HomeMy WebLinkAbout9/1/1976WEDNESDAY, SEPTEMBER 1, 1976
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN SPECIAL SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON WEDNESDAY, SEPTEMBER 1, 1976, AT 9:00 O'CLOCK A.M. PRESENT WERE
WILLIAM C. WODTKE, JR., VICE CHAIRM.%N, ALMA LEE Loy, EDWARD J. MASSEY
AND EDWIN S. SCHMU.CKER. ABSENT WAS WILLARD W. SIEBERT, JP „ CHAIRMAN,
WHO WAS OUT OF TOWN ON VACATION, ALSO PRESENT WERE .JACK G.-JENNINGS,
COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, COUNTY COORDINATOR; AND
VIRGINIA HARGREAVES, DEPUTY CLERK. GEORGE G. COLLINS, .JR., ATTORNEY TO
THE BOARD OF COUNTY COMMISSIONERS, WAS ABSENT DUE TO JURY TRIALS AT
CITY COURT, AND RALPH EVANS, ATTORNEY, SAT IN FOR HIM.
THE VICE CHAIRMAN CALLED THE MEETING TO ORDER AND STATED THAT
THE PURPOSE OF THIS MEETING IS TO TAKE ACTION,ON THE REQUEST OF OTTO L.
STOUT, CANDIDATE FOR THE OFFICE OF COUNTY COMMISSIONER, DISTRICT 1, TO
WITHDRAW HIS NAME FROM THE SEPTEMBER 7TH PRIMP.RY BALLOT. SAID REQUEST
WAS RECEIVED IN A LETTER WRITTEN BY MR. STOUT DATED AUGUST 30, 1976, AND
DULY NOTARIZED.
THE VICE CHAIRMAN INFORMED THOSE PRESENT THAT DUE NOTICE OF
THIS MEETING HAD BEEN GIVEN TO THE PUBLIC AND ASKED ATTORNEY EVANS WHAT
ACTION THE BOARD COULD TAKE IN REGARD TO THIS REQUEST,
ATTORNEY EVANS INFORMED THAT BOARD THAT, ACCORDING TO 191.253
FLORIDA STATUTES, A CANDIDATE MAY WITHDRAW HIS NAME BY NOTIFYING THE BOARD
OF COUNTY COMMISSIONERS IN WRITING, UNDER OATH, NOT LESS THAN 30 DAYS
BEFORE ELECTION, OR, AFTER THE 30TH DAY BEFORE ELECTION, THE BOARD MAY
ALLOW SUCH A CANDIDATE TO WITHDRAW WITH THE APPROVAL OF THE DEPARTMENT
OF STATE.
ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, POINTED OUT THAT
ALTHOUGH THE VOTING MACHINES WILL NOT BE LOCKED UNTIL 2:00 O'CLOCK THIS
AFTERNOON, PHYSICALLY THEY CANNOT BE CHANGED AT THIS -TIME. SHE FURTHER
STATED THAT 363 ABSENTEE BALLOTS HAVE ALREADY BEEN SENT OUT.
ATTORNEY EVANS REPORTED THAT HE HAD PHONED THE DEPARTMENT OF
STATE IN TALLAHASSEE, AND THEY WERE CONCERNED ABOUT PRESERVING THE IN-
TEGRITY OF THE BALLOT BECAUSE THIS REQUEST HAS BEEN MADE SO CLOSE TO
ELECTION TIME, IT WAS HIS FEELING THEY WOULD NOT APPROVE THE REMOVAL
OF MR. STOUT'S NAME. HE CONTINUED THAT A PART OF THEIR CONCERN AROSE
FROM A CASE IN DADE COUNTY WHERE AN ELECTION WAS CHALLENGED BECAUSE THE
REMOVAL OF A CANDIDATE S NAME LEFT A GAP ON THE BALLOT, AND THE PERSON
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WHOSE NAME APPEARED BELOW THIS GAP FELT HE WAS PREJUDICED,
IT WAS POINTED OUT THAT MR. STOUT'S NAME IS THE LAST LISTED
OF THOSE RUNNING FOR THE OFFICE OF.COUNTY COMMISSIONER, DISTRICT 1, AND
THERE WOULD BE NO BLANK SPACE LEFT BETWEEN NAMES.
DISCUSSION FOLLOWED AS TO WHETHER A SECOND PRIMARY WILL BE
NECESSARY, AND MRS. RICHEY NOTED THAT WHEN THERE ARE THREE OR MORE CANDI-
DATES FOR A PARTICULAR OFFICE, IN ORDER TO WIN ONE MUST RECEIVE 50% OF
THE VOTE PLUS 1 VOTE. SHE FELT IT WAS QUITE LIKELY A SECOND PRIMARY
WILL BE NECESSARY AS THERE ARE SEVERAL OFFICES WHERE THERE ARE THREE
CANDIDATES.
COMMISSIONER MASSEY SUGGESTED SETTING IT UP SO THAT f1TTO STOUT'S
NAME COULD BE REMOVED FROM THE BALLOT FOR THE SECOND PRIMARY,
VICE CHAIRMAN WODTKE INFORMED THE BOARD THAT COMMISS-OVER Loy
WILL BE IN TALLAHASSEE THIS AFTERNOON AND POSSIBLY COULD DETERMINE WHETHER
THE DEPARTMENT OF STATE WILL APPROVE THE REMOVAL OF MR, STOUTS NAME FROM
THE FIRST PRIMARY BALLOT.
MRS, RICHEY REMINDED THE BOARD THAT THE MACHINES WILL BE LOCKED
AT 2:00 O'CLOCK THIS AFTERNOON, AS.ADVERTISED, AND ONCE THEY ARE LOCKED,
THEY CANNOT BE OPENED WITHOUT A COURT ORDER.
VICE CHAIRMAN WODTKE NOTED THAT HAVING TO GO THROUGH A SECOND
PRIMARY ADDS A GREAT DEAL TO A CANDIDATE'S CAMPAIGN COSTS, AND IF THERE
IS ANY WAY POSSIBLE TO ELIMINATE THIS SITUATION, HE FELT IT SHOULD BE
CONSIDERED,
COMMISSIONER MASSEY SUGGESTED THAT PASTE -OVER STRIPS COULD BE
PLACED ON THE VOTING MACHINES BEFORE THE POLLS OPEN ON PRIMARY DAY, AND
'MRS. RICHEY AGREED THAT THIS COULD BE DONE AND HAS BEEN DONE BEFORE,
SHE INFORMED THE BOARD THAT SHE WOULD HAVE AN INSTRUCTION CLASS FOR POLL
WORKERS NEXT WEEK AND COULD INSTRUCT THEM ABOUT PASTE -OVER STRIPS AT THAT
TIME.
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DISCUSSION FOLLOWED IN REGARD TO THE ABSENTEE BALLOTS WHICH E
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HAVE ALREADY BEEN SENT OUT AND THE POSSIBLE AFFECT THEY MIGHT HAVE ON A
RUN-OFF, MRS. RICHEY STATED THAT IF MR. STOUT'S NAME IS REMOVED FROM
THE BALLOT WITH THE STATES APPROVAL, THEN ANY ABSENTEE VOTES CAST FOR
HIM WILL NOT BE COUNTED.
MOTION WAS MADE BY COMMISSIONER MASSEY, SECONDED BY COMMIS-
SIONER Loy, THAT RESOLUTION N0. 76-57 BE ADOPTED ACCEPTING THE WITHDRAWAL
OF OTTO L, STOUT FROM THE BALLOT FOR THE ELECTION OF SEPTEMBER 7, 1976,
AS A CANDIDATE FOR THE OFFICE OF COUNTY COMMISSIONER, DISTRICT 1, SUBJECT
TO THE APPROVAL OF THE DEPARTMENT OF STATE, STATE OF FLORIDA, AND THAT
THE SIGNATURE OF THE VICE CHAIRMAN BE AUTHORIZED.
FURTHER DISCUSSION ENSUED IN REGARD TO THE PHYSICAL REMOVING
OF MR, STOUTS NAME FROM THE BALLOT,
THE VICE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
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RESOLUTION No. 76-57
4
WHEREAS, a Special Meeting of the Board of County Commissioners,
of Indian River County, Florida, having been called, September 1,
1976 with due notice having been given to the public, for the pur-
pose of acting on the request of Otto L. Stout, candidate for the
office of County Commissioner, District 1, of Indian River County,
said request meeting the requirements of law and attached hereto
as part of.this resolution; and
WHEREAS, the -Board of County Commissioners having examined the
sample ballot and given consideration to maintaining the integrity
of said ballot, by the removal of Otto L. Stout therefrom; and
WHEREAS, Rosemary Richey, Supervisor of Elections for Indian
River County having informed the Board that as of this date only
363 absentee ballots have been delivered to voters eligible to
vote by the absentee method; and
WHEREAS, Rosemary Richey, informing the Board that due to the
fact the voting.machines are scheduled to be sealed at 2:00 P.M.,
September 1, 1976 the practical method of removing Otto L. Stout
from the ballot would be to apply a paste -over device over the can-
didates name which would be done by the poll=workers on the morning
of September 7, 1976 upon the immediate.opening of the.polls prior
to the commencement of voting.
NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA having given con-
sideration to the above circumstances, that the name of Otto L.
Stout, upon the,approval of the Department of State shall be
removed from the ballot for the election of September 7, 1976,
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This Resolution shall become effective on the 1st day of
September, 1976.
ATTEST:
Cle
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
William C. o t e, Jr.
Vice Chairman
The Department of State, State of Florida, pursuant to Florida
Statute 101.253(1) hereby (approves) (disapproves) Resolution 76-57
of Indian River County, Florida allowing the removal of `the name of
p t w. l2
Otto L.*Stout as a candidate in the primary election of September
7, 1976 in Indian River County, Florida
Secretary ot State
}
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Wabasso, Florida
August 30, 1976
' 1
Mr. Ralph Harris, Clerk of the Circuit. Court
Indian River County Court House
Vero Beach, Florida
d
Mr. Harris:
Dear p
Effective today, August 30, 1976, please be advised that I
a
request to have my name withdrawn from the September 7th
primary in which I am a candidate for the office of County
Commissioner on the, Republican ticket.
It is with deep regret that I must take this action but after
a lengthy discussion with my family I find that due to health
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reasons within the family it would be best to withdraw at this
time.
I will be most happy to offer my services.to you at any time
that I may be of help.
Very truly yours
OLS:cr Otto L. Stout
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared Otto L. Stout, [know®-to me to be the
person who executed the foregoing instrument.
Not ry Pub is
PWTARY PUBLIC STATE OF FLORIDA AT LAWR
W COMMISSION EXPIRE$ JULY 8. IM
.ONDED THRU GENERM #WURANCE uNDERW ffM
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COMMISSIONER LOY REQUESTED THE BOARD FOR AUTHORIZATION FOR
THE ADMINISTRATOR AND HERSELF TO GO TO.TALLAHASSEE.
nN .MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY APPROVED OUT-OF-COUNTY TRAVEL FOR THE
ADMINISTRATOR AND COMMISSIONER LOY TO ATTEND A CABINET AIDE'S MEETING
RELATIVE TO SANITARY LANDFILL TODAY, SEPTEMBER 1, 1976, IN TALLAHASSEE.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND
CARRIED, THE BOARD ADJOURNED AT 9:40 O'CLOCK A.M.
ATTEST:
'CLER4V CH RMAN