04-Deliberate and act on a resolution canvassing the returns for the Regular Municipal Election held on 05/08/2010CITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
OS/10/10
Council Date:
City Council
Mayor Freelen
4•
OS/18/10
RECOMMENDED MOTION:
Move to approve a Resolution canvassing the returns for the Regular Municipal Election held on May 8,
2010, for Council Districts 2 and 6, declaring the winner in said election, and acknowledging the result
of prior Council action declaring candidates as elected to office for Council Districts 1 and 3 as a result
of having been unopposed for election to office.
POLICY ISSUE(S):
Election procedures
BACKGROUND:
On April 12, 2010 by ordinance number 2010-013 and pursuant to V.T.C.A. Election Code Section
2.053, City Council declared unopposed candidates in City Council Districts 1 and 3. Joe McCarthy is
elected to office as Council Member for District 1 and John Wright is elected to office as Council
Member for District 3.
A general election was held in the City of Paris, Texas, on May 8, 2010, for the purpose of electing a
Council Member in District 2 and a Council Member in District 6.
In District 2, Kevin Kear received 3 votes during early voting, 2 votes on election day, totaling 5 votes;
Jason Rogers received received 15 votes during early voting, 20 votes on election day, totaling 35 votes;
and Jackie Stinson received 5 votes during early voting, 2 votes on election day, totaling 7 votes. Jason
Rogers is declared the winner in District 2
In District 6, John Petersen received 12 votes during early voting, 6 votes on election day, totaling 18
votes; and Edwin Pickle received 38 votes during early voting, 42 votes on election day, totaling 80
votes. Edwin Pickle is declared the winner in District 6.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution and unofficial tabulation
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report Z Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
y'TD Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities
City of Paris Revised 2/04/08
1
DRAFT
RESOLUTION NO.
attorney\reswork\current\Election Canvas Res 1,2,3&6 2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
CANVASSING THE RETURNS FOR THE MAY 8, 2010, GENERAL ELECTION
FOR COUNCIL DISTRICTS 2 AND 6; DECLARING THE WINNERS IN SAID
ELECTION; ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL ACTION
DECLARING CANDIDATES AS ELECTED TO OFFICE FOR COUNCIL
DISTRICTS 1 AND 3 AS A RESULT OF HAVING BEEN UNOPPOSED FOR
ELECTION TO OFFICE; DECLARING THE TERMS OF OFFICE FOR THE
AFORESAID CANDIDATES; MAKING OTHER FIIVDIIVGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Texas, did heretofore, on the 25th
day of January, 2010, by Resolution No. 2010-008, order the regular municipal election for
the City of Paris to be held on the 8th day of May, 2010, by the qualified voters in Districts 2
and 6 of the City of Paris, for the purpose of electing City Council Members from said
Districts; and,
WHEREAS, the City Clerk, being the authority responsible for having the official
ballot prepared, has previously certified, in writing, that the candidates for election as City
Council Members for Districts 1 and 3 were unopposed for election to office with no
write-in candidates being declared and there were no propositions to appear on the ballot;
and,
WHEREAS, on April 12, 2010, the City Council of the City of Paris, Texas, by prior
Ordinance No. 2010-013 did, pursuant to the authority granted in V.T.C.A. Election Code,
Section 2.053, deem it appropriate that the candidate for election as City Council Members
for District 1 and 3 be declared elected to office and that no election should be held in those
Districts; and,
WHEREAS, as a consequence of said Ordinance No. 2010-013, the candidate for
District 1, the same being Joe McCarthy and the candidate for District 3, the same being
John Wright, were declared elected to office; and,
WHEREAS, pursuant to prior Resolution No. 2010-008, an election was held by the
qualified voters of Districts 2 and 6 of the City of Paris, Texas, on the 8th day of May, 2010,
for the purpose of voting for and electing a Council Person to serve as a member of the City
Council from the aforesaid Districts 2 and 6 for the ensuing two (2) years; and,
WHEREAS, as required by order of the District Court of the United States for the
Eastern District of Texas, Paris Division, in Civil Action No. P-75-3-CA, and as provided in
the Charter of the City of Paris and the laws of the State of Texas, such election was
conducted and held at the specified and designated polling places for Districts 2 and 6 and
early voting of the City of Paris, Texas; and,
. ~
WHEREAS, sealed returns of said election for Districts 2 and 6, made by the duly
appointed and designated election officials of and for the respective voting box, having
been made to the Mayor and City Council of the City of Paris, as required by law, which
returns after due and deliberate review and canvass thereof, show the results as
summarized herein;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby
in all things approved.
Section 2. That in Council Districts 2 and 6 a total of 145 votes were cast for
candidates for Council Member positions as follows:
(1) IN COUNCIL DISTRICT 2, A TOTAL OF 47 VOTES WERE CAST FOR COUNCIL
MEMBER FROM DISTRICT 2 AS FOLLOWS:
Early
Votin~ District Total
Kevin Kear
3
2
5
Jason Rogers
15
20
35
Jackie Stinson
5
2
7
Total Votes
23
24
47
(2) IN COUNCIL DISTRICT 6, A TOTAL OF
98 VOTES WERE CAST FOR COUNCIL
MEMBER FROM DISTRICT 6 AS FOLLOWS:
Early
Votin
District
Total
John Petersen
12
6
18
Edwin Pickle
38
42
80
Total Votes
50
48
98
Section 3. That, from the above and foregoing canvass of the returns of the votes
in Council Member District 2 and 6 for the respective voting box in such election, it is
declared and determined that Jason Rogers is the person receiving the highest number of
votes of the votes cast at such election for Council Member from District 2 and is therefore
elected to serve as a Council Member from District 2 and a member of the City Council of
the City of Paris for the next ensuing two (2) years.
2
3
Section 4. That, from the above and foregoing canvass of the returns of the votes
in Council Member Districts 2 and 6 for the respective voting box in such election, it is
declared and determined that Edwin Pickle is the person receiving the highest number of
votes of the votes cast at such election for Council Member from District 6 and is therefore
elected to serve as a Council Member from District 6 and a member of the City Council of
the City of Paris for the next ensuing two (2) years.
Section S. That, in accordance with Ordinance No. 2010-013 (which, in
compliance with state law and the certification of the City Clerk, declared elected to office
the candidate for Council District 1), the following council Member has heretofore been
previously declared elected to office, certified as having been authorized to serve in said
position, and is hereby designated as Council Member for District 1 in accordance with
state law for the next ensuing two (2) years, such term to begin immediately following the
adoption of this resolution as follows: Council Member from District 1- Joe McCarthy.
Section 6. That, in accordance with Ordinance No. 2010-013 (which, in
compliance with state law and the certification of the City Clerk, declared elected to office
the candidate for Council District 3), the following council Member has heretofore been
previously declared elected to office, certified as having been authorized to serve in said
position, and is hereby designated as Council Member for District 3 in accordance with
state law for the next ensuing two (2) years, such term to begin immediately following the
adoption of this resolution as follows: Council Member from District 3- John Wright.
Section 7. That the aforesaid action in canvassing the returns and declaring the
results and recognizing the prior declarations of election to office of the aforementioned
Council Members shall be and is hereby conditioned upon the aforesaid candidates
otherwise complying with all the requirements of State law and the City Charter, following
the administration of any and all necessary oaths and other requirements as shall be
specified by City Charter or State law.
Section B. That this resolution shall be effective from and after its date of passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Paris in
regular session convened pursuant to the directions of the Election Code of the State of
Texas and the Open Meetings Act of the State of Texas, this 18th day of May, 2010.
Mayor
ATTEST:
Janice Ellis, City Clerk
3
~
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
5
Unofficial Tabulation
City of Paris
General Election
May 8, 2010
District/Name Earlv Voting Election Dav Total
District No. 2
Kevin Kear
Jason Rogers
Jackie Stinson
District No. 6
John Petersen
Edwin Pickle
Total Voter Turnout
3
2
5
15
20
35
5
2
7
12
6
18
38
42
80
73
72
145
This is an Unofficial Tabulation of the Election Results. Should there be any provisional votes,
the Voter Registrar has three days to review the provisional ballots and determine whether they
will be accepted or rejected. The provisional ballots will be returned to the Early Voting Ballot
Board, who will then meet to count or not count (depending on the Voter Registrar's disposition)
the ballots. The presiding judge of the early voting ballot board shall make a new return sheet of
the votes.
The Official Canvass of the election will be conducted at a Special City Council meeting, Tuesday,
May 18, 2010, at 5:30 p.m. at the City Council Chamber, 107 E. Kaufman, Paris, Texas.
6