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11-18-59SpMtg NOVEMBER 18TH, 1959. A Special Meeting of the City Coup. oil was held in the Council. Chambers on this day, at lO:O0 A.M., with Mayor George Talbot Jr. in the Chair, City Nenager ~. E. Lawson Jr., CityAtt'y. Harry T. Newett and Commissioners J. LeRoy Croft, Charles H. Harbison, Fred B. McNeece and George V. ~'Jarren being present. Mayor Talbot called the meeting to order and requested comment from the Clerk of the Primary Election held on Tuesday, November 17th~ 19§9, the City Attorney and the City Clerk, concerning the irregular- ity as to the information shown on the Voting Machine Slips which in- diceted "VOTE FOR SIX", whereas such information on said Voting Machine Slips should have read "VOTE FOR THREE": Mr. C. C. Turner, assist.ant c. lerk of the. Primary Election, .stated that "He and Mr. Marshall DeV~ltt (Clerk of sazd Primary Election) had gone to the Polls about 6:lB A.M.., Tuesday, November 17th, 1959, and noted that the Machine Slips indicated Vote for Six, that the City Clerk called Mr. DeWitt shortly after 8:00 A.M., at which time $8 Votes had been cast, requesting that the "SLX", being in er.rot, be changed to "THREE", and that Mr. Lindsey, the County Supervisor of Voting Machines, be contacted at a phone number shown on the Machine Instruction Envelopes a~d asked to come down immediately and correct the Voting Machines to provide for a Vote of THREE instead of SIX as the machines had been set-up to allow. Mr. Lindsey was located in Boynton, where he had beento service machines being used in a Boynton E.lection, and came down to adjust the Delray voting machinee to pro- vzde for prop.er voting of THREE Candidates. Mr. Turner further stated that all machines were properly adjusted by $:00 A.M., by which time there had been from 100 to 120 votes cast." "The City Attorney then stated that - "This Election was only a Primary, not a General Election. The purpose of the Primary Election was to formulate the Ballot for the General Election. Voters at the General Election may still vote for any eliminated Candidate by utili- zing a "write-in" vote." The Attorney further stated - "It would appear that no candidate or voter could prove that the result would be different had the in- str~tion been correct at the beginning. Therefore, I am of the opin- ion~the irregularity was harmless, and the results are valid." .The City Clerk informed the Council that - "the Clerk of the Electzon, .Mr. Marsha.ll DeV~itt had expressed being unable to attend this meeting and believed that no_more than lO0.votes had been cast up to the time the County Voting Machine Supervisor adjusted the ma- chines to proper position and condition for Voting for THREE. The City Clerk further felt that the responsibility of determining the original Voti? Machine instruction slips to be correct was his and that the erro~ should have been detected and corrected prior to open- ing of the Polls." C~ssioner Warren suggested that, six of the original seven candidates being present, a vote might be taken from them regarding objection, if any, to the procedure and result of the Primary Election. Mayor Talbot replied that he doubted if any of the six candidates present would object but cited the fact m'that the seventh candidate was not present. Commissioner Croft stated that obviously the results of the Election would not have materially changed nor affected any candidate had everything been in perfect order but wondered if possibly any voter or individual could submit a protest. 266 NOVEMBER 18th, 1959. The City Attorney replie~ that no one could pr?clude ? candidate or ?ter from bringing an action zn Court, but in his opinion such action would not be successful. · .Commissioner Harbison inquired if the Council went along with the opinion as e.x~ressed by the City Attorney, and if the Election is not contested until after the General Election, would it preclude any ac- tion of such Election, and was advised by the Attorney that one can- not ~reclude persons for tak%ng any such action desired, but referred to his opinion as expressed zn the preceding paragraph. . Commissioner Harbison asked - since this is a Primary Election, if we ?uld get the seventh candidate, not present, to withdraw, would it preclude any grounds ~or protest? The Attorney stated that if someone thought they had been wronged they have the right to ~rotest any.action, however, the purpose of a Prima~yElection is to furnish Nomnees for a General Election. Mayor Talbot inquired if certification of the Primary Election returns might no~ be made subSect to the approval of ~h? Att'y. Gen- eral and was advised by the City Attorney that the opinions of th? · Attorney General are not binding on the Courts, although influential. CommissionerMcNeece informed the Council that, while successful in having been nominated for his name to appear on t~e Ballot at the General Election, he did not feel that he could certify, such a Rettmn and protec~ the Council as to whether the irregularity is legal or il- legal and if there was room for any person to contest. The City Attorney informed the Council that, with respect to the comment of Commissioner McNeece, the Council shall, at this meeting, canvass the 'Returns', and, in the absence of a declaration of a con- test by any of the candidates in such Election, shall declare the re- sult of the Election as shown by the 'Returns' made by ~he Clerk and I~.spectors for said Election. The Attorney further advised the Coun- cil that the City Attorney is responsible for establishing the legal- ity of procedure of the Council. Commissioner Harbison then stated that, in view of the City At- torney's opinion, the results of the election are unquestionable. .Mayor Talbot submitted the following 'Result' of the Primary Election held on Tuesday, November l?th, 19B9; DUGAL G. C~_M?BELL 9Al Votes JONNA. THAYER 811 J. LeROY CROFT 807 GLENN SUNDY 794 GEORGE TALBOT JR. 713 FRED B. McNEECE 643 GEP~LD L. ZIMMERMAN 861 and asked each Candidate present for comment thereon. Messrs. Campbell, Croft, Sundy, Talbot and Thayer stating - "No Comment", Mr. McNeece, referring to his previous statement, commented that he would go along with the Council in its certification of the Canvass of 'Returns'. Mr. Z~mmermanwas absent. CommissionerWarrsn moved for approval of the Canvass of the Re~ turns. There was NO Second and the Commissioner withdrew the motion. NOVEMBER 18th, 1959. 267 Commissioner Harbison moved - in view of the statements and ad- vice of the City Attorney that we are merely approving the Canvass of Votes cast and not attempting to determine the legality of this ir- regularity and voting procedure, that the 'Returns' for the Primary Election held on Tuesday, November l?th, 1959, be certified. Motion was seconded by Commissioner V~arren and unanimously approved. MEETING ADJOURNED: R.D. WORTHING APPROVED: 268 NOVEMBER 18th, 1959.