SUBJECT:
Title
Request Appointment of Canvassing Board Alternate Member for November 2026 General Election
Body
|
INITIATOR: |
DEPARTMENT: |
|
Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
Section 102.141, Florida Statutes provides the statutory framework for the make-up, and operations of county canvassing boards. Per sub-section (1) the composition of the canvassing board is (a) the supervisor of elections; (b) a county court judge who shall act as chair; and (c) the chair of the board of county commissioners. At least two alternate canvassing board members must be appointed pursuant to paragraph (1)(e).
Subparagraph (1)(e)2 provides that the chair of the board of county commissioners (BCC) shall appoint a member of the BCC as an alternate member of the county canvassing board, or, if each member of the BCC is unable to serve or is disqualified, shall appoint an alternate member who is qualified to serve as a substitute member under paragraph (d). A board member shall be disqualified if he or she is unable to serve, or is a candidate who has opposition in the election being canvassed, or is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed. The non-BCC member who may be appointed by the Board chair is an individual who is a qualified elector and who is not otherwise disqualified for the same reasons that would disqualify a county commissioner from serving.
The chair should be the County’s member of the canvassing board, unless he or she is disqualified or unable to serve, for the reasons described above. The statute seems to be a little contradictory in that, under (1)(c), if the chair can’t serve, then the BCC must appoint as a substitute one of its members who is not disqualified or unable to serve. But, then under (1)(e)2, if no member of the BCC can serve, then the chair shall appoint a qualified non-board member to serve as a substitute.
The Board should determine if any board member is able and is qualified to serve on the canvassing board in the event the chair is unable to serve. Only if no other board member is qualified and able to serve shall the chair appoint a qualified non-board member. The statute does not prescribe the method of appointment, such as by resolution. Thus, a motion for appointment of an alternate member would be appropriate, and then written notification should be provided to the Supervisor of Elections.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to Appoint Canvassing Board Alternate Member for November 2026 General Election.
end