From
Cathy DiMaggio
Title
Ordinance cancelling the May 2, 2020 General Election and Declaring Unopposed Candidates Elected
Presenter
Cathy DiMaggio, City Secretary
Recommended Action
Approve
Analysis
Section 2.052 and Section 2.053 of the Texas Election Code provide for the cancellation of an election if all candidates are unopposed. Since the General Election for city council members and the extension of the crime tax were ordered separately, the general election can be cancelled. In an election on which there is a proposition on the ballot, the names of the unopposed candidates shall be listed un the heading "Unopposed Candidates Declared Elected." This ordinance will accomplish two things: 1) cancellation of the general election; and 2) declaring unopposed candidates elected. The candidates will be issued a certificate of election and will be sworn in at the Council meeting on May 19, 2020. This is the earliest date for council members to be sworn in because the Texas Election Code stipulates that they should be sworn in the same manner as they would have been if they had been elected on the ballot (i.e. after the canvass).
Financial Consideration
None
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, DECLARING UNOPPOSED CANDIDATES IN THE MAY 2, 2020 GENERAL CITY ELECTION, ELECTED TO OFFICE; CANCELING THE MAY 2, 2020 GENERAL CITY ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the general city election was called for May 2, 2020, for the purpose of electing members to the city council; and
WHEREAS, the city secretary has certified in writing that no person has made a declaration of write-in candidacy, and that each candidate on the ballot is unopposed for election to office; and
WHEREAS, under these circumstances, Subchapter C, Chapter 2, Texas Election Code, authorizes the city council to declare the candidates elected to office and cancel the election;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. The following candidates who are unopposed in the May 2, 2020 general city election, are declared elected to office, and shall be issued certificates of election following the time the election would have been canvassed:
Jorja Clemson, Council Member District One
Mike Del Bosque, Council Member District Three
Jeff Copeland, Council Member, Place 7 at large
SECTION 2. The May 2, 2020 general city election is canceled, and the city secretary is directed to cause the names of the unopposed candidates to appear on the ballot under the heading, "Unopposed Candidates Declared Elected" beneath the proposition on the city's Special Election ballot;
SECTION 3. It is declared to be the intent of the city council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance is declared invalid by the judgment or decree of a court of competent jurisdiction, the invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance since the city council would have enacted them without the invalid portion.
SECTION 4. This ordinance shall take effect upon its final passage, and it is so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, MAY 19, 2020.