HomeMy WebLinkAboutOrdinance No. 32-1965�€i ? REPEALED
MICROFILMED C, PD.zC -7z a,4D °�3 .
3.13.80 oRD. pia 6si3
ORDINANCE 1:0. .32 -65
AN ORDINANCE RELATING TO THE ELECTION3
OF CITY OF CAPE CANAVERAL, FLORIDA,
RELATING TO QUALIFICATION? AND RrGISTRA-
TION OF ELECTORG, REGISTRATION OFFICERS
AND PROCEDURES: CANDIDATE, AND COLTESTING
ELECTIONS: ELECTIONS, GENERAL, SPECIAL,
SO:1D AND REFERENDU;•;: VOTING: CONDUCTING
AND CANVASSING R =SULTS OF EUCT IONS AND
ADOPTING A PER;-ANENT REGISTRATION SYSTEHt
PROVIDING A PROCEDURE. THEH17OR: DESIGNATING
THE CITY CLERK Al 4UPHRVISOR OF REGISTRATION
AND AS CU:TODIAN OF TIC IMISTRATION BOOKS;
PROVIDING FOR R?N.OVAL OF NAM SS FROM
REGITTRATIOti DOOMS; PROYIDI':G AN EFFECTIVE
DATE; REPEALING ORDINANCE 110. 4 -62.
BE IT OROAIIED BY TILL CITY COUNCIL OF TIC CITT OF
CAPE CANAVERAL, FLORIDA:
SECTION 1. DEFINITIONS.
The following words and phrases when used in this
code shall be construed:
"Elector" as used throughout the code is synonymous
wits the ward "voter" or "qualified elector or voter."
Whenever the word 'supervisor" is used, it shall mean
the supervisor of registration, city clerk or other official
perforadng the services of supervisor of registration.
"Code" as used throughout this ordinance is synonymous
with the word "ordinance".
Any question concerning elections in the City of
Cape Canaveral not covered by this ordinance shall be covered
insofar as the same is applicable, by the election code of the
Otate of Florida.
SECTION 2. NC:- PARTISAN PROCEDURE.
That a single registration system for the registration
of the electors of the City of Cape Canaveral to qualify then
to vote in all elections is hereby adopted and shall be used
in all elections of the City of Cape Cann,;eral hold subsequent
to the adoption hereof.
SECTION 3. REGISTRATION 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 registration, upon proof of his birth date, who is a
citizen of the Urited States, a permanent resident living in
Florida for one year and residing in Br^vard County and the City
of Cape Canaveral for six months and residing in the City of Cape
Canaveral at the time of registration is oligible to register
with the City Glerk when the registration books are open.
Naturalized c- Lizers must present to the registration officer .
certificate of n- turaliicaLicn or certified copy thereof. The
following persons are net entitled to vote.
PAGE/ OFZZ
MICROFILMED 3.13.80
1. Persons not registered.
2. Persons under guardianship or confined to
any state prison.
3. Persons insane or idiotic.
4. Persons convicted of any felony by any court
of record and whose civil right's have not been restored.
5. Persons convicted of bribery, perjury, larceny
or any infamous crime in this or other states, or interested
in any wager depending on the result of any election.
TIM CITY CLERK IS HERMY DESIGNATED SUPERVISOR
OF REGISTRATION AND IS TIE OFFICIAL CUSTODIAN OF THE BOOKS
AND ALL REGISTRATION RECORD:;: The City Cleric is hereby
designated supervisor of Registration and in the official
custodian of the books of registration with the e::cluaive
control of matters pertaining to the registration of clectora.
H. REGISTRATION; PHYSICAL DISABILITY; ILLITERACY.
(1) A person shall be registered upon
furnishing the City Cleric with information required by law
and after being duly sworn by the City Cleric and signing
the registration books.
(2) If an elector is unable to marls 'ifs
ballot or sign his name, the regintering officer shall sign
the elector's name and enter his reasons upon the rc;istcv.
(3) (a) If physical infirmity is reason
for inability to write, he shall atate that fact.
(b) If illiteracy is claimed as reason
.or inability to write upon the registration book, i.ient- ,ficat'_or.
•iiip or ballot, then upon submitting satisfactory proof that
the person cannot write his own name, the applicant may be
mellowed to mark the rcgistration book, identification slip or
:,allot by using the ' " mark as means of writing his si.,�naturc.
'the City Clark shall, in addition to entering that fact on tae
bookc, enter a full description of the person, giving klu
height, approximate wc!.;,ht, color, co:,olextion and color of
cycs.
C. REGISTRATION CERTIFICATE.
A certificate of registration shall upon
request be furnished each registered elector upon re;;isterin,-,,
I contal;.ing a statee:ent of: 'ull name, place of residence,
3c ;:, , state or country of nativity, occupation, color,
free'uoldcr status, date of rc;;istration and signature of the
regia'ration officer.
D. REGISTRATION OF FREL:iOLDE•R.
(1) The City Clcr;c or other registering
o:ficer shall require eve.•„ peraon re;;isterin; to state u: -.der
oath or affirmation whether he is a frecholdea ut:o reccr i.
cpposite his name 1. -::c registration boo; :s.
(2) T. !:y Cocno'1 r_ any '�..
:or rcgis .ntia. of rev cl� cloct :e: for :.he ti..." e'
secur: „ a new ':p -tc _;. 11.3t 0: ;o _
PAGE2- OF2'Z '
MICROFILMED 3.13.80
for qualifying freeholder electors to participate in any
election called for the purpose of approving the issuance
of bonds of such city or for the purpose of approving an
act with reference thereto.
Tile latest list of re- registered
qualified freeholders shall supersede prior lists and in
any bond election held after re- reL�ictration 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 freeholders may re- register
and are qualified shall participate.
(11) The City Council shall be resolution
call for such re- registration, notify the City Cleric, and
shall publish the calling of such re- registration in a
newspaper of general circulation in the City of Cape Canaveral
once a week for four consecutive weeks or by posting same
In three public places, one of which shall be the City fall,
for a period of four weeks stating the purpose and use of
such re- registration.
(5) Tile 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 re- rer.;latered freeholders
shall be available, as pro• ;idcd by lair.
E. PERSON:; IRDUCMD INTO FIILITdRY SERVICE
RE- R3GISTB.1TI0N : u*t .l il,"t., utJlin •.i ;uu,t't . uwin.
(1) d perscn inducted into the military .
scrcice of the United .itatco and re :cainir.,; in service
when the re;;iatratio: toes of the Jlty of Cape danave_ -al
a"e open for of electa_s is e::oept fra.l
- re,;istra. ion as a p-.crequisite to cote in electio:a,
pro*.-' e" she person has rc;;istcreu a. an elector and hic
neae has not been ro,io;ci fro:a the regis :r ation lists.
(2) No persons entitled to c.o mption jue
to military,; service shall be deprived of votin;; in any
election because of failure to re--c,-"-ter, but ti:e City
Cler:: or other officers may require reasonable
proo:' of his nilita:y norvice, as ;;rounds for exemption.
R. REGISIRATION OR FEDERAL EI.3LOYEES AND
.then a person holilnC; a position in the
;overnment of the United ;;tatea or in ti:e military service
Sa, by reason of his duties incidert to his position,
required to be absent from the state during the period of
time required for the re;;istration of quallfici clectoro
to vote in an election as now required by law and thereby
unable to ^e�istcr, in euea a case It is lawful for such
elector, if retainin;; his qualificasions to •.etc under his
last registration, to 1rakc out and foraard to the supervisor
of the city in which he is re;;iatc_el the following Lffiduvit,
or one In substantially the aa., :o :'o :,a;
.;T.M. OR
COUNTY OF
Before me, authority, au." ;sized
to tW.,e oaths, personally appearoo
::ho, being by me fire:• du sworn,--poses ane says taau
-3-
PAGE3 OF-L4
f.: ;:
MICROFILMED 3.13.80
(she) is a qualified elector of the City of Cape Canaveral
and that allies the tilnc of buch ragistration he (nhs) has
not by any act of oralasion of co:nminoion become disqualified
to serve as a qualified elector in the City aforesaid. That
he (she) re- afflrmo the oath taken by him (liar) upon his
(liar) original reGictrativn; and that he (chc) hereby
authorizes the City Clark in the city aforesaid to transfer
his (her) name fro:a the present reglotration books and re-
regiater the same in the nc :r registration books. That he
(slit) holds a position tinder the Gocrnnicnt of the United
States or in the military service and by reason of the duties
attendant thereto it is ?mposoiblc for him (her) to appear
personally before said City Clerk at any time within the
time allowed by law for such re- re(;lstration.
Sworn to and subscribed before me this day
of A. D. 19
e wlu 1 L e 01 O 1leer
ad:.linictering oath)
Upon receipt of this affidavit the City Cleric shall
laa%o out his renewal certificate of registration, tranzf2rr1n3
the elector's prior registration to the new registration bocl :o,
and the renewal or transfer of reds t ration, when so allowo
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 re�;istration.
SECTION 5. IMISTHATI0;1 OFFICE, OFFICERS :UID
r :1�CiUU.wB.
:1. Tne City Clark shall 1•ccp the registration
boo;:s open at his (her) office on such days and during the
usual hours that the office of the City Clerk of the C1-;
of Cape Canaveral is open for buoircoo. All registration
books close on the tweifth day prccc linU the day on which
there is a general election and c'nall re. �.alr. closed for
five (5) days follow::;; the election. ho person shall
register at any Lima other than durin„ the period pro idca
'or re- re;;1otration of elector::. In co:npv;:in[-, the
day period, tike election Jay is ciichuicd.
(1) when a special election is ca11eJ at
a time vilhon the books are open, the City Clark shall ales
all boob.^, to further rc- re;;lotraLion three days prior to
election date or ii :unediatcly in the went the date of the
election is loss than throe days.
(2) Dy resolution properly adoptc, the
City Council may authorize the openin;; of the regiu.:raticc
boobs durin;; hours otter than t;e unual office nourz of
the City Clerk.
D. CITY CLEM, SUFERYIjOR OF lU;CI5TR..TIC.:
1,111) CUSTODIAN
(1) Tile sit; Clcr:: is hereby des.t lisle.,
cunervlcor of registration and 1, '.he official c,sto.:a
of the boo':o of regint:ration 'w1: :h ae c::clunL:c coris.•O.
of mutters pertainin;; 'a tllc rc;;is` ratio. of elocto::;.
(e) k'hcne.cr :fall cc...: to 1:10 or ht,,:
know!cdgc that any cicu.o= har. dic.i Or ::a0 ' eco :c
4.:allflcd to vote by red: ;oih Of cenvictlo:: of a0 • .aq__.L :,.'
cri::c or fro.n Other causes, or i:as re ::occc, 1`.0.:,
PAGE OF22Cr,Ol',5
MICROFILMED 3.13.80
without obtaining a certificate of transfer, or his
right to vote has become affected since his re- registration,
the City Clerk shall maim a note on ti:e books opposite the
elector's name, and with approval of the City Council marl:
off the name by runnin3 a pen throuji it and note the date
or erasure, and no election official shall allow such
person to vote, whether the person has a certificate or not,
unless he e- hibits to the election official a certificate
signed by the City Cleric showilig that he has been restored
to the books subsequent to the date of erasure.
C. PURGING OR NAf-M; FRO:d REGISTRATION BOONS;
ItU:.L• LUlta.
(1) Between January 1st and January 31st
of each year, the City Cleric shall mail to each qualified
elector in the city who has not voted in the last preced-
ing general election a form to be filled in, signed and
returned by mail within thirty (30) days after the notice
1s postmarked. The form returned shall advise the City
Cleric whether the elector's status has changed fro:. that
of the registration record.
(2) Names of electors failing to return
the form during this period shall have their names withdrawn
temporarily from the registration bool:s. The lists of the
electors temporarily withdrawn shall be posted at the City
Hall. Names will be restored to the registration records
when the elector, in person, moms knolin to the City Cleric
that his status has not changed. Tile City Cleric is then
required to reinstate the nai,:es on the registration booi:c
without the elector rc- registcrin;,; provided, that when
no such request is made prior to the clouin� of the books
for the ne::t general election, a licit rcgi3trat•1on of said
elector will be required.
SEmoii 6. GE:1vR.lL SPECIAL BOND AND REFEREI:D'dii
A. OPENING .::!D CLOSING OF POLLS, ALL BLECTICNo.
(1) The polls shall be open at the votln,-
places at 7 o'clock on the day of the election and s
be kept open until 7�o'ciocic P.II, of the came day and the
`l,-,c to be regulated by the cuutor:ary time In stardaru use
In the locality. Tre Inspectors uhall make public pro -
clamution of the opening and closin;; of the polls, and durin;;
the election and canvass of the votes the ballet be.*: shall
not be concealed. T.ic tl:.lc of open:'.r,;; ar.I cloair.- polls
shall be obse....cj in all elections.
B. d;AYOR TO 133UE PR03LA1:,'MCN OF ELECTION.
(1) Notice of _11 election:, shall be gi:cn
by proclamation of the 1.•ayo_ of ;; e City or Cape Cm:averal,
designating the offices to be fi'_lcu or matter to be %oteJ
upon and glving the date of the clo ^'Nor anu a' ota_r
info:matlon that r:ay Le necessary to call to t:rc ",:Lender.
Of the electors; Which notice shall be b,; publication tiro
times in uifferent :tec::n, ti�at is to ' , o in one
week and one day in the follo:an;; wce'.c,�:.n a .t e_
publia.lcd in the Court:,; of 3re•:a�, ^1o_i .:e .,,
araich ptbllcatiors shell ;lot be i..o -•cam' :u L :;irt, a _
to the .late of ti:c i:el.�iui. or . ^.:;d; ..:or, al.. I:nt:
tc_:cen uayu p:lo;• to 7T72i ,..7.
-5-
PACES 0r 22.
.......G ),
MICROFILMED3.13.80
C. OMISAAL LLLCTICB L.i }TJ APPLIC, LB TO ALL
ZIM;,riu,i-
(1) The pro• ✓isions in this ordinance for
the holding of general elections ahuil apply to the c::tent
possible in all special or bond elections.
e
D. Piiii3ri0LllLii ii2•:O,JLM*?s.i'.T3.
(1) Any person is jeered a freeholder'aho
has an inuaediato beneficial o:nteraiilp, interest, legal or
•';� equitable, in the title of a fee simple estate in land.
(2) In any election where only freeholders
are qualified to cote, the regular registration books of
the City shall be used, and only those persons erho are shown
thereon as freeholders small be entitled to vote in said
election.
(3) In order to determine the number of
freeholders entitled to rote in each particular election,
the City Cleric shall determine from, tie records of his
office the nunber of freeholders aapearinO on said
registration books and shall excoute his certificate as
to the number, which shall be accepted an the deterination
prima facie of those entitled to rote in the election.
(it) dny registered elector who is not
shown as a freeholder, but who presents to the inspectors
a Coanty or City ta:: receipt ahv.rin; a paynent of ta:ces on
property in his mm or a decd or certified copy thereof
of property in Ilia name or rna: :es a sworn affidavit of
oWnership ^Sting either a legal description, address or
location of the property in ilia nuac, sh_ll be entitled to
rote In tire election and shall be considered a freeholder.
(5) Those acraors on tire registration
books in a freeholder's election to be freeholders shall
be per.nitted to rote in the election.
(G) The number of persons quaiifyin;; In
this : ::annex shall be added to tae nu -fiber shorn on the
certificate of tire City Cleric i s dc' ec =ining the number
of persons qualified as freeholders.
3LCTI01: 7. VOTING; u.:LLOTS, ABSENTEE PHOCLDJiRL.
A. VOTING.
Luch elector is given a ballot or escorted to
the mechanical rot!ng machine by ti:e inspector. If a paper
ballot is used, before Jcli•.crin3 the ballot to the elector,
one of the inspectors shall write his initials or nx. :e on
the stub attached to the ' uallot; then ti:c elector shall,
withoat leads% the pollir:;; p" -ace, retire alone to a booth
or compartment pro•.ided, and place an "n earl: before the
na;.:c of the candidate a,. iris choice for each office to :)e
filled or by fillln;; a canJidate's na:ic In the blank apucc
pro•lded and .place an ':.' ::ark in the :::ar;;in, and like• ::lac
mar:cing an ' before the miawer le desires in cane of a
qucation submitted to a vote. I :o ballot, howc• :cr, r, :all
be *,,aided or declara election conducted Sn:aY!d iu ally electio conducted u,
the City of Cape Cuna.e_al by r -anon of tie fact that r=rO
is c:ar::eJ other Limn t:!ti: all ., ", no loll;; as there is a clear
Indication thereon to tie• election CM first the peso:.
auctr ballot i 4 :Je a Jef- -'' ;e choice, mid Pron�c.
furt'ncr• that the :. :a : :placcd o: s;.i� ballot •'!th reoprct tc
any candidute by a::y accir toter .,:..._
uc located Sr. tr:e nc��•'..c
PAGE4 OF22
MICROFILMED 3.13.80
on the ballot oppo;it'e n;:ci: c.aididat•:1a na;.t..
D. 111STRUCTIONj FOR ELECTORS.
The City Council .hull prepare instruction for
fire elector . in preparinG their ballot— It is tite duty
of election inspectors to peat said intructiona in a
conspicous place at each precinct •z information for electors.
Vic instructions shall certain infor, :iation as to hoar to
obtain ballots, how to prepare ballots for deposit in the
ballot be::, ho;r to obtain a not; ballot in place of one
accidentally spoiled, or in the alternative, now to use a
mechanical votinc machine and a display of the votinG ballot
as upon the toting machine, and such other infon :ration as
may be deemed necessary.
C. SECRET VOTING.
In all election. the •.OtinG is by secret vote
and no vote shall be received or counted in any election,
e ::cept as prescribed by this 0:dinance.
D. E: :.i! :I: : :1TI0 :1 DY EMICT2O :1 MAD 0: Pli`'SICALLY
(1) Where any elector is unable to write,
or is incapacitated for writinG, or because of blillineoa,
or inability to read, or physical incapacity, or i table
to "Ote, the clone or one of tae irrpcoto:a .shall p'- -ace
the pesos, under oath and o'all, e:a.:c..c nii.l utaor -n,; to
rite for:: provided below, watch .o2..: t o c1c.:c o.• ' trpcctor
.hall fill out in Iris own nano. :'_tin;; •an- nerd_ ^;; to =r
tho space providod fo' ilia ui;;nat. :r a
This fora .pall be a.. bllo : :s:
I hereby certify that an applicant to ote
stated that he could not write, :+hereupon i propounde9 t..c
foli.owinc queotions to tite applicant:
1. hold up your r - gilt han.i. Do you
swear that the an.wora you ;;i.c to these questions are true,
so help you God?
2. tihat is your
Your ace? Your ac.".?
You, a9d:•_.,
5. You: occupation?
6. :Iii, are you unable to wrlce?
7. Did you pre•riou present you're'_ an•.i
have your name l entored on the rc;;isirat'.o::
books in time foru_a c!ecz on?
8. Are you a duly qualified
9. .lre you physically able to same ;our
cote? (If a :;wor la "no" t.r_•t -mitt (,.) Do ;•o•.! ca;
I`Cquert aa0'_atallee iii -. OtinG? —_(b) i:h`• de you ncea .
such assistance?
-7-
PAGE% OF2z
M}CROFILM3. 3.80
I further co.''aify that I correctly wrote in
the answers as Ci%en by the applicant and compared then.
with the information on the re;;iotration books opposite
the name Chen by the applicant and fog. :nd the applicant
qua'liflcd to vote.
Csar:c o: n.,p.e -;or
I hereby certify that this form filled out and
siCned by an election official of this precinct ryas handed
to me by the applicant who was personally known to me or
who told me that his n�;e and address was that shown on
the form; and I admitted the applicant to the booth.
d
allo Cnautuve of ollicia Preparing
b)
When assistance is Ci:cr., election officla or
person rivinC assistance must oion below.
(Note) : It• in unlawful to assist, or be in
the booth with any elector unless such elector in blind,
unable to read, or so physically incapacitated as to %ote
and requests such assistance.
I certify that I assisted this elector
in votinC e
at his request.
(,;<;;natuvc oT c-7 o;, nspec eor
or person assintinC elector to
vote)
(2) It shall be unlw ful for any person to be
in the :•otinC booth with any elector, e:.cept as pro :.tiled
above. In such cases only the elector :.iay upon request
be assisted by two election officials that he ::ay select
or some other person of his own cnoice who has not
pro;iously no acted for any other person d•:rin;; tho
election. The officials or person of %inC the aosls':mce
shall first be required to ai(;n t;:e certificate last
p:•o•:ided above.
(3) It Shull be the duty of the City Council
of Cape Cana.eral to furnish a nufl'icimtt n:c:oe: o° fo :%:s to
the supervisor who shall ucliver a sufficient nu::be_ Yhc:cof
to each •:otinC precinct alon;; with other election gara-
phernalla.
me
PAGES OF.Z?-
_ MICROFILMED
E. ASSISTANCE TO, BLIND, DISABLED AND ILLITERATE
ELECTORS IN MARKING 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 with-
out suggestion or interference from the inspectors. In all cases 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
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.
F. TO OCCUPY BOOTH ALONE: TIME ALLOWED ELECTOR,
When the elector presents himself to vote, the election official
shall ascertain whether his name is upon the register of electors, and
if his name appears and no challenge interposes, or if interposed, be not
sustained, one of the election officials stationed at the entrance shall
announce the name of the elector and permit him to enter through the
entrance to the booth to cast his vote, allowing only one elector at a time
to pass through to vote. No elector, while receiving, preparing and
casting his ballot, shall occupy a booth longer than five (5) minutes or
be allowed to occupy a booth already occupied, or to speak with anyone,
while in the polling place. If an elector requires longer than five (5)
minutes, then upon a sufficient reason he may be granted a longer period
of time by the election official in charge. After casting his vote, he shall
at once leave the polling place by the exit opening, and shall not be per-
mitted to re -enter on any pretext whatever. After the elector 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 refuses
leave after the lapse of five (5) minutes, he shall be removed by the election
officials.
G. ELECTOR TO DEPOSIT
After preparing his ballot, the elector shall fold the ballot so
as to conceal the face and show the stub attached with the name or 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 presence of the inspectors. The detached stubs are numbered con-
secutively and filed by the inspectors.
H. MARKING MORE NAMES THAN PERSONS TO BE ELECTED,
If the elector marks more names than there are persons to be
elected to an office, or if it is impossible to determine the 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
ordinance is construed to prevent any elector from voting for any qualified
person other than those whose names are printed on the ballot.
-9-
„ PAGES OF42.
_ MICROFILMED
3.13.80
I. ELECTOR WHO SPOILS BALLOT,
Any elector who shall, by mistake, spoil a ballot, so he cannot
safely vote the same, may return it to the inspectors who shall imme-
diately 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 CHALLENGED BY
ANY ELECTOR OR WATCHER; OATH OF CHALLENGED ELECTOR;
DETERMINATION OF CHALLENGE.
When the right to vote of any person who desires to vote is
questioned by any elector or watcher, the challenge is communicated
to the inspectors and before the person is permitted to vote, his right
to vote must be determined as hereinafter provided. It is not necessary
for the elector or watcher entering the challenge to state any reason for
such challenge. The inspectors of election shall immediately deliver to
the challenged person the following form of affidavit:
STATE OF FLORIDA
COUNTY OF BREVARD
1 do solemnly swear that my name is
that I am years old; that I was born in the state of
or the country of ; that my residence in on
Street in the City.bf Cape Canaveral, Brevard County,
Florida: that 1 personally made application for registration and signed my
name and that f am qualified elector.
(Signature of Elector)
Sworn to and subscribed before me this day of 19_
(Signature of Inspectors of Election)
Any inspectors or clerks of election may administer the oath. 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
comparision 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 register to ascertain whether the person registered under the name of
such person is represented to have signed his name. If he is so represent-
ed, then he shall be denied permission to vote without further examination;
-l0-
- - -- PAGE to OF;.;•
'2,o
u
MICROFIL.M��
3.13.80
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 appearance with the description
entered upon the precinct 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 IN POLLING PLACES.
As many 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 his assistant, while on official
duty, the City Attorney who shall be available to advise the electron
officials on any matter requested by them in connection with the con-
duct of said electron. the inspectors and clerks of election, and said
watchers hereinafter provided.
L. WATCHERS AT POLLS; APPOINTMENTS; DUTIES.
All individual candidates for office are permitted by the election
officials to have one watcher in all polling places from the beginning to
the completion of all elections. The watchers are not permitted to come
closer than fifteen (15) feet from tile official's table or voting booths but
arc allowed within the polling room to watch and observe the conduct of
electors and officials; except that during the count of ballots the watchers may
be permitted close enough to observe the ballot markings provided that same
does not interfere with the orderly count by the election officials. The
watchers are required to furnish their materials and necessities, and shall
not obstruct the orderly conducting of any election. During the elections
the officials are required to call out the names of electors loud enough to
be heard by the watchers. The authority of the watchers required to be
presented to the election officials is their appointment or designation by
a candidate in writing.
M. SPECIFICATIONS FOR GENERAL ELECTION BALLOT.
The general election ballot shall conform to the following
specifications:
(1) The ballot shall be printed on paper of such thickness that
the printing cannot be distinguished from the back.
(2) Across the top of the ballot shall be printed "OFFICIAL
BALLOT, GENERAL ELECTION. " beneath which shall be printed the
date of the election, The City of Cape Canaveral, Florida. Above the
caption of the ballot shall be two stubs with perforated line between
the stubs and between the lower stub and the top of the ballot. The top
stub shall be Stub No. 1 and shall have printed thereon, -General Election,
Official Ballot, " and then shall appear the name, City of Cape Canaveral,
Florida, and the date of the election. On the left side shall be a blank
10
PAGE 11 OF42-
,MICROFILMED
3.13.80
line under which shall be printed "Signature of Elector." On the right
side 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 the signature of the elector or a stub number.
(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 appear the names of the officers
and names of duly nominated candidates for the respective offices.
Immediately following the name of each office on the ballot
shall be printed, in odd year elections, "Vote for Three" and in even
year elections, "Vote for Two ". (The number of candidates to be voted
upon for the respective offices to be filled. )
(4) Should the above directions for complete preparation of
the ballot be insufficient, the City Council shall determine 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.
N. 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
"against the measure, " (any appropriate word or phrase may be sub-
stituted for the word "measure ") with a sufficient blank space there-
after for the placing of the synbol "X" to indicate the voter's choice.
O. COPY OF PUBLIC MEASURE TO BE POSTED.
Whenever any measure is voted upon at any election, the City
Council shall have a copy of such measure conspicuously posted at each
polling place.
P. FORM OF GENERAL ELECTION BALLOT.
The form of the general election ballot shall be as follows:
No.
GENERAL ELECTION OFFICIAL BALLOT
CITY OF CAPE CANAVERAL, FLORIDA
19
Signature of Elector Initial of Issuing Officer
No.
GENERAL ELECTION OFFICIAL BALLOT
CITY OF CAPE CANAVERAL, FLORIDA
19
Initial of Issuing Officer
# # # # # # # # # # ## # ##
GENERAL ELECTION OFFICIAL BALLOT
CITY OF CAPE CANAVERAL, FLORIDA
19
PAGE /z OFZZ a
MICROFILMED
3.13.80
To vote 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 for whom
you desire to vote.
To vote for a person whose name is NOT PRINTED on the ballot, WRITE
THE NAME in the blank square provided for that purpose.
FOR COUNCILMAN - Two (2) year term
(Vote for three or two)
Note: depending upon the year of the election
Q. PUBLICATION OF BALLOT FORM.
Upon completion of the list of qualified candidate., or the
determination of a public measure to be voted upon, the City Council
shall publish in a newspaper of general circulation in the town at
least ten (10) days before any election of whatever nature a sample
ballot form.
R. NUMBER OF BALLOTS REQUIRED.
There shall be at least as many official ballots as shall be equal
to one hundred and ten (110) per cent of the registered qualified electors
of the City.
S. VOTING PROCEDURE, BALLOTS.
Before any ballot is delivered to an elector, one of the inspec-
tors 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 of 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 such 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 folding. The inspector
shall compare it with the stub he retained and if it is the ballot lie delivered
to the elector, lie 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.
-13-
PAGE 13 OFZ.� - ,2 3
MICROFILMED
3.13.80
T. ELECTION CLERK TO KEEP LIST OF THOSE VOTING.
When any person has voted, 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, and the clerk shall keep a
poll list containing one column headed "Names of Electors, " and the
name of each elector voting shall be entered in such column. The in-
spectors may prevent any person from voting a second time when they
have reason to believe that the person has voted. They may refuse to
allow any person to vote who is not a qualified elector, or who has become
disqualified to vote in the city 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 BOXES AND BALLOTS.
The City Council shall prepare one ballot box for each polling
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 City Clerk under
the direction of the City Council.
V. ORDER OF NAMES ON BALLOT.
The ballots printed shall contain &,a 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 NAMES FROM REGISTRATION BOOKS.
The City Clerk shall strike from the registration books and name
appearing thereon where he has evidence that the person registered ille-
gally; however, the person has the right to appear before the City Clerk
and establish the legality of his registration, in which event his name
shall be restored to the books.
SECTION 9. ELECTION BOARD TO REPORT VIOLATIONS OF THIS CODE.
It shall be the duty of the clerk and inspectors to report any
violation of this code to the proper prosecuting officers of the City. If
ordered by a majority of the board of any polling place, any person pre-
senting himself to vote may be arrested by any peace officer attending such
polling place, for known violations of this election ordinance.
SECTION 10. ABSENTEE VOTING; ABSENT ELECTOR DEFINED.
A. The term absentee elector shall mean any registered and
qualified elector who due to physical disability is unable without 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 lie will not be
in the City 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.
-14-
PAGE I* 0F?.,2 ��
M[CROFILMED
3.13.80
B. ABSENTEE BALLOTS; APPLICATION; TIME; FORM.
Any elector who will be absent on the day of an election from
the City or who is physically incapable of appearing at the polling place
may make application to the City Clerk, either in person or by mail, at
any time during the thirty days preceding any election, 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 City Clerk for the official ballot to be
..,� voted at such election. The application blank shall be delivered to or
sent by mail immediately to the absent elector. Such blank shall be in
substantially the following form, signed by the applicant, and witnessed
as herein required.
Application for absent elector's ballot:
1, , duly qualified and registered as an
elector of the City of Cape Canaveral, Brevard County, and State of
Florida, and a , not confined to prison or jail,
(give occupation)
will be unable to attend the polls in said City because on the day for
holding because (Check appropriate
reason) (designate which election)
(1) ( ) I am physically disabled and unable (without assistance
of another) to attend the polls on election day.
(2) ( ) I will be absent from the City during the entire period
the polls are open for voting on the day of election and cannot without
manifest inconvenience vote in person.
I hereby make application for an official ballot or ballots, to be
voted by me at the election to be held in on
. Send "absent elector's ballot" to me at
post office, county, city address, if any
Home address of applicant Date
In witness whereof I have hereunto set to hand and seal this
day of 19
Signed and scaled in
presence of:
(two witnesses)
(SEALI
Signature Signature of absent elector
Address
Signature
Address
Sworn to and subscribed before me
My commission expires: Notary Public or other officer
authorized to administer oaths
-15-
PAGE /.6 OF ;.a
o018
MICROFILMED _.
3.13.80
C, ABSENTEE BALLOT; FILING; RECORD.
Upon receipt of application for absentee ballot, filled out
and signed, the City Clerk 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 City 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 information he may deem necessary.
D. MAILING ABSENTEE BALLOTS; NUMBERING RETURN
ENVELOPES; FORM.
The City Clerk 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 applicant,
the second ballot for the second applicant and so on. The City Clerk
shall initial both stubs No. 1 and No.2 and enter tine name of the elector
in the place indicated for the elector to sign. 11 the applicant appears in person,
he shall sign stub No. 1 as if he were voting on election day. The City
Clerk shall then detach the ballot and stub No. 2 from No. 1 and forward by
mail postage prepaid or delivered personally, one of such ballot with stub
No. 2 attached (or if there be more than one kind of ballots to be voted,
then one of each kind) to each appl ?cant from the City as shown by the
list provided for by the preceding section, provided such applicant is
properly registered. But the City Clerk shall not receive applications
for absent elector ballots later than 5 o'clock in the afternoon of the fifth
day preceding any such election. In counting, the day of the election shall
not be counted. The City Clerk shall enclose with such ballot two envelopes,
a plain white envelope, together with detached stub No. 2 In the second envelope
which is addressed to the City Clerk and also bearing on the back side of the
"Return Envelope" a certificate which shall be substantivally in the following
form:
ELECTOR'S CERTIFICATE
I, , do solemnly swear, or affirm,
that I am a resident of the City of Cape Canaveral, Brevard County, and
State of Florida, and have been a resident of Brevard County for six (b)
months and of this state for one (1) year and am entitled to vote in such
city; that I will not be in the City during the time the polls are open (or
that I am too ill to come to the polls).
Elector'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 see his vote, marked
such ballot and enclosed and scaled the same in the ballot envelope; that
the affiant was not solicited or advised by me for or against any candidate
or measure.
(attesting witness)
(official title)
PAGE 16 OF44
C::G27 i
MICROFILMED
3.13.80
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 and the attesting witness shall execute
the said form on the envelope.
E. INSTRUCTIONS TO ABSENT ELECTORS.
(1) The City Clerk shall enclose with each ballot sent to
an absent elector separate printed instructions containing substantially
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
City Clerk from the ballot. Place only the marked ballot in the en-
closed plain envelope and securely seal it, and then place stub No. 2
and scaled plain envelope in the second envelope addressed to the City
Clerk. Fill out the "Elector's Certificate" on the back of the envelope,
sign and have the envelope signed by an attesting witness, place the
necessary postage upon the envelope and deposit it in the post office or
in some governmental receptical provided for the deposit of mail, or
deliver it personally to this so that absent elector's ballot will reach
the City Clerk of the City not later than 5 o'clock of the afternoon of
the day prededing the election.
(2) Any notary public, United States postmaster, assistant
United States Postmaster, United States postal supervisor, clerk in
charge of a contract postal station, or any officer having authority to
administer an oath or take an acknowledgement may be an attesting
witness.
If a postmaster, or assistant postmaster, or postal supervisor,
or clerk in charge of a contract postal station acts as an attesting witness,
his signature on the "Elector's Certificate" must be authenticated by the
cancellation stamp of their respective post offices. If one or the other offi-
cers named acts as attesting witness, his signature on the "Elector's
Certificate" must be authenticated with his 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 or
non - commissioned officer not lower in grade than sergeant or its equivalent
navy rating, or any person authorized to administer oaths.
F. ABSENTEE ELECTOR'S BALLOT; SIGNING, SEALING, MAILING.
Upon the receipt of the absentee ballot and printed instructions,
the absent elector 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 City Clerk of t. i City of Cape Canaveral.
G. SAFEKEEPING OF MAILED BALLOTS; DEADLINE FOR
RECEIVING ABSENTEE BALLOTS.
The City Clerk shall safely keep in his office any envelopes
received containing marked ballots of absent electors, and he shall,
before canvassing of the election returns, deliver the envelopes to the
-17-
PAGE I'7 OFZZ
MICROFILMED
3.13.80
City Councel and his list kept regarding same. All marked absent
clectorts ballots to be counted must be received by the City Clerk 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 receipts,
and filed in his office. No application for an absent electoons ballot shall be
received or handed out to an elector unless there remains time for the
ballot to be mailed to the City Clerk by the United States mail or person-
ally voted in the office of the City Clerk before the deadline for receiving
said ballots.
H. CANVASSING ABSENT ELECTORS S BALLOT.
(1) The City Clerk shall receive the voted ballot and shall
safely keep the ballot unopened in his office until the City Council
canvasses the vote according to law, The canvassing board shall
compare the information on the back of the envelope with the regis-
tration book to see that the elector is duly registered in the City, has not
voted on election day and to determine 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 envelope and
the ballot contained therein shall be preserved in the manner that official
ballots voted are preserved.
(Z) The City 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 City still in the plain
scaled envelope shall be mixed up so as to make it impossible to deter-
mine which plain envelope came out of which signed envelope. The vote
of all absent cleeters shall be added to the total of the poll for the City.
(3) The City Clerk shall, after the canvassing board convenes,
have custody of the absent elector's ballots until a final proclamation is
made as to the total received by each candidate.
I. VOTING IN PERSON; RETURN OF BALLOT; DOUBLE
VOTING.
The provision of this ordinance shall not be construed to pro -
hibit any absent elector, returning to the City, from voting in 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 provided 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.
-18-
PAGE I? OFZa
W MICROFILMECY
3.13.80
SECTION 10. POLLING PLACE
Unless otherwise provided by resolution of the City Council of the
City of Cape Canaveral, there shall he only one polling place in said City.
Each said polling place shall be managed by a board of inspectors and clerk
of election.
A. BOOTHS
The City 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 EPIDEMIC.
In case of an epidemic existing in the City at the time of holding
any election, the City Councilmen may establish at any safe and convenient
point outside such infected locality, additional polling places for the
electors.
SECTION 11. CONDUCTION ELECTIONS AND ASCERTAINING RESULTS.
A. The City Council, at least ten days prior to the holding of any
election, shall appoint an election inspection board to conduct said election;
or said City Council may appoint as many additional inspection boards as in
its discretion it deem: desirable to expedite the orderly conduct of said
election. Each election inspection board is composed of four inspectors and
one clerk, all of whom must be registered qualified electors of the City of
Cape Canaveral. One or mom of said boards may be designated 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 ray be designated to both conduct the voting and
counting of votes cast. If a board other than the board that conducts the
voting shall count the votes then the fi.st board shall turn over to the second
boars all closed ballot boxes, registration books and other records of the
election at the time the board changes.
The City Council may require the City Clerk to divide alphabetically
the registration books into as many parts as will best facilitate the holding
of an election. In this connection a copy or copies of the registration books
certified by the City Clerk may be used in conducting said election, provided
that the original registration books shall be available for inspection in the
event the qualification of any elector is questioned.
The City Council shall publish the names of the inspectors and clerks
once in a newspaper published in the City at least five (5) days before the
election day.
Only electors who can mad and write the English language shall be
appointed to the election inspection board.
I B. COMPENSATION OF INSPECTORS AND CLERKS.
Inspectors and clerks of any election and the peace officer serving
at the polling place shall be paid such amounts as the City Council may
determine from the general fund of the City of Cape Canaveral.
C. INSPECTORS TO MAINTAIN GOOD ORDER.
The inspectors shall possess full authority to maintain order at the
polls and enforce obedience to their lawful cor..:ands during an election,
and during the canvass and estimate of the votes.
-19-
PAGE 19 OFZ ,
MjCROFiLMW
`r- 3.13.80
D. FILLING VACANCY OF CLERK OR INSPECTOR.
In case of absence or refusal to act of any inspector or clerk
appointed by the City Council, the City Council shall have the authority
to appoint a substitute inspector or clerk, or if said Council 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 inspector or clerk, as the case may be, to fill said vacancy.
The inspectors and clerks shall each take and subscribe an oath or af-
firmation, which is written or printed, to the effect that they will per-
form the duties of inspectors or clerk of election according to law, and
will endeavor to prevent all fraud, desist or abuse in conducting the
election. The oath may be taken before an officer authorized to administer
oaths, or before either of the persons who are to act as inspectors, one
f of them to swear the other, and one of the others sworn thus in turn to
F� administer 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 City Clerk. The
clerk of each board shall serve as chairman of the board. In all questions
that may arise before them, the decision of a majority of them shall decide
the question.
E. DUTIES OF ELECTION BOARD; COUNTING; CLOSING POLLS.
At the close of the election the election inspection board that con-
ducted 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 adjourn -
rant 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, shall publicly draw out and destroy unopened as many
ballots as are equal to such excess. If two or more ballots are found
folded together to present the appearance of a single ballot, they are laid
aside until the count is completed, and if, upon comparison of the count,
and the appearance of such ballots, a majority of the inspectors are of the
opinion that the ballots wen voted by one person, such ballots shall be
destroyed..
If only one board has been appointed, said board shall proceed to
count the ballots as herein provided.
In counting the ballots the election inspection board shall use the
tally call system of counting.
SECTION 12. TABULATION OF VOTES AND PROCLAMATION OR RESULTS
WHERE BALLOTS ARE USED.
The election board shall post at the polls, for the benefit of the
public, the results of the voting for each office or other item on the bal-
lot 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 pro-
' vided by the City Council, by the inspectors and clerk at each polling
place, which shall contain the name of each person voted for, for each of-
fice, the number of votes cast for each for such office, and if any ques-
tion is submitted, the certificates shall also contain the number of votes
cast for and against the question. The certificate shall be signed by the
inspectors and clerk and one of the certificates delivered without delay by
one of the inspectors, securely sealed, to the City Clerk for immediate pub-
lication, and the remaining copies shall be enclosed in the ballot box to-
gether with the poll lists and oaths of inspectors and clerks. All the
ballot boxes, ballots, ballot stubs, memoranda and papers of all kinds
used in the election shall also be transmitted, sealed by the inspectors,
with the certificates of results of the election to be filed in the office.
Registration books shall not be placed in the ballot boxes but retuned to
the City Clerk.
6.111"
PAGE20 OF42..„
MICROFILMED
313•$0
SECTION 13. CHIEF OF POLICE AT EACH POLLING PLACE.
A. The Chief of Police shall appoint a deputy of 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 all law -
ful 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 order at the polls.
B. CHIEF OF POLICE AND OTHER OFFICERS NOT ALLOWED
IN POLLING PLACES.
No officer is allowed within the polling place unless summoned
by a majority of the inspectors.
SECTION 14. CITY COUNCIL TO SERVE AS CANVASSING BOARD; DUTIES.
It shall be the duty of the City Council to canvass the returns
of all elections within forty -eight (48) hours after the returns are re-
ceived and to declare the result of all elections; and if, at any general
election held in said City for the election of officers it shall occur that
any two or more candidates for the same office shall receive the same
number of votes whereby there sh..11 be a failure to elect any one of such :
candidates to such office, then and in that event the City Council shall
call a special election to be held as early as possible thereafter to deter-
mine which of said candidates shall be elected to such 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 City Council shall not change the number of
votes cast for the candidates or nominees, respectively, in any polling
place, as shown by the returns.
The canvassing board may employ such clerical help to assist
with the work of the board as they may deem necessary with one member
of the board present at all times until the canvass of the returns is com-
pleted. The clerical help shall be paid from the same fund as inspectors
and other necessary election officials.
SECTION 15. CANDIDATES FOR OFFICE.
Each and every candidate for office in an election of the City of
Cape Canaveral shall be qualified elector for the election in which he is a
candidate for office.
S''CTION 16. ELECTION ORDINANCE; VIOLATIONS; PENALTIES.
A. DISTRIBUTION OF LITERATURE, ETC., NEAR POLLING
PLACES.
On the day of any election it shall be unlawful for any person to
distribute any political pamphlets, cards or literature of any kind or
solicit votes or approach any elector in an attempt to solicit votes within
100 yards of any polling place. All peace officers or election officials
shall arrest any person violating the provisions of this section in their
presence. Any person violating the provisions of this section shall be,
upon conviction, guilty of a violation of this ordinance and punished by
imprisonment of sixty (60) days or by fine of $500.00 or by both such fine
and imprisonment.
-21-
„ PAGEZI OFZ2,
. - • )
. .
C.)
•.,. , 1
MICROFILMED
80 343-
, ...,
- .
SECTION 17. Should any part, paragraph or- section of this
Ordinance be declared invalid Jrn any judicial proceeding, each partial
• invalidity shall not affect the remainder of this Ordinance.
:. .
•,' SECTION 18. This Ordinance shall become effective immed-
,.., lately upon its adoption.
SECTION 19. All ordinances or parts of ordinances in con-
flict',...' hereldth be, and the same are hereby repealed.
•
SECTION 20. Each and every candidate for office in any .
I election of the City of Cape Canaveral shall file his name and .
qualify on or before twenty-one (21 ) days prior to the holding of
any election.
l' ADOPTED by the City Council of the City of Cape Canaveral
on this iii) day of April, 1965.
-•• de0,111 iipar*V.
_....---
4.-., Mayor
•
•
Attest:
,
City Clerk ir •
r' Approved as to form: •
•
•
City A.torney
•
; .
- ,
1..:
• -t' -
..- _
. •
. .
I - ,
' t •
.. .
, .
•
PAGE2.2.0FR..Z
1E170',
„..-
• copy i 'C'Vr=5il 1 XERO
j XERO
- ----- - ----,,-- COPY }COPY
____....._- --- - -.. ,-.-,, - •,
) , C 03Z3 .9612;