- November 15, 2024
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The following is a news release from the Flagler County communications office:
The Florida Department of State Division of Elections issued the opinion late Monday that the Canvassing Board had no authority to remove and replace Commissioner George Hanns, who had been serving as one member of the three-person board.
Former Flagler County elections supervisor Kimberle Weeks sought to remove Hanns after the general election in November 2014 for allegedly endorsing commission candidate Frank Meeker. Weeks contended that the law required Hanns’ removal because of an erroneous postcard mailer that was sent to about 1,000 voters that included a quote incorrectly attributed to Hanns.
“The county Canvassing Board does not have the authority to disqualify or remove one of its members or to determine who will serve as the permanent replacement for a disqualified member,” wrote Maria I. Matthews, Director, Division of Elections.
Matthews further stated that the Division of Elections under section 106.23(2), Florida Statutes, has the authority to issue the opinion because the answer assists the Board of County Commissioners in its election-related duties.
“I am pleased that this opinion has been issued and my integrity fully restored,” Hanns said. “At the time of my removal, I felt it was wrong, but I didn’t contest it because I was trying to keep things harmonious. This is the only time in my career as a public servant that my integrity has been challenged.”
The opinion summarizes that the three members of the canvassing board are set by statute as a county judge appointed by the chief circuit judge; the supervisor of elections; and, the chairman or chairwoman of the board of county commissioners. If one of those members is disqualified, the vacancy must be filled permanently with a substitute member in accordance with 102.141(1)(a) – (d).
“Subparagraphs (a) through (d), taken together, indicate that ordinarily the statutory member must decide for him or herself, based on personal knowledge of pertinent facts or circumstances, whether he or she is disqualified,” Matthews said. “Any dispute over whether a statutory member should or could be disqualified and replaced with a substitute might ultimately require judicial resolution.”
The Division of Elections also opined that Hanns was not disqualified from serving on the Canvassing Board. Disqualification only occurs when a board member “undertakes an action intentionally to demonstrate or generate public support of the candidate.”
Upon discovering the campaign error, Meeker immediately sent a follow-up mailer retracting the postcard and apologizing for the campaign’s mistake. He also reported the error to the Division of Elections.
“I am vindicated by this opinion,” Hanns said. “It gives us clarity moving forward.”
