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O-216-51 ORDINANCE No. 216 AN ORDINANCE RELATING TO ABSENT VOTING AND ADOPTING CHAPTER 25385, LAWS OF FLORIDA, 1949, AS A PART OF THE LAWS OF THE MUNICIPALITY OF MIAMI SHORES VILLAGE. BE IT ORDAINED BY THE COUNCIL OF MIAMI SHORES VILLAGE: Section 1. Absent voter defined; right to vote. -- For the purposes of this Ordinance the term "absent voter" shall be construed to mean any qualified and registered elector who, on account of physical disability, is unable, without another's assistance, to attend the polls, orany qualified and registered elector, except persons confined in a prison or jail, who is absent or who expects to be absent from the county in which he or she resides during the entire period the polls are open for voting on the day of any election or primary election because of compelling business reasons. Any such absent voter may vote at any election as hereinafter provided. Section 2. Absentee ballots; application for ballot; written request; time; form. -- At any time during the forty-five (45) days next pre- ceding any election any such voter expecting to be absent on the day of such election from his home county may make application to the Village Clerk, either in person or by mail, upon a blank to be furnished for that purpose by the Village Clerk for the official ballot or ballots to be voted at such election; provided, that the said application may be made upon a blank prepared by said voter, where the said application is substantially in the form required by this Ordin- ance; and provided further, that any written request of a voter for an absentee ballot which sets forth statutory grounds for making application for such ballot shall be accepted as a bona finde application if the signature thereon agrees with the signature of such voter on the registration books'lof the Village. Such application blank shall, upon request thereof, be immediately sent by the Village Clerk to said absent voter by mail, or shall be delivered to said voter upon application made personally at the office of said Village Clerk. Such applica- tion blank shall be in substantially the following form, and shall be signed by the applicant and witnessed as herein required. Application for absent voter's ballot. duly qualified and registered as a (Party) elector of Miami Shores Village, County of Dade, and State -oTFlorida, a (give occupation), not confined to prison or jail, and expecting ti7—be ags'eut from the said County on the day for holding such election because (check appropriate reason): (1) =J I am physically disabled and unable without the assistance of another to attend the polls on election day; (2) = I expect to be absent from the County diiring the entire period the polls are open for voting on the day of election because of compelling business reasons and cannot, without manifest inconvenience, vote In person. I hereby make applicatiba for an official ballot, or ballots, to be voted by me at the election to be held in Miami Shores Village an (date) Send "absent voter's" ballot to me at post office, county, city address, if any. Home address of applicant Date In witness whereof I have hereunto set my hand and seal this the day of 19 Signed and sealed in presence of: Signature of absent voier (SEAL) (Two witne s s e s) Sworn to and subscribed before me My commission expires: Notary Public or other officer iuth r- ized to administer oaths. Section 3. Same; filing; record. -- Upon receipt of such appli- catibn blank, filled out and signed as above provided, the Village Clerk shall file the same in his office and shall enter the name of the applicant and the address to which ballot or ballots are to be sent, upon a list or record to be kept by the Village Clerk for such purpose, together with the date of receiving the application, the date of mailing or delivering the ballot or ballots to such voter, the date of receiving the ballot from such voter, and such other inform- ation as may seem necessary or advisable. -2- Section 4. Same; mailing ballots; numbering; return envelopes, form; -- The Village Clerk shall, as soon as the printer delivers the ballots for a precinct in which application for absent voter ballots have been received, prepare the first numbered ballot for the first applicant, the second ballot for the second applicant, and so on. The Village Clerk shall initial both stub No. 1 and stub No. 2 and shall enter the name of the voter in the place indicated for the voter t6 sign. If the applicant appears in person, he shall sign stub No. 1 the same as if he were voting at the polls on election day. The said Clerk shall then detach the ballot and stub No. 2 from stub, No. I and shall as soon as possible forward by mail, postage prepaid, or shall deliver personally, one of such ballots (or if there be more than one kind of ballots to be voted, then one ballot of such kind) to each applicant for absent voter ballots from his county as shown by the list provided for in the preceding section, provided such applicant is Properly registered. But such Clerk shall not receive applications for absent voter ballots later than 5:00 o1clock in the afternoon of the fifth day preceding any election. In counting, the day of the electibu.-shall not be counted. The said Clerk shall enclose with such ballot or ballots a return envelope properly addressed to himself and bearing upon the back side thereof a printed statement,in substantially the following form: I, do solemnly declare that I am a resident of Miami Shores Village, in-the County of Dade, State of Florida, and have been a resident of such county or city for six months and of this State for one year and am entitled to vote in such precinct; that the enclosed ballot was marked by me personally and enclosed in this envelope and sealed by me without being exhibited to any other person. In the presente of: (Two witne s s e s) (Signature of absent voter) The printing of such statement shall be so arranged that the signature of the absent voter and the two witnesses shall be on lines across the flap of the envelope. After placing the ballot in the envelope it shall be sealed and the absent voter shall sign and the two witnesses shall then sign -3- at the place indicated, thereby certifying that the person who signed the same is personally known to them and that the name signed as the absent voter is the correct name of the absent voter. Section 5. Instructions to absent voter. -- The Village Clerk shall also enclose with each ballot or set of ballots sent to each absent voter separate printed instructions to be furnished by them containing substantially the following: "Upon receipt of the ballot or ballots herewith enclosed you will proceed to matk the same in accordance with the instructions, then fold each such ballot so that the stub, bearing the initials of the Village Clerk may be seen without unfolding the ballot. Place the ballot or ballots in the envelope enclosed herewith and securely seal the same. Make out the statement printed upon the back and sign, have the same signed by two witnesses who have seen you sign, place the necessary postage upon the envelope and deposit the same in the postoffice or in some government receptacle provided for the deposit of mail matter, or deliver the same personally to this office so that the absent voter's ballot will reach the Village Clerk not later than 5:00 o'clock in the afternoon of the fourth day preceding any election. In counting, the day of the election shall not be counted. 11 Section 6. Absent voter's ballots; marking, folding, mailing -- Upon receipt of such ballot or ballots, the absent voter shall in secret mark it or them in accordance with the printed instruction, shall fold it so the stub can be removed without unfolding,'and enclose it or them in the euvelope pro- vided therefor, and after sealing the envelope he shall fill out, sign and have the same signed by two witnesses who have seen the voter sign. The absent voter shall then place on the envelope the necessary postage, and shall deposit it in the post office or in some government receptacle provided for the deposit of mail matter, or deliver the same personally to the-office of the Village Clerk, so that such absent voter's ballot will be received by the said Village Clerk before 5:00 o'clock in the afternoon of the fourth day preceding any election. Section 7. Safekeeping of mailed ballots; list of applications open to public inspection; delivery to election inspectors; applications not -4- received after certain time. -- The Village Clerk shall safely keep in his office until election day any envelopes theretofore received by him, containing the marked ballots of any absent voter, and he shall, before the opening of the polls on election day, or as soon thereafter as may be possible, deliver such envelopes to the election inspection board, in such absent voter's precinct, together with the signed applications received by him from any voters of Miami Shores Village�and his list or record kept relative thereto. All marked absent voters' ballots received by the Village Clerk after the deadline set at 5:00 o'clock in the afternoon of the fourth day preceding any election, shall be plainly marked by him with the time and date of receipt and shall be filed in his office. No application for an absent voter's ballot shall be received or an absent voter's ballot handed out to such voter after the deadline provided in Section 4. herein- above set forth. Section 8. Duty of election inspection board. -. Upon the receipt from the Village Clerk of any envelope containing the marked ballot or ballots of an absent voter, the election inspection board shall verify the legality of such vote by a comparison of the signature to the statement printed on the back of the envelope containing the ballot with that upon the registration book; by an examina- tion of the poll lists to see that such voter has -not voted in person; by an examina- tion of the registration book to see that he is a registered voter entitled to vote in the particular election; and by examination of the statement of such voter to see that the same is properly filled out and witnessed. Section 9. Megal vote; rejection. of ballot, preservation. -- If upon such examination of the envelope containing the absent voter's ballot or ballots, it is determined by such board that such vote is illegal, then such vote shall be rejected, and thereupon some member of the board shall, without opening the envelope, mark across the face of such envelope, "rejected as illegal". Said envelope and the ballot or ballots contained therein shall be retained and pre- erved in the manner now provided by law for the retention and preservation of fficial ballots voted at such election. -5- Section 10. Legal vote; deposit of ballot in box, record. -- If upon such examination of the envelope containing an absent voter's ba.Uot or ballots, the election inspection board shall determine that such vote is legal, the member of the board receiving the ballots at such election shall open the absent voter's envelope, take out the ballot or ballots therein contained and, if the initials on stub No. 2 on such ballot or ballots are the initials of the Village Clerk, shall, without unfolding such ballot or ballots, detach from each such ballot the perforated numbered stub, and shall deposit each such ballot in the proper ballot box. The clerks of election shall note upon the poll lists the fact that-such voter voted at such election by means of an absent voter's ballot. Section 11. Voting in person; return of ballot; double voting; penalty. -- The provisions of this law shall not be construed so as to prohibit any absent voter, returning to his place of residence from voting in person at any regular or special election, notwithstanding that he may have made application for an absent voter's ballot and the same may have been mailed to him,$ provided, that such voter has not availed himself of the privileges of an absent voter, as provided by this law, and voted any such ballot mailed him by the Village Clerk and provided also that he returns such ballot or if ballots, if received, to the election inspection board. In any case,/any absent voter ballot is so returned, it shall by said board be marked "canceled" and placed in the regular box with other canceled ballots. Any voter voting at any election both in person and by means of an absent voter ballot, or who shall attempt so to vote, shall, on conviction, be deemed guilty of a mis- demeanor. Section 12. Precincts using voting machines. -- Where voting machines are used, only one set of ballots, the same to be used for absentee voting, shall be printed. The election board shall canvass the absentee vote and shall add the number of votes for each candidate to the number of votes recorded by the machine. -6- Section 13. Fraud and Penalty. Any person, or persons, perpetrating or attempting to perpetrate any fraud in connection with any vote cast or to be cast, or attempted to be cast, under the provisions of this Ordinance, and any person or persons aiding or abetting the perpetration of or attempt to perpetrate any fraud in connection with any vote cast, or to be cast, or attempted to be cast, under the provisions of this Ordinance shall, upon conviction thereof, be punished by a fine of not exceeding Five Hundred Dollars or imprisonment not to exceed six months, and in addition thereto, shall forever be disqualified from holding office in Miami Shores Village, and from exercising his power of franchise. Any person attempting to vote under the provisions of this Ordinance by fraudulently signing the name of a regularly qualified elector, other than his own name, shall be guilty of forgery and punished accordingly. Section 14. To the extent herein specified, Chapter 25385, Laws of Florida, 1949, is hereby adopted as a part of the laws of Miami Shores Village. Section 15. This Ordinance shall take effect immediately upon its passage. PASSED AND ADOPTED this ZOth day of February, 1951. Mayor ATTEST: VI-Uage Mialn—a—ge7and Cle7 -7-