HomeMy WebLinkAboutRES 110811-AA - Change Gen Election DateRESOLUTION NO. I 1
A RESOLUTION OF THE CITY OF GEORGETOWN, TEXAS, MAKING THE
FOLLOWING CHANGES TO THE CITY'S GENERAL ELECTION PURSUANT
TO SENATE BILL 100, EIGHTY-SECOND REGULAR LEGISLATURE: TO
CHANGE THE CITY'S ANNUAL UNIFORM ELECTION DATE FROM MAY
TO THE NOVEMBER COMMENCING IN 2013; TO PROVIDE HOLDOVER
FOR COUNCIL DISTRICTS AFFECTED BY THE CHANGE IN UNIFORM
ELECTION DAY; TO PROVIDE THAT SAID CHANGE SHALL ONLY OCCUR
IF THE CHANGE IS RATIFIED BY A MAJORITY OF THE VOTERS; TO
PROVIDE THAT IF THE VOTERS DO NOT RATIFY THE CHANGE THE
CITY'S GENERAL ELECTION WILL CONTINUE TO BE HELD IN MAY;
PROVIDING FOR SEVERABILITY.
WHEREAS, the federal Help America Vote Act of 2002 (HAVA), found in 42 U.S.C. §
15481(a)(3), mandates that — for elections in which a federal office is on the ballot — each
polling place must be equipped with an electronic voting machine to facilitate voting by
those with disabilities; and
WHEREAS, the Texas Legislature implemented HAVA in the 2003 regular session with
the passage of House Bill 1549, but expanded the scope of the electronic voting machine
requirement to apply to any election held in the state, with limited exceptions; and
WHEREAS, the federal Military and Overseas Voter Act of 2009 (MOVE Act) found in
42 U.S.C. § 1973ff-1, provides for an extended timetable in which absentee ballots be
transmitted to uniformed and overseas citizens at Least 45 days prior to an election; and
WHEREAS, the Texas Legislature implemented the MOVF Act in 2011 with the passage
of Senate Bill 100, which overlaid the period between the state's primary and primary
runoff election upon the most commonly -used uniform election date for the municipal
general election, which is the second Saturday in May; and
WHEREAS, the City of Georgetown currently holds its general election on the uniform
election date on the second Saturday in May; and
WHEREAS, pursuant to Senate Bill 100 and other statutory and state constitutional
provisions, the City of Georgetown is — through the adoption of this resolution and any
other necessary means — modifying its election procedures; and
WHEREAS, the City Council of the City of Georgetown believes it is in the best interest
of the City, its citizens, and the pursuit of democracy to pass such a resolution because
changing the general election date will increase voter participation.
1
NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
1. Under the authority of SB 100, commencing in 2013, the City of Georgetown
general elections shall be held on the state uniform election date in November.
2. Under the authority of SB 100, the City of Georgetown Council Members
currently serving for Districts 3, 4, and 7 shall holdover until the November 2013
general election and successors take office the City of Georgetown council
members currently serving as Mayor and for Districts 2 and 6 shall holdover until
November 2014 general election and successors take office and the City of
Georgetown council members elected in May 2012 for Districts 1 and 5 shall
holdover until November 2015 general election and successors take office.
Said change shall only occur if the change is ratified by a majority of the voters.
If the voters do not ratify the change the city's general election will continue to be
held in May.
4. Should any section or part of this resolution be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or
ineffectiveness of such section or part shall in no way affect, impair, or invalidate
the remaining portion or portions thereof; but as to such remaining portion or
portions, the same shall be and remain in full force and effect and to this end the
provisions of this resolution are declared to be severable.
•
PASSED AND APPROVED this 9' day of
Geor_e arver, Mayor
ATTEST:
ica Brettle, City Secretary
APPROVED AS TO FORM:
Bridget Chap `nan, A'tfng City A`torney
Kelo
vv1 2011.