Agenda

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Item # 12.

Council Meeting

Meeting Date:	01/12/2021
Department:	City Secretary

AGENDA CAPTION:

Present, Discuss, and Consider Action on Questions Regarding Potential Health Concerns Associated with Petition Requirements for City Council Candidates that were Adopted at the November 3, 2020 Special Election.

BACKGROUND:

The City Council called for a special election to amend the Home Rule Charter at the November 3, 2020 Special Election. A total of 26 proposals were presented, one of which included a petition requirement as noted below:

Section 8.03. - Nominations.
Any person having the qualifications required by this Charter and State law may be placed in nomination as a candidate for Mayor or Council member by filing with the City Secretary, by a petition signed by at least twenty-five (25) and not more than fifty (50) registered voters who shall be designated as his sponsors.

The Secretary of State (SOS) petition form requires that each person or persons who circulate the petition must be administered the affidavit by either a notary or the city secretary. The affidavit states the circulator has witnessed the signatures on the petition and have verified each signer's voter registration status. With COVID-19 protocols outlined by Governor Abbot's Executive Orders, Staff inquired of the Secretary of State's Office about implementing the petition requirement recently adopted by voters at the November 3, 2020 Special Charter Amendment Election. The City Secretary was advised there was currently no directive or suspension of the petition requirement.

The first day to submit an application along with a petition for a place on the ballot is Wednesday, January 13, and the last day is Friday, February 15. This item will facilitate Council discussion regarding questions regarding potential health concerns associated with the circulation of a petition for City Council candidates. Charter provisions are not effective until adopted by Ordinance. The City Council does not have the authority to suspend any adopted Charter provisions.

RECOMMENDATION:

Staff seeks direction from Council.