HomeMy WebLinkAboutR-88-0874J-88-824
9/16/88
RESOLUTION NO. 88--N 74
A RESOLUTION OFFICIALLY ACCEPTING THE
ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE SPECIAL
MUNICIPAL ELECTION HELD ON SEPTEMBER 6, 1988,
IN WHICH THE QUESTION OF AMENDING THE CITY
CHARTER (CHARTER AMENDMENT NO. 3) TO PROVIDE
THAT THE CITY ATTORNEY SERVE AS GENERAL
COUNSEL TO THE MIAMI OFF-STREET PARKING BOARD
AND DEPARTMENT AND THAT SPECIAL COUNSEL TO
THE BOARD AND DEPARTMENT AS DEEMED NECESSARY
BY THE MIAMI CITY ATTORNEY BE APPROVED BY THE
BOARD, CITY ATTORNEY AND CITY COMMISSION WAS
APPROVED BY THE ELECTORATE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Commission hereby officially accepts
the attached City Clerk's Certification and Declaration of the
results of the Special Municipal Election held on
September 6, 1986, in which the question of amending the City
Charter to provide that the Miami City Attorney serve as General
Counsel to the Off -Street Parking Board and Department and that
any Special Counsel as deemed necessary by the City Attorney, be
approved by the Board, City Attorney and City Commission was
approved by the electorate.
Section 2. The City Commission hereby declares:
(a) with respect to said question of
providing that the Miami City Attorney serve as General Counsel
to the Off -Street Parking Board and Department and that any
Special Counsel as deemed necessary by the City Attorney, be
approved by the Board, City Attorney and City Commission, said
election was duly called and properly held and notice thereof was
duly given in accordance with law and Resolution mo. 88-535,
adopted June 9, 1988, entitled:
ATTACHMENTS
CONTAINED
CITY colug m
xminid OF
OCT 6 19"
1
"A RESOLUTION APPROVING, SETTING FORTH AND
SUBMITTING THE DRAFT OF A PROPOSED CHARTER
AMENDMENT AMENDING SECTION 23, ENTITLED
"DEPARTMENT OF OFF-STREET PARKING; OFF-STREET
PARKING BOARD.", OF THE CHARTER OF THE CITY
OF MIAMI, FLORIDA, KNOWN AS CHARTER AMENDMENT
NO. 3, THEREBY PROVIDING THAT THE CITY
ATTORNEY SERVE AS GENERAL COUNSEL TO THE
MIAMI OFF-STREET PARKING BOARD AND DEPARTMENT
AND THAT SPECIAL COUNSEL TO THE BOARD AND
DEPARTMENT AS DEEMED NECESSARY BY THE MIAMI
CITY ATTORNEY BE APPROVED BY THE BOARD, CITY
ATTORNEY AND CITY COMMISSION; MORE
PARTICULARLY BY AMENDING SUBSECTION (f) AND
RELETTERING OF EXISTING SUBSECTIONS (g), (h),
(i) AND (j) OF SAID SECTION 23; FURTHER
CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 6TH DAY OF
SEPTEMBER, 1988 FOR THE PURPOSE OF SUBMITTING
CHARTER AMENDMENT NO. 3 TO THE ELECTORATE AT
SAID ELECTION; FURTHER DIRECTING THAT A
CERTIFIED COPY OF THIS RESOLUTION BE
DELIVERED TO THE SUPERVISOR OF ELECTIONS OF
METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS
THAN 45 DAYS PRIOR TO THE DATE OF SUCH
SPECIAL MUNICIPAL ELECTION.";
(b) all steps in connection with said
election were duly, regularly and lawfully taken and had; and all
applicable provisions of the Constitution and Statutes of the
State of Florida and of said Resolution have been fully complied
with;
(c) the inspectors and clerks of each
election precinct in the City have duly made returns of the
results of the election in each such precinct on the question
submitted at said election;
(d) at said election there was submitted to
the qualified electors of the City of Miami, Florida, the
following question:
"Shall Charter Amendment No. 3 be adopted to
provide that the Miami City Attorney serve as
General Counsel to the Miami Off -Street
Parking Board and Department and that all
Special Counsel as deemed necessary by the
City Attorney be approved by the Board, City
Attorney and City Commission?";
(e) the attached schedule correctly shows
the number of each of the election precincts in the City of
Miami, the number of electors entering the voting machine booths
for the purpose of voting, the number of votes cast by qualified
electors approving the question to provide that the Miami City
Attorney serve as General Counsel to the Off -Street Parking Board
88-8'7'4
10 P
and Department and that any Special Counsel as deemed necessary
by the City Attorney, be approved by the Board, City Attorney and
City Commission, and the number of votes cast by qualified
electors disapproving the question to provide that the Miami City
Attorney serve as General Counsel to the Off -Street Parking Board
and Department and that any Special Counsel as deemed necessary
by the City Attorney, be approved by the Board, City Attorney and
City Commission;
(f) each qualified elector of the City of
Miami was given the opportunity of voting for or against the
provision that the Miami City Attorney serve as General Counsel
to the Off -Street Parking Board and Department and that any
Special Counsel as deemed necessary by the City Attorney, be
approved by the Board, City Attorney and City Commission.
Section 3. With respect to the question set forth above
concerning said Resolution, it is hereby found and determined
that 11,120 votes were cast by qualified electors in favor of
the provision that the Miami City Attorney serve as General
Counsel to the Off -Street Parking Board and Department and that
any Special Counsel as deemed necessary by the City Attorney, be
approved by the Board, City Attorney and City Commission;
that 10,417 votes were cast by qualified electors against the
provision that the Miami City Attorney serve as General Counsel
to the Off -Street Parking Board and Department and that any
Special Counsel as deemed necessary by the City Attorney, be
approved by the Board, City Attorney and City Commission; and the
Commission hereby declares and certifies that the question of
amending the City Charter was approved by the qualified electors
of the City of Miami at such election and that the total number
of votes on the question in said election in said voting
precincts was 21,537 ; and that a majority of the votes on the
question in said election in said voting precincts was in favor
of providing that the Miami City Attorney serve as General
Counsel to the Off -Street Parking Board and Department and that
r
91
any Special Counsel as deemed necessary by the City Attorney, be
approved by the Board, City Attorney and City Commission.
PASSED AND ADOPTED this 6th day of _ October , 1999.
XAVIER L. SUPb, MAYOR
ATTES
MA HIRAI
CITY CLERK
PREPARED AND APPROVED B/Yt
ROBE T F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED4AF'
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CSRTITICATION AND DECLARATION
STATE OF FLORIDA )
COUNTY Of DADE )
CITY OF MIAMI )
I. I, NATTY HIRAI, City Clark of the City of Miami, Florida, do
hereby certify that all necessary legal steps were taken in
connection with the conduct of a City of Miami Special Election
held on September 6, 1988 including the following Logic and
Accuracy Tests:
On September 2, 1966 commencing at approximately 9:00 A.M. the
Dade County Supervisor of Elections had the automatic tabulating
equipment based at the Elections Department and O.C.S.I.S.
offices, at the Metro -Dade Center, tested to ascertain that the
equipment would correctly count the precinct and absentee ballot
votes cast for the measures.
On September 6, 1968, commencing at approximately 5:00 P.M. the
Dade County Supervisor of Elections had the tabulating equipment
based at the Elections Department and O.C.S.I.S. offices at the
Metro -Dade Center was once again tested to ascertain that the
equipment would correctly count the precinct votes cast for the
measures.
At the completion of the precinct ballot count, the automatic
tabulating equipment was again tested to ascertain that the
equipment correctly counted the precinct votes cast for the
measures.
On September 7, 1966, commencing at approximately 9:00 A.M., the
Dade County Supervisor of Elections had the tabulating equipment
based at the Elections Department and O.C.S.I.S. offices, at the
Metro -Dade Center, was tested to ascertain that the equipment
would correctly count the absentee ballot votes cast for the
measures.
At the completion of the absentee ballot count, the automatic
tabulating equipment was again tested to ascertain that the
equipment correctly counted the absentee ballot votes cast for
the measures.
I do hereby further certify that all documents concerning
these Logic and Accuracy Tests showed the computer to be
functioning correctly and are in the possession of the Supervisor
of Elections of Metropolitan Dade County, under sealed vault.
I further certifyand declare that the results of the
e
Spacial Election which was held on September 6. 196$ are as
followas
1 �
i -.
IP V
FINAL CUMULATIVE REPORT
(86 Precincts Processed plus Absentees)
CITY OF MIAMI SPECIAL ELECTION
September 6, 1988
ELECTION RESULTS
COUNT
PERCENT
Total Registered Voters - Miami
107,421
Charter Amendment No. 1:
Four year term of office for Mayor
Yes
16,296
66.902
No
8,064
33.102
Total
24,362
1002
Charter Amendment No. 2:
Off -Street Parking Board Membership Expansion
Yes
7,695
34.012
No
14,932
65.99%
Total
22,627
1002
Charter Amendment No. 3:
Off -Street Parking Board Counsel
Yes
11,120
51.632
No
10,417
48.372
Total
21,537
1002
II. POST ELECTION LOGIC AND ACCURACY TEST.
I certify that the post -election Logic
and Accuracy Test
which was conducted after all precincts had reported verified
the
continued accuracy of the computer.
III. PRE -ABSENTEE BALLOT TEST.
I certify that the pre -Absentee Ballot
Logic and
Accuracy
Test which was conducted on September 7,
1988 verified
the
continued accuracy of the computer.
IV. ABSENTEE BALLOT COUNT.
a
CITY OF MIAMI SPECIAL ELECTION
September 6, 1988
Total Registered Voters - Miami: 107,421
CUMULATIVE ABSENTEE REPORT:
COUNT
PERCENT
Charter Amendment No. 1:
four year term of office for Mayor
i
Tom
568
60.742
No
360
39.262
Total
968
loot
Charter Amendment No. 2c
Off -Street Parking Board Membership =xpaweios
Too
286
34.171
No
$51
6S.6ii
�`s
a '
4
Total
637
t00%
.ak: "
Charter Amendment No. 3s
Off -Street Parking Board Counsel
510 S9.6St
Teo
No 345 40.352
Total 655 loot
V. A. I further certify that there were 16,298 votes cast for
approval of Charter Amendment No. 1 for four year term of office
for Mayor appearing on the ballot in said Special Election and
8,064 votes cast against said question, and hereby declare that
said question was approved by the electorate.
B. I further certify that there were 7,695 votes cast for
approval of Charter Amendmeat No. 2 for Off -Street Parking Board
membership expanion appearing on the ballot in said Special
Election and 14,932 votes cast against said question, and hereby
declare that said question was disapproved by the electorate.
C. I further certify that there were 11,120 votes cast for
approval of Charter Amendment No. 3 for City Attorney to serve as
counsel to the Off -Street Parking Board appearing on the ballot
in said Special Election and 10,417 votes cast against said
question, and hereby declare that said question was approved by
the electorate.
WITNESS MY HAND and the official Seal of the City of Miami,
Florida, this 14th day of September, 1988.
------------
M ty Hirai
City Clerk
Sworn to and subscribed before me this 14th day of
September, 1988.
iy via Low a a
Notary Public
state of Florida
My Commission Expiress
April 29, 1991
7
Ilk
METROPOLITAN DADE COUNTY, FLORIDA
`VETRO-DADE CENTER
o cE o� T swEevMos o� t�EctaMt - - P. 0. s MU41
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I I I N w let iT11EET Mom, FWW i M41MI
Miami FLON DA "Imlou
am sn"U
CERTIFICATION
STATE OF FLORIDA)
COUNTY OF DADE)
I, David C. Leahy, Supervisor of Elections of Metropolitan
Dade County, Florida, do hereby certify that the hereto attached
is a true copy of the Certification of Logic and Accuracy Tests
required by State Statute 101.5612(1) and performed on the
tabulating equipment used in the processing of ballots cast in
the September 6, 1988 City of Miami Special Election.
I further certify that the hereto attached summary is
a true and faithful copy of the results of the precinct and
absentee ballot counts of the votes cast on the following CITY OF
MIAMI QUESTIONS:
1. CHARTER AMENDMENT PROVIDING A FOUR YEAR TERM OF
OFFICE FOR MIAMI MAYOR COMMMCING NOVEMBER 1989
2. CHARTER AMENDMENT RELATED TO OFF—STREET PARKING
BOARD MEMBERSHIP EXPANSION
9. CHARTER AMENDMENT RELATED TO OFF—STREET PARKING
BOARD COUNSEL
WITNESS MY HAND
AND OFFICIAL SEAL,
AT MIAMI, DADE COUNTY,
FLORIDA, ON THIS 9TH
DAY OF SEPTEMBER, 1988
David C. Leahy
Supervisor of Electi s
Metropolitan Dade County, Florida
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SII
324
114
310
115
162
311
216
231
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l30
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131
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l23
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164
414
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195
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109
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101
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WAVARSIS M as SPECIAL IM1111113
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ft unc1 tit 296 119
ftfu ML 1 621 21 s is
NtE4.1 ML 1 620 490 Is 1
fttclML1 62s u1 Ss
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ftKI81L1 "I "I 111
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fMKI Mc1 611 154 m •
fNtUML1 6j2 226 11
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MIL/MCTS LAAoUft4. - M0011
at
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ICIAL
24,362
•IAMI - 06-F-S tU E I ft" IwC & MC MEMMM SHIP
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IVIAL
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:1.63
MO
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ICIAL
2l•!31
CITV OF MEit MIAMI - UbEEs
PNEC/MCIS L0"110 - HEST AIAMI
1C40.06
ItE61i lb►E0 101'rAS - MISS r1AM1
2.323
•ALLOTS CAST - MESS r1AM1
Ni
36.38
WEST M 1AM 1 - SSR" r1,LCf OLf ST IOA
VE S
NE
64.20
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at
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WE S
150710
61.15
ON
106446
32.4%
INIAL
21.314
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4
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RECISIENEO MITERS - HEST PIMA
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414
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ist
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1
1
ivS !. S1iY 11I1J1A IYC FEI�OMT
N/Y►/i111 F1161 PRIMAKVo 0600ANT ISAU IUD SPECIAL E/EL I Ii.&S
�K:H NM SCFIENtEN t. I+a11 LAEI LEvUIV* FLLMIUJ
LI.Ja 1
PE11LIN I
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rKtUg"Lla - 1
t
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MlAMI - F1.1lk YEAR IMP FOR MIAMI PAVOR
WE
so$
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mu
illc
1v.26
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96 •
MIAMI - UFF-SIAEET ►AARIlls OWC NE1MERSMIF EIIPAIISIGk
WE
266
34.11
to
SS I
65.111
TOTAL
831
MIAMI - OFf S IAE f T ►AAR ING ROARO COUNSEL
WE S
51 c
59.69
NJ
39b9
46.35
TUTAL
K`.
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IAEGIMCIS COM CE0 - YESI MIAMI
i
90.6c
AEGISTEREL WIERS - YES1 014MI
c
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2S
•
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I
►AGE l! �t
s�
LINM1f PERCENT "`'^_:
I
/'�
FIRST PRIMARY, NONPARTISAN AND SPECIAL ELECTIONS
DADE COUNTY, FLORIDA
SEPTEMBER S,1988
We, the undersijzed County Court Judge, Member of the Board of County
Commissioners, and Supervisor of Elections, constituting the Board of County
Canvassers appointed to act during then elections, do, by our signatures hereto,
certify that "a bat of our knowledge:
1. On September 2, IM commencin at appproximately 0:00 a.m., the Dade
County Supervisor of Elections haf the tabulatin equipment based in the
Elections Department and O.C.S.I.S. offices at the Metro -Dade Center tested to
ascertain that the equipment will correctly count the precinct and absentee
ballot votes cast for all candidates and measures.
2. The undersigned compared the test results with the predetermined totals for
each candidate and measure and pursuant to the requirements established in
Section 101.5612, Florida Ststutes, observed the performance and results of all
required tests and verified the correctness of the program, precinct header
cards and test ballots, as well as any replacement of said materials required by
said tests, subject to said tests.
9. At the completion of this public logic and accuracy test, the verified logic and
accuracy report K the program listing M, BMX log 01, console log , JCL
report ®, BMX tapes Aprogram tope S and test ballots with precinct header
cards JS were pl ced in the custody of the Supervisor of Elections under
seal numbers 01 ,
Pap l 0(6
V.T I T 17 t t� . T i
7 .,'
We, the undersigned members of the Dade County Canvassing Board
a pointed to act during these elections, do, by our signatures hereto, further certify
that to the best of our knowledge:
4. On September 6, 1968 commencin at a pproximately 5:00 p.m., the Dade
County Supervisor of klections had the tsulatin equipment based in the
Elections Department and O.C.S.I.S. offices at the Metro -Dade Center tested to
ascertain that the equipment will correctly count the precinct ballot votes cast
for all candidates and measures.
Seal numbers G3 16o1 `� . _ �"" ,used to secure
the testing materials. were bro en in our presence and a contenta were used
following the procedures of paragraph (2), to complete this pre -count logic and
accuracy test.
6. At the completion of this pre -count logic and accuracy test., all precinct ballots
cot were counted. Except as otheranse riot
Reall set forth and declared in
this Certification, in our presence and sio ballot card was removed from
or added to any ballot card container, baard tray or other segregation of
ballots, and no ballot card was in any manner altered or tampered with by any
person, and no person touched any ballot card container, ballot card tray or
ballot card, except a person authorised to do so pursuant to Section 101.5614,
Florida Statutes.
6. At the completion of the precinct ballot count, the automatic tabulating
equipment was again tested to ascertain that the equipment correctly counted
the precinct votes cut for all candidates and measures.
7. At the completion of this post -count logic and accuracy test, all voted ballots
with their precinct header cards ® and duplicated and spoiled ballots p, were
stored in card cabinets under seal numbers Vs S 4_. C SO-A.1
S-Sti!;16 , (SvsvC 3 ,
16
Z Go
In a cabinet under seal number�4 S' 4 were stored the verified lo*c
and accuracy report IQ, the program listing ®, BMX log Z, console log Co. JUL
r*portM BMX tapes ®, program tape M. and under seal number
the tog ballots with precinct header cards ®.
Pages 2 ores
All it"u, sa►lod a dew bed &bone. wore placed is dw custody of the
anpalmsor of llostiw.
,k
V,
M
'w
h�
r..
.. ,,.,fir �r`,�i.� t«, ..✓�
E
We, the undersigned members of the Dade County Canvassing Board
appointed to act during these elections, do, by our signatures hereto, further certify
t to the best of our knowledge:
8. On September 7, 198E oommencf at appprot3mately 9:00 a.m., the Dade
County Sup�eervisor of klections bad the tabulatin equipment based in the
Elections Department and O.C.S.I.S. offices at the Metro -Dade Center tested to
ascertain that the equipment will correctly count the absentee ballot votes cast
for all candidates and measures.
Seal numbers CIO( used to secure
the testing materials. were bro en in our presence and the contents were used
following the procedures of paragraph (2), to complete this pre -count logic and
accuracy test.
9. At the completion of this pre -count logic and accuracy test, all absentee ballots
cast were counted. Except as otherwise specifically set forth and declared in
this Certification, in our presence and si t, no ballot card was removed from
or added to any ballot card container, ba lot card tray or other segregation of
ballots, and no ballot card was in any manner altered or tampered with by any
person, and no person touched any ballot card container, ballot card trayy or
ballot card, except a person authorised to do so pursuant to Section 1017 14,
Florida Statutes.
10. At the completion of the absentee ballot count, the automatic tabulating
equipment was again tested to ascertain that the equipment correctly counted
the absentee ballot votes cast for all candidates and measures.
At the completion of this post -count logic and accuracy test, all voted ballots
with their precinct header cards IN and duplicated an spoiled ballots a, were
stored in card cabinets under seal numbers , `3yS r, ,
Ina cabinet c under seal number 1 were stored the verified to e
and accurareportBIdX tport V. the program
� listing BMX log JW, console 1 , JCL
the testballots with precinct header is M. undersea number 3
Pap 4 of b
r
/►11 _hd bed above, won pl000d In tie eoo�odr of do
b 0waSjudp
i
}
�Aq 4 } S z 4�r
.a,e�,Y
+� 3
CITY OF MIAM1. FLORIDA
114TER.OFFICE MEMORANOUM
rO DATE VILE
HONORABLE MEMBERS OF September 14, 1988
THE TY CC`9MISSION SUBJECT
Acc�pt�ne�_ of nsial
Citi_of Niasi_ Election
• Results tea ber 6
-���1
l9es
M TTY H IRA I ENCLOSURES
City Clark
A City of Miami Special Election was hold on September 6, 1988.
Official results are now complete. It is now in order for the
City Commission to approve the City Clerk's Certification and
Declaration of the Official Results of said election.
Attached please find the following documents for Commission
approval:
(1) The City Clerk's Certification and Declaration of Official
Results of the City of Miami Election held on September 6,
198e for the following Charter Amendments: ( 1 ) 4-year tarm
for Mayor: approved, (2) Off -Street Parking Board expansion:
disapproved, and (3) City Attorney as counsel for Off -Street
Parking Board: approved.
(2) Resolutions officially accepting the City Clerk's
certificate and declaration of election results.
(3} Certification from Supervisor of Elections of Metropolitan
Dade County attaching: (a) certification of logic and
accuracy tests, and (b) summary of the results of the
precinct and absentee ballot counts of the votes cast.
MH:sl
INC: a/a