
PAG /Z0 Fl?
MICROFILMED 3'/'4.0
Application for absent elector's ballot:
I, , duly qualified and registered no an else-
for of the Town of Gape Canaveral, Brevard County, and State of
Florida, and a , not confined to prison or jail,
@ive occupation ..
Will be unable to attend the polls in said Tows on the day for
holding beoeuse (check appropriate rea-
son:)
designate which election)
- -
(1) ( ) I am physically disabled and unable (without assist -
ance of another) to attend the polls on election day.
(2) ( ) -I will be absent from the Town during the entire per-
iod the polls are open for voting on the day of election and can -
not 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 hold in on
n
Send "absent elector's ballot to 'meat
eat office, county, city address, if any
75—ma address of applicant . Date
In witness whereof I have hereunto set my hand and seal this
_day of 19_.
Signed and sealed in
presence of:
(two witnesses)
(SEAL).
Signature Signature of absent elector
Address
Sienture
Address
Sworn to and subscribed before me
_ (SEAL)
1•1y oommision expires: Rotary Public or other officer
authorized to administer oaths
C. ABSENTEE BALLOT: FILIIIG: RECORD.
Upon receipt of application for absentee ballot, filled out
and signed, the supervisor shall file it in his office and enter
the name and address of the applicant to which the ballot is to
be sent upon a list to be kept by the supervisor or clerk for that
purpose, together with the date of receiving the application, the
date of mailing or delivering the ballot to the elector, the date
of receiving the ballot from the elector and such other informa-
tion he may deem necessary.
FORMD. MILING ABSENTEE BALLOTS: I1UNDEMIG RETURN EMLOPES•
.
The supervisor shall, after the printer delivers the ballots
for an election in which applications for absent electors have
been received, prepare the first numbered ballot for the first ap-
plicant, the oecond ballot for the second applicant and so on.
The supervisor shall initial both stubs No. 1 and Ito. 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 stub
No. 3. as if he were voting on election day. The supervisor shall
then detach the ballot mid stub No. 2 -from No. 1 and forward by
mail, postage prepaid or delivered personally, one of such bal-
lots with stub IIo. 2 attached (or if there be more than one kind
of ballots to be voted, they. one of each kind) to each applicant
-13- OR 4 -,,62 -
PAGE /3 OF /9
MICROFILMED
from the Town as ehotin by the list provided for by the preced-
ing a80tion, provided such applicant is properly registered.
But the supervisor shall not receive applicatione for absent
elector ballots later than 5 a' clock in the afternoon of the
fifth day preceding any such election. In counting, the day
of the election shall not be counted. The supervisor shall en
close with such ballot two envelopes, a plain white envelope
into which the absent voter shall enclose and Beal 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 supervioor and also bearing on the back side of the "Return
Envelope" a certificate which shall be substantivally in.the
- following form:
ELECTOR'S CERTIFICATE
do solemnly swear, or affirm, that I
am a resident of the Town of Cape, Canaveral, Brevard County, and
State of Florida, and have been a resident of Brevard County for
six (6) months and of this state for one (1) year and am entitled
to vote in such town; that I will not be in the Town during the
time the polls are open (or that I am too 111 to come to the polls).
lector's signature
Subscribed and sworn to before me this _day of _
A.D. 19__, and I hereby certify that the affiant exhibited
the enclosed ballot to me unmarked; that he then In my presence
and in the presence of no other person, and in such manner that
I could not sea his vote, marked such ballot and enclosed and
sealed the same in the ballot envelope; that the affiant waa not
solicited or advised by me for or against any candidate or mea-
cure.
attesting witness -
official title
The statement shall be so arranged that the signature of the
absent elector and the attesting witness shall be across the flap
of the envelope. The absent elector end the attesting witnece
shall execute the said form on the envelope
E. INSTRUCTIONS '20 ABSE:IT ELECTORS.
(1) The suparvisor shall enclose with each ballot sent'
to an absent elector separate printed instructions containing sub -
Btantially the following:
"Upon receipt of the enclosed ballot you will mark the same ac-
cording to ti:e instructions, then detach stub Ho. 2 bearing the
Initial of the supervisor from the ballot. Place only the marled
ballot in ti:e enclosed plain envelope and securely real It, and
then place stub Us. 2 and sealed plain envelopa in the second en -.
velope addressed to the cupervisor. Fill out the ":lector's
Certificate" on the back of the envelope, sign and have theen-
velope oi�:ned by an attestin; witness, place the necessary post -
age upon the envelope and deposit it in the post office or in
some governmental recepti -le provided for the deposit of mail,
or deliver it personally to this office so that absent elector's
ballot will reach the supervisor of the Town not later than
5 o'clock of the afternoon of the day preceding the election.
(2) Any notary public, United States postmaster, assis-
tant United States postmaster, United States postal supervisor,
clerk in charge of a contract postal station, or any officer huv-
inS authority to adminictor an oath or take an acknowledZment may
be an attestinZ witness.
q g
pf AGEy�f OF /9 '
MICROFILMED
If a postmaster, or assistant postmaster, or postal super-
via or, or clerk in charge of a contract postal station acts an
an attesting witneas, his signature on the "Elector's Certificate"
must be authenticated by the cancellation stamp of their respect
ive post offices. If one or the other officers named acts as at-
testing witness, his signature on the "Elector's Certificate" must
be authenticated with hie official seal. -
(3) Any affidavits made by an absent elector, who is In
the armed forces, may be executed before a commissioned officer,
warrant officer ornnon- commissioned officer not lower in grade
than sergeant or its equivalent navy rating, or any person author-
ized to administer oaths.
F. ABSEIITE3 ELECTOR'S BALLOT; SIGNING. SEALING. R&ILIliG.
Upon the receipt of the absentee ballot and printed in-
structions, the absent eleotor'shall, in secret, mark his ballot,
follow the instructions enclosed with his ballot, place only the
marked ballot in the plain envelope and return same to the super -
visor of the Town.
G. SAFEKEEPING OF NAILED BALLOTS: DEADLINE FOR RECEIVING
ABSENTEE BALLOTS.
The supervisor shell safely keep in his office any envel-
open received containing marked ballots of absent electors, and
he shall, before canvassing of the election returns, deliver the
envelopes to the Town Council and hie list kept regarding same.
All marked absent elector's ballots to be counted must be re-
ceived 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 application 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 supervisor by United States
mail or personally voted in the office of the supervisor before
the deadline for receiving said ballots.
H. CANVASSING ABSE'T ELECTOR'S BALLOT.
(1) The supervisor shall receive the voted ballot and
shall safely keep the ballot unopened in his office until the
Town Council canvasses the vote according to law. The canvass-
ing board shell compare the information on the back of the envel-
ope with the registration book to see that the elector is duly
registered in the Trim, has not voted on election day and to de-
termine the legality of the absent elector's ballot. If it is
determined, 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
L and the ballot contained therein shall be preserved in
the manner that official ballots voted ere preserved.
(2) The Town Council shall then open the covering
envelope and record the ballot upon the poll book 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 envel-
ope came out of which signed envelope. The vote of all absent .
electors shall be added to the total of the poll for the Town.
(3) The supervisor of the chairman of the canvassing
board shall, after the board convenes, have custody of the ab-
sent elector's ballots until a final proclamation is made as
to the total vote received by each candidate.
I. VOTIl:G IN PERSON; RETURN OF BALLOT; DOUBLE VOTING.
The provision of this code shall not be construed to pro-
hibit any absent elector, returning to the toils, from voting in
OR 4 -'62
-l5- PAGE /SOFI9
r x ,
,:. — •MICROFILMED' 3- ,c� -��
any election notwithstanding that he may have made application
for an absent elector's ballot and same may have been mailed to
him; provided, that the elector has not voted the ballot and pro-
vided also that he returns the ballot if he received same to the
election board. The returned ballot must be marked "cancelled"
by the board and placed in the regular box of other cancelled
ballots.
SECTION 10. POLLING PLACE.
Unless otherwise provided by resolution of the Town Council
of the Town of Cape Canaveral, there shall be only one pIDlling
place in said Town. Each said polling place shall be manaGed by
a board of inspectors and clerk of election.
A. BOOTHS.'
The Town Council shall provide at each polling place a room
or covered enclosure, In such place-or covered enclosure shall
be provided booths sufficient in number to expedite the handling
of said election.
B. TEMPORARY CHANGE OF POLLING PLACES IN CASE OF EPIDE'!•AO.
In case of an epidemic existing in the Town at the time of
holdinG any election, the Town councilmen may establish at any
safe and convenient point outside such infected locality, add-
itional polling places for the electors.
SECTION 11. CONDUCTING ELECTIONS AND ASCERTAINING RESULTS.
A. The Torn: Council, at loart ten days prior to the "hold -
Sng of any election, shall appoint an election inspection board
to conduct said election; or said Town Council may appoint as
many additional inspection boards as in its discretion it deems
desirable to 'expedite the orderly conduct of raid election. Each
election inspection board is composed of four inspectors end one
clerk, ell of whom must be reCistered qualified electors of the
Town of Cape Canaveral. One or more of said boards may be de-
rignated to conduct the voting, beginning at 7 o'clock a.m. and
closing at 7 o'clock p.m., and an additional board or boards may
be designated to count the voter cast or the same board or boards
may be designated to both conduct the voti, and counting of votes
cast. If a board other than the board that conducts the voting
"hall count the votes then the first board shall turn over to the
second board all closed ballot boxes, registration books and other
records of the election at the time the board changea.
The Town Council may require the supervisor to divide al-
phabetically the registration books into as many parts as will
best facilitate the holdinr; of an election. In this connection
a copy or copies of the registration books certified by the sup-
ervisor may be used In coaducting said election, provided that
the original re;;istratlon books shall be available for inspection
In the event the qualification of any elector is questioned.
The Torn Council shall publish the names of the inspectors
a_.d clerks once in a newspaper. published in the Town at least
five (5) days before the election day.
Only electors who can read and write the Englioh language
shall be appointed to the election inspection board.
D. COMPENSATIOU OF INSPECTORS AliD CLERKS.
Inspectors end clerks of any election and the peaco officer
serving at the polling piece shall be paid such amounts as the
Town Council may determine from the general fund of the Torn of
Cane Canaveral.
-16-
OR 4.62
PAGEY6 OF /9•
I
WTMMM
W.,,
MICROFILMED �i3'yD
C. INSPECTORS TO I'LiIIITAIN GOOD ORDER. ,
The inspectors shall possess full authority to maintain
order at the polls and enforce obedience to their lawful com-
mands during an election, and during the canvass and estimate
of the votes.
D. FILLING VACAlIOY_OF CLERK OR INSPECTOR.
In once of absence or refusal to act of any inspector or
clerk appointed by the Town Council, the Town Council shall have
the authority to appointa - substitute inspector or clerk, or it
maid Commission is unable, or fails to meet for said purpose,
the remaining inspectors of said election board may select, by
Majority Vote of said remaining inspectors, a substitute inspect-
or or clerk, as the caee.may be, to full said vacancy. The in-
spmetors and clerks shall each take and subscribe an oath or af-
firmation, which is written or printed, to the effect that they
will perform the duties of inspectors or clerk of election ac-
cording to lair, and will endeavor to prevent all fraud, desist
or abuse in conducting the election. - The oath may be taken be-
fore an officer authorized to administer oaths, or before either
of the persons who are to act as inspectors, one of them to swear
the other, and one of the others sworn thus in turn to adminisyer
the oath to him who has not been sworn. The oaths are returned
with the poll list and the returns of the election to the super-
visor. The clerk of each board shall serve as chairman of the
board. In all questions that may arise before them, the decis-
Ion of a majority of them shall decide the question.
E. DUTIES OF ELECTION BOARD: COURTING: CLOSING POLLS.
At the close of the election the election inspection board
that conducted the election shall +urn the ballot box, regis-
tratioa books and other records over to the relieving board when
more than one board is conduction the election, which shall pro-
ceed to open the ballot box in presence of the public desiring
tp 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 excomds the number of per-
sons 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 be:., and one of the inspectors shall publicly draw out and
destroy unopened as many ballots as are equal to such excess.
I£ tiro or micro 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 ap-
pearance 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. -
If only one board has been appointed, cold board shall pro-
ceed to count the ballots as herein provided.
In counting the ballots the election inspection board shall
use tmre tally call system of counting. -
S3CTIO1I 12. TABULATION OF VOTES A:ID PROCLA/iATIO.l OF RESULTS
1111- BALLOTS A ,E USED.
The election board shall post at the polls, for the benefit
of the public, the results of-the votin for each office or other
item on the ballot as the count is completed. Upon completion of
all counts in all races triplicate certificates of the results
shall be drawn up, upon a form provided by the Tots Council, by
the inspectors and clerk at each polling place, which shall con-
tain the name of each person voted for, for each office, the num-
ber of votes cact for each person for such office, and if any ques-
tion is submitted, the certificate shall also contain the number
of votes cast for and against the question. The certiticato shall
-17-
0 R P4/7
i"
MICROFILMED 'a A "'
be signed by the inspectors and clerk and one of the certificates
delivered without delay by one of the inspectors, securely sealed,
to the supervisor for immediate publication, and the remaining
copies shall be enclosed in the ballot box together with the poll
lists and oaths of inspectors and clerks'. All the ballot bozos,
ballots, ballot stubs, memoranda and papers of all kinds used in
the election 'shall also be transmitted, sealed by the.inspectors';
11th the certificates of results of the election to be filed in
the supervisor's office. ReZistration books shall not be placed
in the ballot boxes but returned to the supervisor.
SECTION 13. CHIEF OF POLICE AT EACH POLLING PLACE. - A. The Chief of Police shall appoint a deputy or police
officer for each polling place who must be present during the time
the polls are open and until the election is 'completed, who shall
be subject to ail lawful commands of the inspectors and who shall
maintain good order. The deputy may summon a posse from among
the bystanders to aid him when necessary to maintain peace and or-
der at the polls. - B. CHIEF 0? POLICE AND OTHER OFFICERS NOT ALLOWED IH POLL+%
ING PLAOES. -
Ito officer is allowed within the polling place unless aun-
moned by a majority of the inspectors. -
SECTIOIt 14. TOW1 COUNCIL TO SERVE AS CAIIVASSING BOARD: DUTIES. -.
It shall be the duty of the Town Council to canvass the re-
turns of all elections within forty -eight (43) hours after the re-
turns are received and to declare the result of all elections; end
if, at oily general election held in said towa for the election of
officers it shall occur that any two or more candidates for the
cane office shall receive the came number of votes whereby there
shall be a failure to elect any one of such candidates to ouch
office, t%ea and in that event the Totm Council shell call a special
election to be held as early as pos:,lble thereafter to determine
which of said candidates shall be elected to ouch office
The canvass, except absent electors' returns, shall be made
entirely from the returns and certificates of the inspectors as
signed and filed by them, and the Town Council shall not change
the number of votes east for the candidates or nominees, respect-
ively, in an:; pollinG place, as shmm by the returns.
The canvassing board may employ such clerical help to assist
with the wort: of the board no they 'deem necessary with one member
of the board .present at all times until the canvass of the returns
is coaulotod. The clerical hdlg shall be said from the seine fund
as inspectors and other necessary election o£ficialo., -
S20T10d1 15. OStDID! ^ES FOR OPPIOE.
Each and every candidate for office in an election of the
Towa of Cape Cana•;eral shall be a qualified elector for the elec-
tion in which he is a candidate for office.
SECTIO'r. 16. ELECTION CODE; VIOLATIOIIS; PENNIES.
A. DISTRIBUTIC:1 02 LITERATUR''. ETO., ITEAR POLLING PLACES.
On the day of any election it shall be unlawful for any per-
son to distribute any political pamphlets, cc.rdo or literature of
any kind or solicit votes or approach any elector in an attempt to
solicit votes -,rithin 100 yards of any pollia„ place. All peace
officers or election of:icinla shall arrest any person violating
the provisions of this section in their presence. Any person
violntin„ the provisions of this section shall be, upon conviction,
Guilty of a misdemeanor.
-la- 0 R 4 •62
;: PAGE�B.OF /9
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