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• <br />r~ <br /> <br />• <br />• <br />~J <br />~~ <br />Office of the Secretary of State <br />Austin, Texas 78711-2887 <br />Page 2 <br />7/26/84 <br />State, in Election Law Opinion No. DAD-23 (1982), held, in inter- <br />preting Article 11, § 11, Texas Constitution, that "a special election <br />to fill a vacancy must be called within 120 days from date the vacancy <br />occurs; if it is impossible to legally call an election within the <br />120-day Constitutional period, an election may be called on either <br />the next uniform election date, under Subdivision (a) of Article <br />2.Olb, Texas Election Code, or on another date authorized by the <br />Governor under Sub-section (b), of Article 2.Olb, Texas Election <br />Code." <br />I respectfully 'request, as City Attorney of the City of La Porte, <br />that your office issue its opinion that the City of La Porte may call <br />an election to fill a vacancy in office, of a Councilperson having <br />a three year term of office, within 120 days of the date the vacancy <br />occurs, as mandated by the provisions of Article 11, § 11, Texas <br />Constitution, and may do so on a non-uniform election date, where a <br />usable uniform election date does not occur within such 120-day <br />period. To the extent that your prior Election Law Opinion No. <br />DAD-23 (1982), holds to the contrary, I respectfully request that it <br />be overruled. <br />Thank you fir your consideration of this request. <br />KWA:kr <br />cc: Honorable Mayor <br />/ and City Council <br />CITY OF LA PORTE <br />P. O. Box 1115 <br />La Porte, Texas 77571 <br />• <br />Yours very truly, <br />L%'!~ ' <br />Knox W. Askins <br />City Attorney <br />City of La Porte <br />~e i s sK~ <br />ni p ,5 2 c veT~~ v'~ S~z t'~e s ----... <br />~ C ~ V' <br />D~ e has assn ec( vri e <br />b f~~ ~o~~ ~Gsf ,~~;~~ <br />a vor~~~Q o~iy~its~, ~e~~v w%// <br /> <br />~~'• Gc1. f~ . <br />