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Home My WebLink About1981-04-25 Special Called Meeting• • • MINUTES SPECIAL CALLED MEETING OF THE LA PORTE CITY COUNCIL April 25, 1981 1. Meeting called to order at 7:00 P.M. Members of the City Council Present: Mayor J.J. Meza, Councilman Norman L. Malone, Councilman Gus Faris, Councilman I.J. Kibodeaux, Councilman Tom Simons, Councilwoman Linda Westergren Members of the City Council Absent: None Other City Officials Present: City Manager James R. Hudgens, City Attorney Knox Askins, City Secretary Betty Waters, Police Chief H.F. Freeman, Parks Director Stan Sherwood There were 64 citizens present. • 2. The invocation was given by Mayor Meza. 3. The Mayor received election returns from District 2, District 4 and District 5 in addition to returns from the absentee election Judge for the 1981 Run-off. Members of City Council and the Mayor canvassed election returns. Absentee: 327 votes cast Dist. 2 Longley - 13 Westen - 16 Dist. 4 Gay - 92 Lawler - 118 Dist. 5 Skelton - 37 Wilson - 63 Mayor called a short recess until the rest of returns come in. Mayor Meza called the meeting to order as returns from the Districts came in. Mayor Meza read the returns and Council canvassed the returns. Dist. 2 Longley - 54 + 13 (Absentee) = 67 (18) Westen - 33 + 16 (Absentee) = 49 Dist. 4 Votes Gay - 185 + 92 (Absentee) = 277 (29) Lawler - 130 + 118(Absentee) = 248 Dist. 5 Votes Skelton - 162 + 37 (Absentee) = 199 (4) • Wilson - 132 + 63 (Absentee) = 195 City Attorney Askins attempted to explain the discrepency in the absentee voting which it is believed occurred in this way. • • Minutes, Special Called Meeting • April 25, 1981, Page 2 The Public counter on the absentee machine shows 327 persons voted as does the signature roster (322 in person and the Election Judge received 5 ballots by mail which were registered on the machine). All three races were on one machine. The machine has lock out devices which when pushed or pulled as the case may be, allow the voter when he enters the machine to vote in only one race. The descrepency is if you will look on the absentee vote total you will find that all the absentee votes cast total 339 rather than 327. That is a descrepency of 12 votes. It is the view of the gentleman who is here from the Harris County Voting Machine Department and I think the only possible explaination that in twelve (12) instances there was a failure to push or pull the proper locking devices on the absentee voting machine, resulting in the case that either one voter voted in two races or one voter voted in three races. Mathematically I do not think we can determine in which race the illegal votes were cast. I think the only thing we can determine is that 12 illegal votes were cast. In election law an error in an election has to be such that it effects the out- come. That is not the case in Districts 2 and 4. In District 2 the winner in that race has a clear vote margin of 18 votes. In District 4 the winner has a clear vote margin of 29. I • think that would be a sufficient number to overcome any error. However, in District 5 the margin is only 4 votes, we have no way of knowing in which race the 12 illegal votes were cast but if you assume the worst possible case, you must assume in each race that those votes were cast in each seperate race and how would it effect the outcome if you gave those 12 votes to the looser. If you gave those twelve (12) votes to the loosing canidate in District 2 it doesn't effect the outcome. If you give those 12 votes to the loosing canidate in District 4 it does not effect the outcome. However, in District 5 if you give the looser the benefit of the 12 votes the winner can't clear it by more than that b ecause he doesn't have but a margin of 4 votes. It is therefore my view, I've never seen a situation like this before, but it is my view that the Council can declare winners in District 2 and 4 but it would appear to me unless someone can come up with a solution of how we could determine the facts and I don't know how it could be. We will be faced with another election in District 5. Motion was made by Councilperson Simons to accept the results from District 2 and District 4 and have a re-election in District 5. Seconded by Councilman Faris. Mayor Meza stated; "We have a motion on the floor and a second, we would ask Councilperson Faris if he desires to withdraw his second?" • • • Minutes, Special Called Meeting • April 25, 1981, Page 3 Councilman Faris withdrew his second to Councilperson Simons motion. Councilperson Simons withdrew his motion. Mayor Meza ask that City Attorney Askins read Ordinance No: 1257. An Ordinance Declaring The Results of the Run-off Election Held In The City of La Porte On April 25,1981, For The Election of A Councilperson - District 2; Council- person - District 4; and Councilperson - District 5. Motion was made by Councilperson Simons to approve and adopt Ordinance No: 1257 as .read. Seconded by Councilperson Faris. The motion carried 5 ayes and 0 nays. Ayes: Councilpersons Malone, Faris, Kibodeaux, Simons, Westergren Nays: None Mayor Meza ask that John D. Carr Longley of District 2 and Deotis Gay of District 4 come forward to receive their oath of • office. Councilperson John Longley and Councilperson Deotis Gay were seated at the Counciltable. There being no further business to come before the Council at this time, the meeting was duly adjourned at 8:25 P.M. Respectfully submitted: B tty Waters City ecretary Passed and approved this the 6th. da of May, 1981 J. J. Meza, Mayo "- • • C ORDINANCE N0. 1257 AN ORDINANCE DECLARING THE RESULTS OF THE RUNOFF ELECTION HELD IN THE CITY OF LA PORTE ON APRIL 25, 1981, FOR THE ELECTION OF A COUNCILPERSON--DISTRICT 2; COUNCILPERSON--DISTRICT 4; AND COUNCILPERSON--DISTRICT 5. i WHEREAS, there was held in the City of La Porte, on the 25th day of April, 1981, a runoff election for the purpose of electing a Councilperson--District 2; Councilperson--District 4; and Councilperson--District 5; in accordance with Section 8.10 of the Home Rule Charter of the City of La Porte. WHEREAS, there were cast at said election for the follow- ing listed persons the number of votes opposite -their respect- ive names: COUNCILPERSON--DISTRICT 2: E. F. "Red" Westen John D. Carr Longley COUNCILPERSON--DISTRICT 4: Hal Lawler Deotis Gay COUNCILPERSON--DISTRICT 5: Andy Wilson B. Don Skelton as shown in the official election returns heretofore delivered • by the Election Judge and officials to the Mayor and City Council of the City of La Porte and submitted to the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That said election was duly called and notice thereof given in accordance with law; that said election was held in the manner required by law; that due returns of said • election have been made by the proper officers; that said re- turns have been canvassed by the City Council of the City of • • Ordinance No. 1257 , Page 2. La Porte; that said election has resulted in the election of the following named persons, to-wit: COUNCILPERSON--DISTRICT 2: COUNCILPERSON--DISTRICT 4: • COUNCILPERSON--DISTRICT 5: Section 2. The City Council officially finds, deter- mines, 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 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 Law, Article 6252-17, Texas Revised Civil Statutes Annotated; 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 furtYier ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall take effect and be in force from and after its passage and approval, and it is so • Ordered . • Ordinance No. 1257 ATTEST: • PASSED AND APPROVED, this the 25th day of. April, 1981. • • Page 3. CITY OF LA PORTE J. J. Meza, ayor City Secretary APPROVED: L / . City Attorney`/ ~~z .~ ~~~, ~~ ~~ ~, ..~ , i CITY PHONE ( 713 ) 471.5020 OF L FORTE • P. O. Box 1115 • L.4 PO RTE, TExns 77571 April 27, 1981 10:30 A.M. Mrs. Betty T. Waters City Secretary City of La Porte P.O. BOX 1115 La Porte, Texas 77571 • Dear Mrs. Waters: In compliance with Section 2.07a of the City Charter of the City of La Porte, I hereby request a "Special Emergency Meeting" of the La Porte City Council be called for 5:00 P.M. April 27, 1981, to officially canvass election returns in the April 25, 1981, run-off election, district 5. Please notify the City's official newspaper of this meeting. S' ere ~-- J. J. Meza, Mayor JJM/cb