Title
Resolution - A Resolution of the City Council of the City of Mansfield, Texas, Stating and Accepting the Results of a Local Option Petition for an Election to be Held to Consider Legalization of the Legal Sale of All Alcoholic Beverages for Off-Premise Consumption Only; Finding that the Meeting at Which this Resolution is Passed is Open to the Public as Required by Law; and Declaring an Effective Date
Requested Action
Consider the Council accept the findings of the petition and approve the attached resolution.
Recommendation
Consider the Council accept the findings of the petition and approve the attached resolution.
Description/History
The City Secretary's Office received an Application for Local Option Election Petition to Legalize on April 29, 2024 with the required qualifying signatures to receive petitions. The measure listed was 'the legal sale of all alcoholic beverages for off-premise consumption only'. The application also included all other required documentation in accordance with Section 501.023 and 501.025 of the Texas Election Code. The City Secretary's Office issued the required petition forms to the applicant on May 2, 2024.
Pursuant to Texas Election Code (TEC) Chapter 501; Section 501.032, the total number of valid signatures required for the petition to be sufficient is equal to or greater than 35% of the registered voters in the political subdivision who voted for governor in the most recent gubernatorial election. Based on the calculations provided by the Tarrant, Johnson and Ellis County Election Administrators, 9,109 Mansfield registered voter's signatures are required. The completed petitions filing deadline was July 1, 2024, the completed petitions were filed with the City Secretary on July 1, 2024.
The City of Mansfield entered into an agreement with Tarrant County Elections to verify the signatures on the petitions submitted. Tarrant County Elections has access to the State Database of Texas Registered voters but also the expertise to verify the signatures. Upon completion Tarrant County submitted the following findings:
• A total of 14,830 signatures were submitted
• 8,788 signatures were accepted and verified
• 6,042 signatures were rejected
• 9,109 signatures were needed to be accepted and cause a Local Option Election to be ordered
The City Secretary received an appeal from the applicant regarding Tarrant County Elections findings. It was requested that the City Secretary review approximately 350 signatures rejected by Tarrant County Elections for missing the signature date or having the incorrect date.
Based on the direction provided by the City Attorney and case law regarding this subject matter, the City Secretary moved forward with the verification and accepted 334 additional signatures.
Combining the signatures accepted and verified by Tarrant County Elections and those accepted and verified by the City Secretary it is the opinion of the City Secretary that the required number of signatures were accepted and verified to cause a local option election to be ordered. The total number of signatures accepted and verified were 9,122.
Upon acceptance of valid petitions calling for the city council to order a local option election, the city council must order an election to be held at its next regular city council meeting. Section 3.005 (c) of the Texas Election Code requires the city to order an election no later than the 78th day before the uniform election date. The next uniform election date is November 5, 2024.
Justification
N/A
Funding Source
N/A
Prepared By
Susana Marin, City Secretary, TRMC
817-276-4203