O-2013-3482 Canvassing Special 2013 Election

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Following the publication of the decennial federal census, city council shall conduct an investigation and determine the population of the city and the population of each of the districts from which district councilpersons are to be elected. Each such determination shall be based upon the best available data, including, but not limited to, the most recent federal census. Each such determination shall be expressed in an ordinance, which shall be a final determination for purposes of this Charter, After any such determination, if the distribution of population among the various districts is determined by city council to be materially unbalanced, the city council shall establish new boundaries for the election of district councilpersons. C. Election. All candidates for city council shall be voted on and elected separately for positions and districts on said city council, and each candidate shall be designated on the official ballot according to the title of such position or district to which he seeks election. Any candidate for office receiving a majority of all the votes cast for the office for which he is a candidate shall be elected to such office. Candidates in a runoff election are the candidates who receive the highest and second highest number of votes in the main election or who tie for the highest number of votes. In the event any candidate for any office fails to receive a majority of votes cast for all the candidates for such office, the city council shall call a run-off election to be held in accordance with state law. Tie votes shall be resolved in accordance with state law. d. Term of office. The mayor and councilpersons shall each hold their respective offices for a term of three (3) years and until their successors shall have been elected and duly qualified. Section S. That pursuant to the Charter Amendment Election, Proposition Seven, Sections 2.02 and 2.04, and Propositions Nine and Ten, Section 2.04, of the La Porte Charter are amended to read as follows: 2.02. - Qualifications. a. Enumerated. The mayor and councilpersons shall have been qualified voters of the city for twelve (12) months at the time of filing for office, and continuously during their term of office. A district councilperson shall also be a resident of his district for the previous twelve (12) months at the time of filing for office and continuously during his term of office. b. Council to be judge of members' qualifications. City council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of council in any such case shall be subject to review by the courts. 2.04. - Vacancies in city council. a. Candidacy elsewhere. If the mayor or any councilperson shall announce his candidacy, or shall in fact become a candidate, in any general, special or primary election for any office of profit or trust under this Charter or the laws of Texas or the United States, other than the office he has held, at any time when the unexpired term of the office then held shall exceed one year and thirty (30) days, such announcement or such candidacy shall constitute an automatic resignation of the office then held. b. Procedure. When a vacancy occurs for any reason in the office of mayor or councilperson, council shall call a special election within one hundred twenty (120) days. At said election the vacant office or offices shall be filled under the provisions of this Charter. C. Filing for office. Each candidate for public office must: 1. Have been a resident of the City of La Porte for at least twelve (12) months immediately preceding filing for office, and be a qualified voter in the city. 2. File sworn application with the city secretary in accordance with state law. 3. File for only one city office. d. Official ballots. Official ballots shall be prepared in accordance with state law 12