Officials break election law in Sarasota County, FL
From: Kindra Muntz
To: Carolyn Mason ; Joe Barbetta ; Jon Thaxton ; Nora Patterson ; Shannon Staub
Cc: Kathy Dent ; Doug Sword
Sent: Tuesday, March 16, 2010 10:29 AM
Sarasota County Commissioners:
As you know, the Florida Supreme Court has upheld the provision of our Charter which requires 5% spot audits after each election. (Charter 6.2A(2) ).
Below is correspondence with Kathy Dent Monday, March 15th, in which she says there “will not be enough time” to obey the law for this election. Failure to plan ahead or request an RFP is no excuse for noncompliance with the law .
It is the duty of the County Commissioners and the County Attorney to enforce the County Charter. Our SAFE attorney has had no response to his letter to the County Attorney (attached). Please advise how you plan to enforce the law if the Supervisor fails to comply with the County Charter, Section 6.2A(2) as upheld by the Florida Supreme court February 11, 2010.
Below are the Sarasota County Ordinances which specifically criminalize violations of Article VI (Elections-including the required 5% audits) of the Charter.
Sec. 46-33. Penalties for violation.
A violation of Article VI of the Charter shall be treated as a misdemeanor and the violation shall, upon conviction, be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Each act constituting a violation shall be deemed a separate offense.
(Ord. No. 99-087, § 7, 12-7-1999; Ord. No. 2008-125, § 7, 11-18-2008)
Sec. 46-34. Enforcement.
Violations of Article VI of the Charter may be prosecuted in the same manner as misdemeanors are prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof. Sarasota County shall also have the right to enforce the provisions of Article VI of the Charter by bringing an action in equity or in law in any court of competent jurisdiction, including an action for mandatory or injunctive relief.
(Ord. No. 99-087, § 8, 12-7-1999; Ord. No. 2008-125, § 7, 11-18-2008)
Here is my correspondence with Kathy Dent Monday, March 15th. Please read from the bottom up:
> —– Original Message —–
> From: “Kindra Muntz”
> To: “Dent, Kathy”
> Sent: Monday, March 15, 2010 4:09 PM
> Subject: Re: Important Question–response requested
>> The law is in effect now. Failure to prepare an RFP is not an excuse for
>> not conducting the required audits.
>> —– Original Message —–
>> From: “Dent, Kathy”
>> To: “Kindra Muntz”; “Kathy Dent”
>> Sent: Monday, March 15, 2010 2:51 PM
>> Subject: RE: Important Question–response requested
>> The county is in the process of preparing an RFP for the auditing firm.
>> There will not be enough time for this election.
>> Sent from my Windows Mobile® phone.
>> —–Original Message—–
>> From: Kindra Muntz
>> Sent: Monday, March 15, 2010 1:26 PM
>> To: Kathy Dent
>> Subject: Important Question–response requested
>> Please confirm that the 5% mandatory random audit required by the County
>> Charter and upheld by the Florida Supreme Court February 11th, will be
>> conducted after tomorrow’s election, and advise me of the time and date
>> of the random selection of the 5% of the precincts to be audited.
>> Thank you.
>> Kindra Muntz
>> President, Sarasota Alliance for Fair Elections, www.safevote.org
>> Co-Founder, Florida Voters Coalition, www.floridavoters.org
>> Member, VoteTrustUSA Leaders, www.votetrustusa.org
President, Sarasota Alliance for Fair Elections, www.safevote.org
Co-Founder, Florida Voters Coalition, www.floridavoters.org
Member, VoteTrustUSA Leaders, www.votetrustusa.org