R22-152 1 RESOLUTION NO. R22-152
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA DESIGNATING A CANVASSING BOARD FOR
5 THE MARCH 2023 MUNICIPAL ELECTION; PROVIDING
6 FOR CONFLICT, SEVERABILITY, AND AN EFFECTIVE
7 DATE.
8
9 WHEREAS, the Palm Beach County Supervisor of Elections requires that the City
10 Commission designate, by Resolution, a Canvassing Board for the City Municipal Elections,
ll and
12 WHEREAS, designating the PBC Supervisor of Elections as the City's Canvassing
13 Board for Municipal Elections would remove redundancy of Officials attending to the same
14 election activities such as the pre-election testing of tabulation equipment, and opening,
15 tabulation, duplication and the canvassing of ballots and is the preference of the Supervisor of
16 Elections; and
17 WHEREAS, the City Commission has determined that the responsibility to "canvass
18 the returns" is a ministerial and non-legislative function that can be delegated by the City
19 Commission and hereby designates the Palm Beach County Supervisor of Elections as the City's
20 canvassing board for municipal elections.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
23 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
24 as being true and correct, and are hereby incorporated herein and made a part hereof.
25 Section 2. The City Commission hereby designates the Palm Beach County
26 Supervisor of Elections as the City's canvassing board for municipal elections. The Canvassing
27 Board will handle the canvassing of ballots for the general municipal election and for runoff
28 elections, if necessary.
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29 Section 3. If any clause, section, or other part or application of this Resolution shall
30 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
31 unconstitutional or invalid part or application shall be considered as eliminated and so not affecting
32 the validity of the remaining portions or applications remaining in full force and effect.
33 Section 4. The City shall indemnify and hold harmless the members of the canvassing
34 board in the event either or both are the subject of litigation arising from their duties as canvassing
35 board members.
36 Section 5. This Resolution shall become effective on passage.
37 PASSED AND ADOPTED this 1st day of November, 2022.
38 CITY OF BOYNTON BEACH, FLORIDA
39 YES NO
40 ✓'
41 Mayor—Ty Penserga
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43 Vice Mayor—Angela Cruz
44
45 Commissioner—Woodrow L. Hay
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47 Commissioner—Thomas Turkin
48
49 Commissioner—Aimee Kelley
50 5; /9
51 VOTE v
52 BATT : , a
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58 -"p'(NTON �"‘I APPROVED AS TO R •
59 (Corporate Seal) ,'��C��oE�PORATF•.Fy
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60
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61v; Michael D. Cirullo,Jr.
62 i ;1NO 1PO92U City Attorney
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