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HomeMy WebLinkAbout1042 01-08-1991ORDINANCE NO. 1042 AN ORDINANCE PROVIDING FOR DECLARATION OF WRITE -IN CANDIDACY FOR ELECTION TO OFFICE OF MAYOR OR CITY COUNCILPERSON; PROVIDING FOR THE FORM AND FILING THEREOF; PROVIDING A DEADLINE FOR THE FILING THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the Texas Election Code requires a write -in candidate to declare his candidacy for state, county and school district offices, but provides no such requirement for city offices; and WHEREAS, the Texas Election Code further authorizes, pursuant to opinion of the Texas Secretary of State, that cities through ordinances may impose a like requirement for declaration of write -in candidacy and the particulars thereof; and WHEREAS, to assure the availability of using write -in candidacies to the electorate of the City of Euless and to further assure consistency of write -in candidacies for city offices as with state, county and school offices, it is the desire of the City Council of the City of Euless, Texas, to adopt an ordinance providing therefor. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. A write -in vote for the office of mayor or city council of the City of Euless, Texas, may not be counted unless the name written in appears on the list of write -in candidates provided for herein. II. (a) To be entitled to a place on the list of write -in candidates, a candidate must make a declaration of write -in candidacy. (b) A declaration of write -in candidacy must satisfy the requirements prescribed in Article VIII. hereof. (c) A declaration of write -in candidacy is public information immediately upon its filing as herein provided for. III. A declaration of write -in candidacy must be filed with the city secretary of the City of Euless, Texas. IV. (a) A declaration of write -in candidacy must be filed not later than 5:00 p.m. of the thirtieth (30th) day before the election called for such office. (b) A declaration of write -in candidacy by mail is considered to be filed at the time of its receipt by the city secretary. V. (a) As soon as reasonably practicable following the filing deadline as herein provided, the city secretary shall certify a list of the names of each candidate who has appropriately filed with the city secretary a declaration that complies with Article VIII. hereof. (b) Each name shall be certified in the form indicated on the candidate's declaration of write -in candidacy subject to the provisions of Subchapter B, of Chapter 52, same being Section 52.031, et seq. of the Texas Election Code. VI. A write -in candidate may not be certified for placement on the list of write -in candidates if: (i) the information on the candidate's declaration of write -in candidacy indicates that the candidate is ineligible for the office; (ii) facts indicating that the candidate is ineligible is conclusively established by another public record; or (iii) the candidate is determined ineligible by a final judgment of a court. VII. (a) The city secretary shall distribute copies of the certified list of eligible write -in candidates to the counting officers in the election for use in counting write -in votes. (b) Copies of the list, as certified by the city secretary, shall also be distributed to each presiding election judge with other election supplies. A copy bf the list of certified write -in candidates shall also be posted in each polling place at each place where an instruction poster is required to be posted. VIII. The declaration of write -in candidacy shall be in substantially the following form: "I, , do hereby declare that I am a write -in candidate for the office of and request my name be certified for placement on the list of authorized write -in candidates for such office in the next city general election (or special election should such candidacy be to fill a vacancy in office). ORDINANCE NO. 1042 DECLARATION OF WRITE -IN CANDIDACY ORDINANCE Page 2 "I am a citizen of the United States of America, a qualified voter of the State of Texas, have resided continuously within the State of Texas for twelve (12) months and in the City of Euless, Texas, for six (6) months immediately preceding such election. "I presently reside at Street in the City of Euless, Texas, which address is my permanent residence. "My mailing address, if different from my residence address, is: "If employed, my occupation is: My date of birth is: "My voter registration certificate number is: "My telephone numbers (optional) are: home: business: " STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this date personally appeared who being by me here and now duly sworn, upon oath says: "I, , of County, Texas, being a candidate for the office of , swear that I will support and defend the Constitution and laws of the United States and of the State of Texas. I am a citizen of the United States eligible to hold such office under the Constitution and laws of the state. I have not been declared mentally incompetent as determined by final judgment of a court, nor have I been finally convicted of a felony for which I have not been pardoned or had my full rights of citizenship restored by other official action. I am aware of the nepotism law, Article 5996a through 59968 of the Texas Revised Civil Statutes. I further swear that the foregoing statements included in my application are in all things true and correct." (Signature of Candidate) SWORN TO AND SUBSCRIBED BEFORE ME at , this the day of , 19 NOTARY PUBLIC IN AND FOR TARRANT COUNTY, TEXAS ORDINANCE NO. 1042 DECLARATION OF WRITE -IN CANDIDACY ORDINANCE Page 3 Received by: City Secretary Date and hour of filing: IX. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. X. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 11thday of December 1990; by a vote of 4 ayes, 4 nays, and 0 abstentions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City Council on the 8th day of January 1991; by a vote of 4 ayes, 0 nays, and 0 abstentions. APPROVED: 14arold Samuels, Mayor ATTEST: Susan Crim, City Secretary ;Xl�nd, AS TO R B City Attorney MRM:018_41,r.(nsl:121290 ORDINANCE NO. 1042 DECLARATION OF WRITE —IN CANDIDACY ORDINANCE Page 4