CC Resolution No. 2159 - ChangingCity'sGeneralElectionDate RESOLUTION NO. 2159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
MAKING CHANGES TO THE CITY'S GENERAL ELECTION PURSUANT TO
SENATE BILL 100, EIGHTY-SECOND LEGISLATURE, REGULAR SESSION, BY
CHANGING THE CITY'S GENERAL ELECTION DATE FROM THE UNIFORM
ELECTION DATE IN MAY TO THE UNIFORM ELECTION DATE IN NOVEMBER
AND BY EXTENDING THE TERMS OF OFFICE OF THE CURRENT MAYOR AND
COUNCIL MEMBERS BY SIX MONTHS; MAKING OTHER CHANGES RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the Federal Help America Vote Act of 2002 ("HAVA"), found in 42 U.S.C.A.
§15481(a)(3), mandates that, for elections in which a federal office is on the ballot, each polling place
must be equipped with an electronic voting machine to facilitate voting by those with disabilities; and
WHEREAS, the Texas Legislature implemented HAVA in 2003 with the passage of House Bill
1549, but expanded the scope of the electronic voting machine requirement to apply to any election held
in the state, with limited exceptions; and
WHEREAS, the Federal Military and Overseas Voter Act of 2009 ("MOVE Act"), found in 42
U.S.C.A. §1973ff-1, provides for an extended timetable in which absentee ballots be transmitted to
uniformed and overseas citizens at least 45 days prior to the election; and
WHEREAS, the Texas Legislature implemented the MOVE Act in 2011 with the passage of
Senate Bill 100, which overlaid the period between the state's primary and primary runoff election upon
the most commonly-used uniform election date for municipal general elections, which is the second
Saturday in May; and
WHEREAS, many counties in Texas, including Harris County, have concluded that, in even-
numbered years (the years in which the state's primary and primary runoff elections are held), they will
be unable to provide to their cities, through sharing, lease or other means, the electronic voting machines
that are required by the aforementioned federal and state laws; and
WHEREAS, the City of Baytown currently holds its general election on the May uniform election
date pursuant to Section 25 of the Charter of the City of Baytown, which states:
The regular municipal election shall be held on the May uniform election date, unless
another date is established by law;
and
WHEREAS, Senate Bill 100 authorizes the City Council to change the date of its general election
to November and provides that such change supersedes a charter provision that requires a different
general election date; and
WHEREAS, the City Council hereby finds that changing the general election date to the uniform
election date in November is in the best interest of the City;NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the statements and findings set out in the recitals hereinabove are hereby in
all things approved and adopted.
Section 2: That the City Council of the City of Baytown hereby changes the date on which
it holds its general election for officers to the November uniform election date in compliance with Section
41.0052 of the Texas Election Code and S.B. 100. Any provision of the City Charter of the City of
Baytown, Texas,requiring a different uniform election date, including but not limited to Section 23 of the
Charter, is hereby superseded pursuant to the aforementioned law.
Section 3: That the general election that would have occurred in May 2012 is hereby
cancelled.
Section 4: That the term of office for each member of the City Council shall remain at three
(3)years or until his/her successor has been elected and inducted pursuant to Section 12 of the Charter of
the City of Baytown.
Section 5: That the terms of the current Mayor and all six Council Members shall be
extended for six months in order to conform to the November general election date. As adjusted, the
terms of office for the existing members of the City Council shall be as follows:
Member of Council Term of
Mayor November 2012
Council Member District No. I November 2013
Council Member District No. 2 November 2013
Council Member District No. 3 November 2013
Council Member District No. 4 November 2014
Council Member District No. 5 November 2014
Council Member District No. 6 November 2014
The holdover of a member of the City Council so that a term of office may be conformed to the new
November general election date shall not constitute a vacancy for purposes of Section I l(b), Article XI,
Texas Constitution.
Section 6: This resolution shall take effect immediately from and fter its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vote of t 'City Council of the City of
Baytown this the I Ph day of October,2011.
A ST kf EP H. DONCARL S, Mayor
: D
LETICIA BRYSCH, Z�IiUlerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., City rney
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