Baugh Disqualifies Herself from SOE Canvassing Board

BRADENTON – On Tuesday, Manatee County Commissioner and board chair Vanessa Baugh was forced to step down from her role on the school board special election canvassing board due to a violation of a state statute that governs serving canvassing board members’ actions and responsibilities.

Baugh’s disqualification arose from a publicly shared Facebook video message she produced urging residents to "vote no" in the upcoming election. In the video, Baugh introduces herself as Vanessa Baugh County Commission District 5 before telling voters, "You are all going to be asked to vote in favor of a millage increase for the school board.“ Her message continued, "I think it is time we all work together for the betterment of the good. We have enough there to survive without this additional increase." Baugh tells voters she will be voting in opposition of the school board millage referendum and concluded the video by telling voters to, "Vote no, vote no.“

Florida statute 102.141 describes actions and activities that would disqualify a canvassing board's statutory member. While the statute’s language is not specific to referendum or non-candidate elections, it appears from historic opinions of the department of state "an active participant" is defined by the modifier "active" and includes any canvassing board member who actively participates in support or opposition of any candidate or election.

County canvassing board duties include testing of voting equipment, canvassing of vote-by-mail ballots, post-election voting system audits, and certification of election results. A canvassing board is comprised of three permanent members and two alternates. The members are set by state statute and include a county judge appointed by the chief circuit judge; the supervisor of elections; and the chair of the board of county commissioners. The two alternates–who serve as "back-up" for any member who may be temporarily unable to serve or attend a canvassing board meeting–are appointed; one by the county commission chair, and the other by the county judge.

Manatee County's Supervisor of Elections Michael Bennet confirmed Baugh stepped down under disqualification in relation to the publicly shared video in which Baugh appears to speak in her official capacity as a county commissioner. "I informed Commissioner Baugh that her video and post went against statutes governing the canvassing board and that canvassing board members cannot do that,“ Bennett said.

As the county's Supervisor of Elections, Bennett also added broadly, "Myself and the Supervisor of Elections staff are fanatics about staying neutral. It is not permitted for employees to speak publicly any which wayÉ we make sure that we don’t allow anyone to participate along those lines. When representing the office, or when working in an official capacity, it is incredibly important to me that Manatee residents know that our elections are conducted fairly and without prejudice. It is important to me to assure all eligible voters have access to the ballot box and that they are free to vote based on their own judgments, and not under any pressure or influence to vote any particular way."

In an email response to The Bradenton Times, Baugh chose not to respond directly to questions about the video or whether she was aware it might violate laws governing canvassing board member actions. Instead, she offered a short statement, "I felt the school referendum was important enough for me to step away from the canvassing board."

As the serving county commission chair, Baugh joined Manatee Supervisor of Elections Michael Bennett as well asJudge Heather Doyle on the canvassing board. County Commissioner George Kruse was appointed as Baugh's alternate late last year when other commissioner committee assignments were made. An alternate on the canvassing board serves a two-year term, and at the time of his appointment, three of the seven commissioners would be ineligible to serve as an alternate in the 2022 election due to anticipation of their names being on that upcoming year's ballot.

When asked who would be serving as her substitute on the canvassing board Baugh responded, "Commissioner George Kruse has been the alternate on the canvassing board since January, therefore it goes to him now.“

However, if one of the permanent members of a county canvassing board is disqualified, the vacancy must be filled with a substitute member appointed in accordance with Florida Statutes.

The 2020 FSASE Canvassing Board Manual outlines that in an instance where the chair of the board of county commissioners is unable to serve, the Board of County Commissioners shall appoint as a substitute another member of the board of county commissioners.

In a 2015 department of state opinion to Flagler County Board of County Commissioners on a somewhat related matter of disqualification of a statutory canvassing board member, the director of state division of elections wrote, "The Division emphasizes the distinction between a substitute member of the canvassing board and an alternate member. A substitute member permanently replaces a statutory member; by contrast, the alternate member serves as "back-up" for any statutory or substitute member who may be unable to serve for a temporary period or during a portion of a board meeting." Additionally, the state wrote, "There are three permanent members of a county canvassing boardÉ If one of those members is disqualified, the vacancy must be filled permanently with a substitute member appointed in accordance with section 102.141 (1 )(a) - (d), Florida Statutes."

According to Florida Statute 102.141 (1)(c) "If the chair of the board of county commissioners is unable to serve or is disqualified, the board of county commissioners shall appoint as a substitute member one of its membersÉ"

District 2 Commissioner Reggie Bellamy (D) is the only current commissioner who has previously served on any canvassing board. When asked whether there were any disqualifications that precluded the only commissioner with previous experience being considered to serve as her substitute Baugh explained, "There was no problem with Commissioner Bellamy whatsoever. The only situation is that George Kruse has been the alternate on the canvassing board since January. It could be that Commissioner Bellamy may end up helping out which would be fine with me. There was no selecting or not selecting, it was purely from the standpoint that Commissioner Kruse was already the alternate."

If, in fact, the BOCC must vote for a permanent substitute for Baugh, and Kruse must remain as the alternate, then the only two qualified commissioners who will not be up for reelection in 2022 are Kevin Van Ostenbridge and James Satcher.

In the special election set for November 2, voters will be asked to decide on extending the temporary 1-millage point school property tax that was passed by voters in 2018. Early voting will take place at the Manatee Supervisor of Elections office from Saturday, October 23 through Saturday, October 30. On November 2, registered voters may submit their votes at their assigned precincts. The first meeting of the canvassing board is scheduled for Wednesday, October 14.