HomeMy WebLinkAboutO-2020-3807 Calling a runoff election to be held on December 12, 2020 ORDINANCE NO. 2020-3807
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
ORDERING A RUNOFF ELECTION FOR THE PURPOSE OF ELECTING A
COUNCILPERSON-DISTRICT 6, TO BE HELD ON THE 12TH DAY OF DECEMBER,
2020; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE;
PROVIDING A SAVINGS CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, on January 13, 2020, the City Council passed Ordinance 2020-3771, which ordered an
election to be held on May 2, 2020, for the purpose of electing a Councilperson-District 1, a
Councilperson-District 6, and a Councilperson-at-large-Position B; and
WHEREAS, on March 13, 2020, Texas Governor Greg Abbott issued a Disaster Declaration for the
State of Texas related to the COVID-19 pandemic,which has been successively extended, including
on August 8, 2020; and
WHEREAS, on March 13, 2020, the Mayor of La Porte issued a Disaster Declaration for the City of
La Porte, which declaration was extended until April 3, 2020, by the City Council, on March 20, 2020,
and then on March 30, 2020, to continue in effect until such time as the COVID-19 Disaster
Declaration issued by Texas Governor Greg Abbott on March 13, 2020, expires or is withdrawn,
unless sooner terminated by executive order of the Mayor or by the City Council; and
WHEREAS, on March 30, 2020, the City Council adopted Ordinance 2020-3787, amending
Ordinance 2020-3771, for the purpose of postponing the May 2, 2020, general election to November
3, 2020, for the purpose of electing a Councilperson-District 1, a Councilperson-District 6, and a
Councilperson-at-large-Position B; and
WHEREAS, on September 14, 2020, the City Council found that it was in the public interest to enact
Ordinance 2020-3797, amending Ordinances 2020-2771 and 2020-3787, for the purpose of
providing an update regarding the extension of early voting and Harris County polling location
information; and
WHEREAS, the general election was held on November 3, 2020, but due to the fact that no
candidate received a majority of the votes cast in the Councilperson District 6 position race, a runoff
election must be called by the City of La Porte.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are true and
correct and are hereby incorporated into the body of this ordinance by reference.
SECTION 2. Pursuant to authority extended to political subdivisions in the March 18, 2020,
Proclamation of Texas Government Greg Abbott, City of La Porte Ordinance 2020-3771 was
amended by Ordinances 2020-3787 and 2020-3797 to postpone the ordered election for the City of
La Porte from May 2, 2020, to November 3, 2020, and provide additional information. The regular
municipal election of the City of La Porte, Texas, for election of members of the City Council
prescribed by Section 2.03 of the City Charter, was held between on the 3rd day of November, 2020,
in the city, for the purpose of electing a Councilperson-District 1, a Councilperson-District 6, and a
Councilperson-at-large-Position B. However, no candidate in the race for Councilperson-District 6
received a majority of the votes cast, necessitating a runoff election. The runoff election for
Councilperson-District 6 is hereby ordered in accordance with law and will be held December 12,
2020, on that day between seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m.
SECTION 3. The polling places for the runoff election for Councilperson-District 6, shall be as
determined by a joint election agreement and election services contract to be arranged with Harris
County.
SECTION 4. This election shall be held in accordance with, and shall be governed by, the election
laws of the State of Texas. The City Secretary and Mayor are hereby authorized to perform all duties
and take all actions as required by any election services contract(s) and/or joint election
agreement(s) that may be authorized by the City Council.
SECTION 5. In accordance with the Texas Election Code Section 2.023, the candidates in the
runoff election are the candidates who receive the highest and second highest number of votes in
the election or who tie for the highest number of votes. As required by Texas Election Code Section
52.094(a), the order of the candidates' names on the ballot of the runoff election shall be the relative
order of names on the original election ballot. The voter registration deadline for the runoff election
is November 12, 2020.
SECTION 6. The Councilperson—District 6 shall be elected by majority vote of all the votes cast
for the office for which he is a candidate.
SECTION 7. Each candidate for the office of Councilperson-District 6 must be a resident qualified
voter of the City for twelve (12) months immediately preceding election day and must also be a
resident of District 6 for twelve (12) months immediately preceding election day, in accordance with
Section 2.02(a) of the City Charter.
SECTION 8. Harris County shall appoint the Early Voting Clerk and Deputy Early Voting Clerk for
the joint early voting in person and voting by mail, and designate the Main Early Voting Location for
early voting for the election.
Applications for ballot by mail may be mailed, faxed, emailed, or delivered by common or contract
carrier to:
Regular mail to: Common or contract carrier:
Chris Hollins Chris Hollins
Harris County Clerk Harris County Clerk
Attn: Elections Division 1001 Preston, 4th Floor, Room 440
Post Office Box 1148 Houston, TX 77002
Houston, TX 77251-1148
Phone: (713) 755-6965 Fax: (713)-755-4983 or(713)-437-8683 Email: BBM@cco.hctx.net
who shall promptly provide them per the provisions of the Texas Election Code.
The last day for the early voting clerk to receive applications for a ballot to be voted by mail via
mail, fax, common or contract carrier, or email, per Texas Election Code Sec. 84.007(c) is
December 1, 2020. The deadline to hand deliver an application for a ballot by mail (ABBM) is
Tuesday, November 24, 2020, per Texas Election Code Sec. 84.008. If a voter submits an
application for ballot by mail via fax or e-mail, the early voting clerk must receive an original ABBM
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or a copy with a wet signature via mail within four business days of the submission of the fax or
email ABBM, per Texas Election Code Sec. 84.007(b-1).
All ABBMs submitted based on the applicant being over the ages of 65 or due to disability will
remain valid for the December 12, 2020 runoff election; in accordance Election Code Sec.
86.015(b). ABBMs for voters who submitted ABBMs based on expected absence from the city
regarding the May 2, 2020, election will not be valid for the December 12, 2020 runoff election
The places at which Early Voting by personal appearance shall be conducted shall be designated
by Harris County.
During the lawful early voting period, which will be from Wednesday, November 25, 2020, through
December 8, 2020, such Early Voting Clerk shall keep such locations for early voting open for early
voting as required by the Texas Election Code, at a minimum.
The early voting clerk's designated email address must be posted on the Secretary of State's
website.
SECTION 9. The places at which Runoff Election Day voting by personal appearance shall be
conducted shall be designated by Harris County.
SECTION 10. Voting at said election, including early voting, shall be by the use of voting machines;
and the ballots of said election shall conform to the Texas Election Code, as amended. Harris County,
via the contract for election services/joint election agreement, is hereby authorized and directed to
obtain, or cause to be obtained, the necessary electronic tabulating equipment, to arrange for the
testing thereof as provided by law and to employ a duly qualified manager and a duly qualified
tabulation supervisor to perform the duties respectively imposed on them by law with respect to the
processing and tabulation of ballots at the Central Counting Station.
SECTION 11. The City Secretary of the City of La Porte shall forthwith issue Notice of said election
to be published one time in the Bay Area Observer, which is hereby found and declared to be a
newspaper of general circulation in said City, not less than fifteen days nor more than thirty(30) days
prior to the date of the said election; in addition, Notice of said election shall be posted on the bulletin
board in City Hall not later than the twenty-first (21St) day before election day and remain posted
thorough election day.
SECTION 12. The Mayor and/or the City Secretary of the City of La Porte are hereby authorized to
execute and/or issue, for and on behalf of the City, such orders, documents, and forms as may, from
time to time, be promulgated by the Secretary of State of the State of Texas in conjunction with the
election herein ordained.
SECTION 13. Each and every provision, paragraph, sentence and clause of this ordinance has
been separately considered and passed by the City Council of the City of La Porte, Texas, and each
said provision would have been separately passed without any other provision; and if any provision
hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
SECTION 14. The City Council officially finds, determines, recites, and declares that a sufficient
written notice of the date, hour, place, and subject of this meeting of the City Council was posted at
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a place convenient to the public at the City Hall of the City for the time required by law preceding this
meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code; and that
this meeting has been open to the public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and posting
thereof.
SECTION 15. All portions of Ordinances 2020-3771, 2020-3787, and 2020-3797 not specifically
amended as provided herein shall remain in full force and effect.
SECTION 16. This ordinance shall be in effect immediately upon its passage and approval.
PASSED AND APPROVED, this, the
lQ day of November, 2020.
CITY OF LA '•' , .XAS
Louis Rigby, May.
ATTEST: APPROVED AS TO FORM:
A 1 r
Le oodw' J rets y Clark T. Askins, Assistant City Attorney
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Exhibit A
December 12, 2020, Runoff Polling Locations and Hours in La Porte
(Subject to change per Harris County)
Early Voting – November 25 through December 8
La Porte voters are able to vote at any Harris County polling location for this election
Wednesday, November 25- 8 a.m.-4:30 p.m.
Thursday, November 26 through Sunday, November 29 – polls closed for holidays
Monday, November 30 through Saturday, December 5 - 7 a.m.-7 p.m.
Sunday, December 6 - 12 p.m.-7 p.m.
Monday, December 7 and Tuesday, December 8 - 7 a.m.-7 p.m.
The early voting polling location in the city limits is at the La Porte City Hall, 604 West Fairmont
Parkway, La Porte, 77571
Election Day - Saturday, December 12: 7 a.m. – 7 p.m.
La Porte voters are able to vote at any Harris County location for this election
The election day polling locations in the city limits will be:
- La Porte City Hall Council Chamber, 604 West Fairmont Parkway, La Porte, 77571
- La Porte ISD Instructional Technology Center (ITC Building), 9832 Spencer Highway, La Porte,
77571
Exhibit B
ATE Op
cOvERet°4
GOVERNOR GREG ABBOTT
March 18,2020
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
_p=00/14.0'CLOCK
The Honorable Ruth R.Hughs /20
Secretary of State
State Capitol Room 1E.8 Secretary of State
Austin,Texas 78701
Dear Secretary Hughs:
Pursuant to his powers as Governor of the State of Texas,Greg Abbott has issued the following:
A proclamation suspending Sections 41.0052(a)and (b)of the Texas Election Code and
Section 49.103 of the Texas Water Code to the extent necessary to allow political
subdivisions that would otherwise hold elections on May 2, 2020, to move their general
and special elections for 2020 only to the next uniform election date, occurring on
November 3, 2020, without otherwise adjusting the term of office, and suspending
Sections 31.093 and 42.0621(c) of the Texas Election Code to the extent necessary to
require all county election officers, if requested by an affected political subdivision, to
enter into a contract to furnish election services with any political subdivision who
postponed their election to November 3,2020,under the authority of this proclamation.
The original of this proclamation is attached to this letter of transmittal.
Res tfully submitted,
11111 ,
'v-- -_____. .
101 V
` D '•son
;5'17:
ee Jerk to the Governor
Attachment
Posr OFFICE Box 12428 AUSTIN,TEXAS 78711512-463-2000(VOICE)DIAL 7-1-1 Fox RELAY SEnviCEs
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