File #: 20-3406    Version: 1 Name: Discussion and Possible Action Regarding a Special Election to Fill a Vacancy
Type: Discussion Item Status: Passed
File created: 1/3/2020 In control: City Council
On agenda: 1/13/2020 Final action: 1/13/2020
Title: Discussion and Possible Action Regarding a Special Election to Fill a Vacancy
Sponsors: City Council

Title

Discussion and Possible Action Regarding a Special Election to Fill a Vacancy

 

Requested Action

Defer to the Council.

 

Recommendation

Defer to the Council.

 

Description/History

At the regular City Council Meeting of Monday, December 9, 2019 Mayor Cook announced his filing to run for House of Representatives District 96.  A vacancy occurred immediately upon his announcement.

 

Pursuant to Texas Constitution Art. XI Sec. 11 (c) Any vacancy or vacancies occuring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur except that the municipality may provide by charter or charter amendment the procedure for filling a vacancy occuring on its governing body for an unexpired term of 12 months or less. 

 

Pursuant to Texas Election Code Ch. 41 Sec. 41.001. (c) (a) (2) an election may not be held within 30 days before or after the date of the general election for state and county officers, general primary election, or runoff primary election. 

 

This year a Primary Election will be held on March 3, 2020.  The City Council would be permitted to call a Special Election to fill a vacancy for any day between April 3, 2020 to April 7, 2020. 

 

The city will be conducting a General Election on May 2, 2020 for Place 6 and Place 7. 

 

Staff is seeking guidance on which day to choose to hold the Special Election.

 

Justification

State Law requires the Governing Body of a Political Subdivision to call a Special Election to fill a vacancy.

 

Funding Source

General Fund

 

Prepared By

Susana Marin, TRMC, City Secretary

817-276-4203