Title
Consideration of and action on acceptance of Certificate of Unopposed Candidates and consider ordinance declaring Unopposed Candidates in the May 3, 2025 General City Election be Elected to Office; and Cancelling the General Election; and allowing for continuation of election items pertaining to running an election be retained for the Special Election for Fire & Crime districts being held on May 3, 2025.
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Summary:
Both the application for place on the ballot and the write-in deadlines have passed with no additional candidates signing up for Mayor, Council Position 1, 2 & 3. Therefore, the Certification of Unopposed Candidates is submitted to City Council along with the ordinance cancelling the May 3, 2025, General Election however the Joint Election Agreement with Fire & Crime District for the Special Election on Sales Tax Renewal for May 3, 2025, will still be held. The attached ordinance has been approved by City Attorney Fox.
Certification - In order to begin the process of cancelling an election, the authority responsible for having the ballot prepared in an election must certify, in writing, that a candidate is unopposed in an election for office. That certification must be delivered to the governing body of the political subdivision as soon as possible after the filing deadlines for applications for a place on the ballot AND write-in candidate declarations.
Action Following Certification - Upon receiving the certification that candidates are unopposed, the governing body of the political subdivision must, by order or ordinance, declare the unopposed candidates elected. This must occur at a meeting of the governing body subject to the Texas Open Meetings Act. If the candidates are declared elected, the GENERAL election is not held. The governing body must notify the public by posting a copy of the order or ordinance that declared the unopposed candidates elected at each polling place that would have been used in the election. We also recommend posting the order or ordinance on the entity’s website.
If there is a separate election being held at the same time as a cancelled election, the unopposed candidates must be listed on the ballot for that separate election under the heading “Unopposed Candidates Declared Elected”. The candidates shall be grouped in the same relative order prescribed for the ballot generally. No votes are cast in connection with the candidates. Since we will be holding a Special Election for Fire & Crime this will occur.
NEW LAW: Senate Bill 1 amended Section 2.053 of the Code to provide that a governing body of a political subdivision must cancel an election if presented with proper certification of unopposed status by the filing authority.
After the Cancelled Election - Unopposed candidates who are declared elected are issued certificates of election in the same manner as candidates who are elected. Additionally, unopposed candidates who are declared elected MUST qualify for office in the same manner as candidates who are elected-meaning that unopposed candidates must take an oath of office. An unopposed candidate who is declared elected may not qualify for office until after the regular canvass takes place (or would have taken place). These actions will occur at the May 6, 2025, city council meeting.
Because of Fire & Crime Special Election
On Feb 4, 2025, Council approved a Joint Election Agreement with Fire Control Prevention and Emergency Management Services District and the Crime Control and Prevention District to run their Special election for Sales Tax Renewal on May 3, 2025. The Fire & Crime Districts approved the agreement and ordered their Special Election at their respective meetings on February 3, 2025.
City Council passed Ordinance 4599, on Feb 4, 2025, calling for a General Election for May 3, 2025, establishing the 12-hour voting days, polling place locations, appointing early voting clerk, name the election judges, granting authority to election judge and/or early voting clerk to appoint early voting ballot board judges and clerk; providing for judges and clerks compensation, since the General Election is cancelled, the items listed in this ordinance under Section 3 will continue to apply to the Special Election that the Fire & Crime districts called for May 3, 2025, as Ordinance 4599 was part of the Joint Election Agreement approved by all three parties.
Fiscal/Budgetary Impact:
N/A.
Recommended action
Accept the Certification of Unopposed Candidates and approve the ordinance cancelling the General Election for May 3, 2025, and allowing for continuation of election items pertaining to running an election be retained for the Special Election for Fire & Crime districts being held on May 3, 2025.