- October 6, 2024
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The Flagler County Commission has decided to table a resolution that could impact campaigners at polling sites during election season until after the November election is over.
The resolution would prohibit the use of chairs, tables, tents, coolers and sound amplifiers on any county-owned property. It would apply year-round and at any county property, but also directly applies to people campaigning outside of polling stations during elections.
Commission Chair Andy Dance — who is one of the Flagler County Commission candidates on the ballot this year — said he did not feel it was appropriate to consider the resolution while the elections are ongoing.
“It could be interpreted to either counter people or activity. And I just prefer to be outside of those bounds,” Dance said.
The Flagler County Commission first reviewed the resolution on July 15. The original resolution included restrictions on “disruptive behavior” and some of the commissioners had concerns the language describing those restrictions was too subjective.
Ultimately, the commission decided to remove the language about behavior and reconsider the resolution on Aug. 5.
Election law dictates that there can be no solicitation within 150 feet of a polling site. Inside that 150-foot radius, the county Supervisor of Elections Office can enforce the no-solicitation rule. But outside that radius, enforcement falls to the county and what restrictions they have in place.
County attorney Sean Moylan said, the county is allowed to apply reasonable restrictions — like telling people they cannot place signage on the library building or in the trees — even during election season.
“We cannot outright prohibit signage outside of that 150-foot zone, but we can put reasonable time, place, manner, restrictions on it,” Moylan said.
Between the two meetings, Flagler County Election Supervisor Kaiti Lenhart expressed concerns about restricting the use of tents and coolers because of Florida’s heat, county documents said. Because of the concerns, the county could choose between two versions of the resolution, one of which provides an exception for polling sites to use chairs, tents and coolers, so long as the items do not interfere with people entering and exiting the property.
The library, the county’s largest polling site, is a “limited public forum,” library Director Holly Albanese said, meaning that reasonable time-place-manner restrictions can be applied.
Regardless of whether the county approved the resolution, she said, this year, the library would be enforcing a time restriction on when people can begin setting up for campaigning.
When early voting begins at 10 a.m. on Aug. 10, Albanese said pollsters will not be able to set up their tents until an hour before the polls open and must remove them by one hour after polls close. The polls close at 6 p.m. for early voting.
“While I'm not trying to interfere with the election … we've got to control some of what's going on over there,” she said.
Albanese said she has seen people set up very early in the morning, even beginning overnight. The congestion has caused issues with parking, traffic, car accidents and even fights and arguments on the property, she said.
“Over the years it’s just gotten more congested, more people … and when they come, it’s like a circus,” Albanese said. “…It’s just really gotten out of control over the years.”
Flagler County resident Sharon Demers said she felt the safety of volunteers was at risk by restricting the use of tents and coolers.
“Most of our volunteers are between the ages of 60 and 80, and as you know, living in Florida, the heat is oppressive,” she said. “…It will be on your heads and your shoulders if someone is taken to the hospital for heat exhaustion.”
