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Minutes 04-24-47MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION~RS OF THE CITY OF BOYNTON BEACH WHO ARE SITTING AS A CANVASSING BOARD FOR THE RECENT ELECTION OF APRIL l~, 19~7 ~ND THE ATTORNEYS AND CANDIDATES OF THAT RECENT ELECTION - lq~,T,D APRIL 2~ 19~7 A special meeting w~as called for ~oril 2W~ 1957 of the City . commissioners of the- City of Boynt?n .Bea?.h for_t~e p~urpo~se~ ~filsli~tl~7' as aCanvassing Board on the recen~ e-ec~lon o~ ~ayo~.. o.~ &p.. , At this-m~eting the,~ candidates and attorneys representing ~nem were asked to be present. Present at the meeting were: Paul Mercer~ Mayor B. V. Tattersall, Vice Mayor Clarence Benson, City Clerk F. L. Purinton, Candidate Mr. Donnell, representing Mr. Purinton G. Melton Partin, Candidate Mr. Miller, representing Mr. Partin T. B. Whitfield C. J. Koepke ~. L. McCoy, representing City of Boynton Beach The meeting was called to order by Mayor Mercer whereupon the attorneys requested a short recess in which to have a meeting of minds in regard to the law governing elections. Thereupon~ immediately following the recess, Mayor Mercer again called the meeting to order and Claude L. McCoy, Attorney for the City of Boynton~Beach made the following statement to the Commissioners "Gentlemen: - I have conferred with Mr. Donnell, representing Mr. Purinton and Mr. Miller, representing~Mr' Partin, and I believe we are agreed upon the law governing 'the procedure of this Boar~ ~i~h canvassing of the election returns of the recent election held for the office of Mayor,,that is, that the City Co~mission, sitting a~ a Canvassing Board are an administerial and not a Judicial body and as such, they are bound to accept the returns of the ~lection Board unless those returns show upon their face that they are fraudulant or way out of line, then it wo~d be your duty to return those returns to the Election Board and it may make a proper return. "You have no authority as a Canvassing Board to declare the election illegal nor do you have the authority to declare any votes illegal. "Your duty is purely one to accept and read the returns of the Election Board and with that I would suggest that you have the ballot box and returns of the ~!ection Board brought before you for the purpose of making a canvass ~ud immediately following receipt and acceptance, the candidates and the attorneys adjourn for a conference to see if some peaceful settlement covering the differences over the election~ can be Thereupon, the sealed ballot box was brought before the Commission. The City Clerk, Mr. Benson, broke the seal and opened the box. The Election Board return was t&ken from the ballot box and read by Mr. Benson - and whiehwas in words and figures as follows: STATE OF FLORIDA : COUNTY OF PALM BEACH : CITY OF BOYS~fON BEACH: SS TO THE HONOR~_BLE MAYOR AND C3MMISSION~RS OF TPf~ CITY- OF BOYNTON BEACH, FLA. We~ the undersign?d Inspectors and Clerk of th9 election he~d on the i$th day of ~.prll, 19~7 for t~e purpose of electing incumbent to the office of Mayor and Commissioner, do hereby certify that at such election the total votes east were 622 of which Carl J. Koepke reeeiv?d ~ ~/9_~votes G. Melton Partin received---~l votes F. L. Purinton received ~votes T. B. %~itfie!d received ~ %2 votes received votes There were spoiled ballots ~ knd we~ such Insoectors and Clerk~ do make the foregoing as our retua'n to yo~ of the results of such e!gction, and we do declare the above and foregoing to be the result of such election. (si~ned_) _Andrew R. B__ernie Insoector (signed) 'Mylma M.F.Slavens Inspector (.signed) Mrs. Clara Shep~rd Inspector (signed) ~lice L. Shepard Clark The matter of the election return was t~ken UP by the Commission and it ~ppe~ring regulsr upon its face, Commissioner Tattersal] made motion to accept the election return which in turn was seconded by CoSmissioner Benson~ all Co~missioners voting in the affirmative. Thereupon the successful candidste, F. L. Purinton~ was declared by the Mayor to be the d~ly elected Mayor of the election held on the l$th day of April, A.D. 19~7. Thereuoon the 'City &ttorney, the candidates and the attorneys representin~ the candidates adjourned to a private place for conference. Immediately uoon their return, Mayor M~rcer asked for a report d of the conference an Mr. Donnell~ representing F. L. Purinton ~ade the following statement: "There seems, according to investigation~ quite probable six votes that ware illegally cast. There may be five or six other votes that may be illegally cast. Therewere sig~ed affidavits of these six voters but still these six persons are-not on the registration books and did vote. The law sta~e~ you are not allowed to vote unless registered. .~ ~o ~se~m~ Owing t6 the fact that there nas oeen a question validity of the.eleetionat which he was elected Mayor, Mr. purinton does not want fO accept the office of Mayor Emder these circumstances and,. further, wish to advise you, for this reason, Mr. Purinton will refuse and now refUses to gualify as Mayor with the suggestion that a special election be held for the purpose of filling the vacancy in the office of Mayor". The City Commission, having completed its acts as a Canvassing Board, upon motion regularJymade and seconded, the meeting was Mayor $-25-k7 Vice-Mayor City ~Clerk