Legislative Matter

Miami-Dade Legislative Item
File Number: 073268

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Clerk's Official Copy

File Number: 073268

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1343-07

Control: Board of County Commissioners

File Name: DISPOSE EXISTING TOUCH SCREEN VOTING MACHINES

Introduced: 11/1/2007

Requester: NONE

Cost:

Final Action: 12/4/2007

Agenda Date: 12/4/2007

Agenda Item Number: 11A10

Notes:

Title:

RESOLUTION DIRECTING THE SUPERVISOR OF ELECTIONS TO ASSIST THE SECRETARY OF STATE IN SELLING OR OTHERWISE DISPOSING OF EXISTING, EXCESS TOUCH SCREEN VOTING MACHINES

Indexes:

ELECTIONS

Sponsors:

Sally A. Heyman, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	12/4/2007	11A10	Adopted				P

Governmental Operations and Environment Committee	11/13/2007	3E	Forwarded to BCC with a favorable recommendation				P
REPORT:	The foregoing proposed resolution was read into the record by Assistant County Attorney Geri Bonzon-Keenan. Assistant County Attorney Oren Rosenthal requested the title of the foregoing proposed resolution be amended to delete the language “Supervisor of Elections” and to insert the language “County Mayor or his designee.” Chairwoman Seijas recalled that, in the past, changing a resolution’s title required a new resolution be brought forth. She noted this resolution needed to remain as written to be voted on today. Commissioner Gimenez questioned whether this resolution meant they could not direct any department directors, only the County Mayor or whether this also applied to the County Manager. In response to Commissioner Diaz’ request for clarification, Mr. Lester Sola, Supervisor of Elections, noted this resolution, sponsored by Commissioner Heyman, asked that the Supervisor of Elections be the Mayor’s designee to enter into discussion with the Secretary of State, and to offer any assistance in the disposal or sale of the current touch screen election equipment. He noted that under the approved Legislative Bill 537, Florida counties were required to turn voting equipment over to the Secretary of State, the only one authorized to negotiate the sale of said equipment. He noted the State would be required to turn over proceeds from such sales, to the counties, to help with any remaining unpaid balance for the equipment. Mr. Sola also noted this legislation removed the counties’ ability to sell the equipment themselves and specifically stated that the Secretary of State be the one agent designated to sale or dispose of the touch screen equipment. In response to Commissioner Diaz’ question of whether being a Chartered County excluded Miami-Dade, Assistant County Attorney Rosenthal noted it was a condition for receiving the funding from the State. Following Chairwoman Seijas’ comments that the State still held Federal funds for counties, Mr. Sola noted his Department had made it their number one priority to pursue the $67 million of federal funds being held by the State for voting equipment. Commissioner Martinez noted the County had a choice of forfeiting the $5,000 offered by the State, and selling its equipment on the open market. Mr. Sola noted the Board of County Commissioners approved entering into the agreement with the State to accept the $5,000 in return for the equipment, and was bound by that agreement. He noted shortly after the law was passed, the Secretary of State began negotiations and was offered one dollar per unit by one vendor, as the value of the outdated equipment had decreased significantly. He also noted the number of states converting to a paper-based election had increased, and stated that this Country would ultimately be a full paper-based election system. In response to Commissioner Gimenez’ question for the purpose of this resolution, Mr. Sola advised he would offer whatever assistance was necessary to the Secretary of State, based on his experience, to ensure that the County received the best value for its equipment. Hearing no further comments or discussion, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney	11/1/2007		Assigned	Oren Rosenthal

County Attorney	11/1/2007		Referred	Governmental Operations and Environment Committee	11/13/2007

Legislative Text

TITLE
RESOLUTION DIRECTING THE SUPERVISOR OF ELECTIONS TO ASSIST THE SECRETARY OF STATE IN SELLING OR OTHERWISE DISPOSING OF EXISTING, EXCESS TOUCH SCREEN VOTING MACHINES

BODY
WHEREAS, the Florida Legislature passed a comprehensive elections bill, House Bill 537 ("HB 537"), into law during the 2007 regular legislative session this past spring, Chapter 2007-30, Laws of Florida; and,
WHEREAS, except for voting by persons with disabilities HB 537 requires all voting in the State of Florida to be by optical scan, which results in a paper record; and,
WHEREAS, HB 537 allocates federal Help America Vote Act ("HAVA") funds to the 15 counties with touch screen voting machines to partially fund their conversion from touch screen voting machines to optical scan voting machines; and,
WHEREAS, HAVA fund allocations are conditioned upon the counties permitting the Secretary of State to dispose of the existing, excess touch screen voting equipment; and
WHEREAS, the Supervisor of Elections of Miami-Dade County's experience in the voting equipment market will provide material assistance to the Secretary of State in the marketing of the excess touch screen voting machines and ensure the best price for the equipment,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board directs the Supervisor of Elections for Miami-Dade County to provide assistance to the Secretary of State in selling or otherwise disposing of the existing, excess touch screen voting machines; and participate in any negotiations, to the extent permitted, with any potential purchaser of those voting machines.