RES 1459 09/11/2012 U r o
�£ x �s
"City of Choice"
RESOLUTION NO. 1459
A RESOLUTION OF THE CITY OF CIBOLO, TEXAS,
MAKING THE FOLLOWING CHANGES TO THE CITY'S
GENERAL ELECTION PURSUANT TEXAS ELECTION
CODE SECTION 41.0052: MOVE THE GENERAL
ELECTION DATE FROM THE UNIFORM ELECTION DATE
OF THE SECOND SATURDAY IN MAY TO THE UNIFORM
ELECTION DATE OF THE FIRST TUESDAY AFTER THE
FIRST MONDAY IN NOVEMBER; EXTEND TERMS OF
EACH POSITION TO THE NEW ELECTION DATE;
PROVIDING FOR SEVERABILITY.
WHEREAS, the federal Help America Vote Act of 2002 (HAVA), found in 42 U.S.C. §
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 the 2003 regular session 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 Empowerment Act of 2009 (MOVE
Act), found in 42 U.S.C. § 1973ff-1, provides for an extended timetable in which
absentee ballots be transmitted to uniformed and overseas citizens at least 45 days
prior to an 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 the
municipal general election, which is the second Saturday in May; and
Resolution No.2011-37
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WHEREAS, the applicable portion of Senate Bill 100 allowing home rule cities to modify
their general election date was codified in sections 41.001 and 41.0052 of the Texas
Election Code; and
WHEREAS, many counties in Texas 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 Cibolo currently holds its general election on the uniform
election date on the second Saturday in May; and
WHEREAS, section 41.0052 of the Texas Election Code provides the authority for a
home rule city that holds its general election for officers on a date other than the
November uniform election date to, not later than December 31, 2012, change the date
on which it holds its general election for officers to the November uniform election date
through a resolution adopted by the Governing Body and that said changes provided for
in the resolution supersedes a city charter provision that requires a different general
election date.
WHEREAS, pursuant to Senate Bill 100, the Texas Election Code and other statutory
and state constitutional provisions, the City of Cibolo is — through the adoption of this
resolution and any other necessary means — is making best efforts to modify its election
procedures to be in compliance with the bill and other federal and state laws; and
WHEREAS, the City Council of the City of Cibolo currently holds its general election on
the uniform election date of the second Saturday in May; and
WHEREAS, the City Council of the City of Cibolo believes it is to the advantage of the
City, its citizens, and the pursuit of democracy to move its general election date from the
uniform election date in May to the uniform election date in November to avoid the
possibility of the added expense of having to run its election without the joint assistance
of the County in even numbered years.
NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
1. That the General Election for the City of Cibolo be moved to the November
uniform election date, which is currently the first Tuesday after the first Monday in
November and that the election be held jointly with the County.
2. That the transition for each council position be as follows:
a. Mayor, Position 2, Position 3 and Position 7
i. Current terms end in May 2013
Resolution No.2011-37
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ii. Terms shall have a one-time extension to November
2013 uniform election date.
b. Position 1, Position 4, Position 5 and Position 6
i. Current terms end in May 2014
ii. Terms shall have a one-time extension to November
2014 uniform election date.
3. Should any section or part of this resolution be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof
ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness
of such section or part shall in no way affect, impair, or invalidate the remaining portion
or portions thereof, but as to such remaining portion or portions, the same shall be and
remain in full force and effect and to this end the provisions of this resolution are
declared to be severable.
APPROVED AND ADOPTED ON THIS 11th DAY OF SEPTEMBER, 2012.
I
nnife H rtman, Mayor
ATTEST:
�9�1
Peggy Cimics, City Secretary
Resolution No.2011-37
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