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Ken Tinkler.

  

  

 

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Angry Supervisors of Elections – amended Florida Senate bill passes

April 16, 2013 By Ken Tinkler

TBT and The Orlando Sentinel are reporting that the Florida Senate passed an amended version of the House election law proposal.  The Senate’s action included passing an amendment that would allow the Secretary of State to “place a supervisor of elections in noncompliant status pursuant to s. 98.025,” apparently angering some Supervisors of Elections in attendance.  The new 98.025 would read:

98.025 Supervisors of elections; noncompliant status.—
   49         (1) The Secretary of State may place a supervisor of
   50  elections in noncompliant status whenever that supervisor does
   51  not perform one or more of the following:
   52         (a) Timely file any report required by the Florida Election
   53  Code.
   54         (b) Ensure that ballots are distributed, collected,
   55  counted, and reported in accordance with applicable law.
   56         (c) Safeguard and account for voted ballots.
   57         (d) Follow any statute that imposes a duty or
   58  responsibility on a supervisor of elections.
   59         (e) Follow rules adopted by the Department of State
   60  concerning the implementation of any provision of the Florida
   61  Election Code.
   62         (2) The Secretary of State shall submit the written
   63  decision to place or remove a supervisor of elections in
   64  noncompliant status to the affected supervisor and provide a
   65  copy of the decision to the Governor and the chair of the board
   66  of county commissioners in the supervisor’s county.
   67         (3) While a supervisor of elections is in noncompliant
   68  status, the supervisor is not entitled to receive the special
   69  qualification salary available pursuant to s. 145.09. When
   70  removed from noncompliant status, if otherwise eligible to
   71  receive the special qualification salary, the supervisor is
   72  entitled to a pro rata share of the special qualification salary
   73  based on the remaining period of the year.
   74         (4) The Secretary of State may remove a supervisor from
   75  noncompliant status after 1 year of being placed in such status,
   76  provided that:
   77         (a) The supervisor has complied with any of the duties
   78  identified in subsection (1) while in a noncompliant status.
   79         (b) The supervisor has completed during each year while in
   80  noncompliant status a course of continuing education pursuant to
   81  s. 145.09 as prescribed by the Division of Elections; and
   82         (c) The supervisor has taken and received while in
   83  noncompliant status a grade of 90 percent or greater on a
   84  uniform statewide open-book examination testing the supervisor’s
   85  knowledge of the Florida Election Code. The Florida State
   86  Association of Supervisors of Elections shall annually develop
   87  the examination, but the examination shall be approved and
   88  administered by the Division of Elections.
   89         (5) If a supervisor has been in noncompliant status for 3
   90  consecutive years, the Secretary of State shall provide written
   91  notice of such event to the Governor for consideration of
   92  exercising the Governor’s authority to suspend the supervisor
   93  pursuant to s. 7, Art. IV of the State Constitution.
   94         (6) The decision of the Secretary of State to place a
   95  supervisor of elections in noncompliant status or remove a
   96  supervisor of elections from noncompliant status is exempt from
   97  the provisions of chapter 120.
   98         (7) This section is in addition to, and not exclusive of,
   99  the authority of the Governor to suspend and remove a supervisor
  100  of elections pursuant to s. 7, Art. IV of the State
  101  Constitution.

Filed Under: News, State Law and Opinions

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