Loading...
10-Canvassing the returns for the Regular Municipal Election CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 05/16/11 Council Date: City Council Mayor Biard 10. 05/23/11 RECOMMENDED MOTION: Move to approve a Resolution canvassing the returns for the Regular Municipal Election held on May 14, 2011, for Council Districts 4 and 7, declaring the winner in said election, and acknowledging the result of prior Council action declaring that the candidate in Council District 5 as elected to office as a result of having been unopposed for election to office; and ordering a Runoff Election for the purpose of electing a Council Member to District 7. POLICY ISSUES): Election procedures BACKGROUND: On April 11, 2011 by ordinance number 2011-007 and pursuant to V.T.C.A. Election Code Section 2.053, City Council declared an unopposed candidate in City Council District 5. Matt Frierson is elected to office as Council Member for District 5. A general election was held in the City of Paris, Texas, on May 14, 2011, for the purpose of electing a Council Member in District 4 and a Council Member in District 7. In District 4, Richard Grossnickle received 44 votes during early voting, 19 votes on election day, totaling 63 votes; Robert Zimmerman received 10 votes during early voting, 7 votes on election day, totaling 17 votes; and Jeff Higgins received 21 votes during early voting, 19 votes on election day, totaling 40 votes. Richard Grossnickle is declared the winner in District 4. In District 7, Kenneth E. Kohls received 87 votes during early voting, 76 votes on election day, totaling 163 votes; Rhonda Rogers received 144 votes during early voting, 98 votes on election day, totaling 242 votes; and A.J. Hashmi received 170 votes during early voting, 114 votes on election day, totaling 284 votes. No candidate in District 7 received more than fifty (50) percent of the votes cast in that district. Pursuant to Section 97 of the Paris City Charter, a runoff election will be held on Saturday, June 18, 2011 for the purpose of electing one Council Member to District 7. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution and unofficial tabulation ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ® Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance YTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: City of Paris Revised 2/04/08 41 REVIEWED AND APPROVED BY: ® Administration ® City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court ® Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 42 r> i 43 DRAFT :/attorney/election/resolution canvassing election & calling a runoff election RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CANVASSING THE RETURNS FOR THE MAY 14, 2011, GENERAL ELECTION FOR COUNCIL DISTRICTS 4 AND 7; DECLARING THE WINNERS IN SAID ELECTION; ACKNOWLEDGING THE RESULTS OF PRIOR COUNCIL ACTION DECLARING THE UNOPPOSED CANDIDATE FOR DISTRICT 5 ELECTED TO OFFICE; ORDERING A RUNOFF ELECTION FOR THE PURPOSE OF ELECTING A COUNCIL MEMBER TO DISTRICT 7; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 24, 2011, by Resolution No. 2011-003, the City Council of the City of Paris ordered the regular municipal election for the City of Paris to be held on May 14, 2011, by the qualified voters in Districts 4, 5, and 7 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 candidate for election as City Council Member for District 5 was unopposed for election to office with no write-in candidates being declared; and, WHEREAS, on April 11, 2011, the City Council of the City of Paris, Texas, enacted Ordinance No. 2011-007, pursuant to the authority granted under Section 2.053 Texas Election Code, and declared Matt Frierson the unopposed candidate from Districts elected to office and cancelled the election for District 5; 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 City 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 4 and 7 and early voting was conducted at the Lamar County Courthouse Annex, of the City of Paris, Texas; and, WHEREAS, on May 14, 2011, pursuant to Resolution No. 2011-003, the general election was held by the qualified voters of Districts 4 and 7 of the City of Paris, Texas, for the purpose of electing a person to serve as City Council Member for City Council Districts 4 and 7 for the ensuing two (2) years; and, WHEREAS, Richard Grossnickle was the candidate receiving the majority of the votes cast at the regular election for Council District 4; and 1 44 WHEREAS, no candidate received more than fifty (50) percent of the votes cast in City Council District 7, therefore a runoff election will be held on June 18, 2011 for City Council District 7; and WHEREAS, sealed returns of said election for Districts 4 and 7, 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 4 and 7 a total of 809 votes were cast for candidates for Council Member positions as follows: (1) IN COUNCIL DISTRICT 4, A TOTAL OF 120 VOTES WERE CAST FOR COUNCIL MEMBER FROM DISTRICT 4 AS FOLLOWS: Early Voting Election Dav Total Richard Grossnickle 44 19 63 Robert 0. Zimmerman 10 7 17 Jeff Higgins 21 19 40 (2) IN COUNCIL DISTRICT 7, A TOTAL OF 689 VOTES WERE CAST FOR COUNCIL MEMBER FROM DISTRICT 7 AS FOLLOWS: Early Voting Election Dav Total Kenneth E. Kohls 87 76 163 Rhonda Rogers 144 98 242 A.J. Hashmi 170 114 284 Section 3. That, from the above and foregoing canvass of the returns of the votes in City Council District 4 for the respective voting box in such election, it is declared and determined that Richard Grossnickle is the person receiving the majority number of votes cast at such election for Council Member from District 4 and is therefore elected to serve as 2 45 a Council Member from District 4 and a member of the City Council of the City of Paris for the next ensuing two (2) years. Section 4. That in accordance with Ordinance No. 2011-007 (which, in compliance with state law and the certification of the City Clerk, declared the unopposed candidate elected to office for Council District 5), 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 5 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 5 - Matt Frierson. Section 5. That a runoff election, in accordance with Section 97 of the City Charter, will be held on Saturday, June 18, 2011, for the purpose of electing one Council Member from District Seven by the qualified voters of District 7 of the City of Paris. The polling place designated for election day is Ramseur Baptist Church, 3400 Lamar Avenue, Paris, Texas. The polling location shall be open from 7:00 a.m. 7:00 p.m. the date of the election. The election will be conducted in accordance with the Contract for Election Services attached hereto as Exhibit "A." A drawing for the placement of the names on the ballot was conducted on May 18, 2011 and is attached hereto as Exhibit "B." Section 6. That early voting by personal appearance by any qualified City of Paris District 7 resident may be conducted at the Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Early voting by personal appearance for the June 18, 2011 Runoff Election will be conducted by the Lamar County Elections Administrator beginning on Monday, June 6, 2011 and continue through Tuesday, June 14, 2011, during normal business hours of 8:00 a.m. until 5:00 p.m. except on June 6, 2011 and June 7, 2011, when the hours will be from 8:00 a.m. to 8:00 p.m. Section 7. That applications for early voting ballot by mail shall be mailed to: Russ Towers, Early Voting Clerk, Lamar County Elections Administrator, Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. Section 8. That in accordance with Section 123.001 of the Texas Election Code, the Election Systems & Software direct recording electronic voting systems approved by the Secretary of State are hereby adopted for the runoff election on June 18, 2011. Section 9. That pursuant to the Contract for Election Services, the Lamar County Elections Administrator shall serve as Election Administrator for the election. Presiding Election Judges and Alternate Presiding Election judges appointed to serve at said polling places shall be those election officials appointed by the Elections Administrator. Section 10. That in compliance with Section 271.006 of the Texas Election Code, Russ Towers, Lamar County Elections Administrator, will be appointed as Early Voting Clerk. Other deputy early voting clerks will be appointed as needed to process early voting mail and to conduct early voting by personal appearance at the Early Voting Polling Place, Lamar County Courthouse Annex, 231 Lamar Avenue, Paris, Texas. 3 46 Section 11. That an Early Voting Ballot Board shall be created to process early voting results in accordance with Section 87.007 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Contract for Election Services. Section 12. That such election shall be held in accordance with the laws of the State of Texas governing general and municipal elections, insofar as the same may be applicable, and with the provisions of the City Charter and Ordinances of the City of Paris, wherein said Charter and ordinances do not conflict with state law and the above-described Order. Section 13. That the City Clerk of the City of Paris is hereby directed and instructed to cause the posting of a properly executed Notice of Election pursuant to this order of election, signed by the Mayor of the City of Paris and attested by the City Clerk, on the bulletin board in the City Clerk's Office, on the board provided for notices at the City Hall door, at the polling place designated above, which is within the district in which the election is to be held, not later than the fifteenth (15th) day before election day; further, a properly executed copy of such Notice of Election shall be published at least one time not earlier than the thirtieth (30th) day nor later than the tenth (10th) day before election day in at least one (1) daily newspaper published in the City of Paris, and a copy of the notice shall be filed with the City Clerk of the City of Paris, together with the posting officer's return and the newspaper certificate of publication. Section 14. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED by the City Council of the City of Paris in regular meeting, at the City Hall of said City, on this 23rd day of May, 2011. Will Biard, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney 4 47