R18-165 1 RESOLUTION NO. R18-165
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3 AN RESOLUTION OF THE CITY COMMISSION OF THE
4 OF BOYNTON BEACH, FLORIDA DELEGATING
5 AUTHORITY TO A CANVASSING BOARD TO CANVASS
6 RETURNS FOR THE MARCH 2019 MUNICIPAL
7 ELECTION; PROVIDING FOR CONFLICT,
8 SEVERABILITY,AND AN EFFECTIVE DATE.
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10 WHEREAS, City Commission has determined that inclusion of the Supervisor of
11 Elections as a member of the City election canvassing board will enhance the integrity of the
12 election process, provide expertise not otherwise available to the City, and therefore serves
13 the interest of the electors and public at large; and
14 WHEREAS, the Palm Beach County Supervisor of Elections has requested that the
15 Supervisor of Elections and two other members be specifically designated and authorized to
16 canvass City of Boynton Beach election returns for the March 2019 municipal election, 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
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
22 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
23 as being true and correct, and are hereby incorporated herein and made a part hereof
24 Section 2. The City Commission hereby delegates the responsibilities to canvass
25 the returns of the 2019 City municipal election to a canvassing board comprised of the Palm
26 Beach County Supervisor of Elections and the City Clerk of the City of Boynton Beach and
27 the City Attorney or his designee. The canvassing board's authority extends to cover all
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1 returns for all elected positions on the City Commission. The canvassing board's authority
2 extends to runoff elections, if necessary.
3 Section 3. If any clause, section, or other part or application of this Resolution shall
4 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
5 unconstitutional or invalid part or application shall be considered as eliminated and so not
6 affecting the validity of the remaining portions or applications remaining in full force and effect.
7 Section 4. The City shall indemnify and hold harmless the members of the
8 canvassing board in the event either or both are the subject of litigation arising from their duties
9 as canvassing board members.
10 Section 5. This Resolution shall become effective on passage.
11 PASSED AND ADOPTED this 7th day of November, 2018.
12 CITY OF BOYNTON BEACH, FLORIDA
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14 YES NO
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16 Mayor— Steven B. Grant
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18 Vice Mayor—Christina L. Romelus
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20 Commissioner—Justin Katz
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22 Commissioner—Mack McCray
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24 Commissioner—Vacant
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26 VOTE 3
27 ATTEST:
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30
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31 Judith L?4e, CMC 77 '
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32 City Clerk = 4
33 "n;
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35 (Corporate Seal)
f. .166
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