HomeMy WebLinkAboutRes 2011-20 Establishing a Policy Regarding Cancellation of ElectionsCity of West University Place
Harris County, Texas
RESOLUTION NUMBER 2011-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS ESTABLISHING A POLICY REGARDING CANCELLATION OF
GENERAL ELECTIONS UPON DECLARATION OF UNOPPOSED CANDIDATES
ELECTED TO OFFICE
THE STATE OF TEXAS
§
COUNTY OF HARRIS
§
CITY OF WEST UNIVERSITY PLACE
§
WHEREAS, Section 2.051(a), Texas Election Code, as amended, applies to
general elections for officers of a political subdivision where no candidate's name shall
appear on a list of write-in candidates and in which each candidate for office would
appear on a ballot unopposed; and
WHEREAS, Section 2.052(a), Texas Election Code, as amended, states that the
authority responsible for having the official ballot prepared shall certify in writing that a
candidate is unopposed for election to an office if, were the election held, only the votes
cast for that candidate in the election for that office may be counted; and
WHEREAS, Section 2.053(a), Texas Election Code, as amended, states that
upon receipt of the certification that a candidate is unopposed for election to office, the
governing body of the political subdivision, by order or ordinance, may declare each
unopposed candidate elected to office; and
WHEREAS, Section 2.053(b), Texas Election Code, as amended, states that if a
declaration declaring an unopposed candidate elected to office is made, then the
general election shall not be held; and
WHEREAS, Section 5 of the United States Voting Rights Act of 1965 (the "VRA")
requires any changes affecting voting to be pre-cleared by the United States
Department of Justice (the "DOJ"); and
WHEREAS, the DOJ now deems it necessary to require that a governmental
entity preclear any and all cancellations of general elections or, in the alternative, create
a policy that cancels all uncontested elections for review by the DOJ under Section 5 of
the VRA as a recurrent practice; and
WHEREAS, the City Council of the City of West University Place, Texas (the
"City") now wishes to establish a policy for cancelling general elections that have been
certified as uncontested.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS THAT:
Section 1: Pursuant to the provisions of Section 2.051(a) of the Texas Election
Code, as amended, a general election shall not be held in the event that only one (1)
candidate's name would be placed on the ballot for each open position and no
candidate has qualified as a write-in candidate for the office of Mayor or Council
Member of the City.
Section 2: Pursuant to the provisions of Section 2.052(a) of the Texas Election
Code, as amended, if a general election is uncontested, the City Secretary shall certify
in writing to the City Council that the candidates to be listed on the ballot for the election
are unopposed.
Section 3: Pursuant to the provisions of Section 2.053(a) of the Texas Election
Code, as amended, the City Council shall declare unopposed candidates elected to
office; and
Section 4: Pursuant to Section 2.053(b) of the Texas Election Code, as
amended, the City Council shall declare all uncontested general elections, certified by
the City Secretary, canceled.
Section 5: The Mayor, City Secretary and the City's Attorney are hereby
authorized and directed to take any action necessary to carry out the provisions of this
Resolution.
SSED, APPROVED AND ADOPTED this the JE~f day of./Z6,*d"~ (2011.
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City Secretary
Recommended:
City Manager
Approved as to legal for :
City Attorney
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