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R21-088 1 RESOLUTION NO.R21-088 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE OF 4 BOYNTON BEACH, FLORIDA DESIGNATING THE PALM 5 BEACH COUNTY SUPERVISOR OF ELECTIONS AS 6 CANVASSING BOARD FOR MUNICIPAL ELECTIONS; 7 PROVIDING FOR CONFLICT, SEVERABILITY, AND AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Palm Beach County Supervisor of Elections requires that the City 11 Commission designate, by Resolution, a Canvassing Board for the City Municipal Elections, 12 and 13 WHEREAS,Designating the Palm Beach County Supervisor of Elections as the City's 14 canvassing board for municipal elections would remove redundancy of officials attending to 15 the same election activities such as the pre-election testing of tabulation equipment, opening, 16 tabulation, duplication, and the canvassing of ballots;and 17 WHEREAS, the City Commission has determined that the responsibility to "canvass 18 the returns" is a ministerial and non-legislative function that can be delegated by the City 19 Commission and that the Palm Beach County Supervisor of Elections is designated as the City's 20 canvassing board for municipal elections. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH,FLORIDA THAT: 23 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 24 as being true and correct, and are hereby incorporated herein and made a part hereof. 25 Section 2. The City Commission hereby designates the Palm Beach County 26 Supervisor of Elections as the City's canvassing board for municipal elections. The Palm Beach 27 County Canvassing Board will handle the canvassing of ballots for the general municipal S:\CA\RESO\SOE As Canvassing Board-Reso.Docx 28 election and for runoff elections, if necessary. 29 Section 3. If any clause, section, or other part or application of this Resolution shall 30 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 31 unconstitutional or invalid part or application shall be considered as eliminated and so not affecting 32 the validity of the remaining portions or applications remaining in full force and effect. 33 Section 4. The City shall indemnify and hold harmless the members of the canvassing 34 board in the event either or both are the subject of litigation arising from their duties as canvassing 35 board members. 36 Section 5. This Resolution shall become effective on passage. 37 PASSED AND ADOPTED this 10th day of August, 2021. 38 CITY OF BOYNTON BEACH,FLORIDA 39 40 YES NO 41 42 Mayor—Steven B. Grant ✓ 43 44 Vice Mayor—Woodrow L. Hay _ 45 46 Commissioner—Justin Katz 47 48 Commissioner—Christina L. Romelus 49 50 Commissioner—Ty Penserga 51 52 VOTE 53 ATTEST: 54 55 ii /i. 4. _ 56 C tal Gibson,MM 57 C ty Clerk 58 's 59 (Corporate Seal) ',• f • k 2 S:\CA\RESO\SOE As Canvassing Board-Reso.Docx