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R20-015 RESOLUTION NO. R20-015 A RESOLUTION OF THE CITY COMMISSION OF THE OF BOYNTON BEACH, FLORIDA DESIGNATING A CANVASSING BOARD FOR THE MARCH 2020 MUNICIPAL ELECTION; PROVIDING FOR CONFLICT, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, the Palm Beach County Supervisor of Elections requires that the City 1 1 Commission designate, by Resolution, a Canvassing Board for the City for the March 2020 1 Municipal Election, and 1, WHEREAS, since the municipal election will be held in conjunction with the 1; Presidential Preference Primary, the Palm Beach County Canvassing Board will handle the 1. canvassing of all ballots; however in the event of a run-off election,the City will be required to 1. facilitate the canvassing of ballots; and 1. WHEREAS, the City Commission has determined that the responsibility to "canvass 1, the returns" is a ministerial and non-legislative function that can be delegated by the City 1: Commission and that the Supervisor of Elections, the City Clerk and the City Attorney or his 1' designee can compromise the Canvassing Board. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 2, Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 2; as being true and correct, and are hereby incorporated herein and made a part hereof. 2, Section 2. The City Commission hereby delegates the responsibilities to canvass 26 the returns of any run-off election of the 2020 City municipal election to a canvassing board 26 comprised of the Palm Beach County Supervisor of Elections, the City Clerk of the City of 2' Boynton Beach and the City Attorney or his designee. The Palm Beach County Canvassing 1 S:\CA\RESO\Canvassing Board 2020 Muni Election-Reso.Docx 2 Board will handle the canvassing of ballots for the general municipal election and the Municipal 2 Canvassing Board's authority extends to cover all returns for runoff elections, if necessary. 31 Section 3. If any clause, section, or other part or application of this Resolution shall 3 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 3 unconstitutional or invalid part or application shall be considered as eliminated and so not affecting 3 the validity of the remaining portions or applications remaining in full force and effect. 3 Section 4. The City shall indemnify and hold harmless the members of the canvassing 3 board in the event either or both are the subject of litigation arising from their duties as canvassing 3 board members. 3 Section 5. This Resolution shall become effective on passage. 3 PASSED AND ADOPTED this Y' day of i�!-lrkel , 2020. 3' CITY OF BOYNTON BEACH, FLORIDA 41 4 YES NO 4, 4. Mayor—Steven B. Grant 4, 4, Vice Mayor—Justin Katz ,/ 4, 4' Commissioner—Mack McCray 4; 4' Commissioner—Christina L. RomelusSen+ 51 5 Commissioner—Ty Penserga 5' 5, VOTE `/'d 5 ATTEST: 5, , 5' Y N T( 5' C stal Gibson, MMC •4YORa •.• 5: City Clerk •� �5' ' ". j„ • . • 61 (Corporate Seal) • 1920 �- V • Pi S:\CA\RESO\Canvassing Board 2020 Muni Election-Reso.Docx