AGENDA CAPTION:
Title
Consider approval of Ordinance 2020-17, repealing Ordinance 2020-16 that ordered a Special Election to be held on May 2, 2020 for the purpose of filling a vacancy for the remainder of the unexpired term of office of city council place five; giving public notice that a new date for conducting a Special Election to fill the vacancy will be ordered by adoption of a subsequent ordinance, with new filing deadlines, due to the current COVID-19 pandemic; declaring an emergency creating the need to adopt this ordinance with only one reading; and providing an effective date.
Body
Meeting date: March 31, 2020
Department: City Clerk/Attorney
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Background Information:
The letter submitted by Dr. Jocabed Marquez on March 9, 2020, resigning her position as City Council Member Place 5, created a vacancy in that position as of March 17, 2020 that must be filled by special election.
By ordering the special election on March 17, 2020, through the adoption of Ordinance No. 2020-16, it was the intention of the San Marcos City Council to have the special election held concurrently with other elections to be conducted by the Hays County Elections Administrator on May 2, 2020 - the next uniform election date.
On March 18, 2020 Governor Greg Abbott issued a proclamation pertaining to the May 2, 2020 uniform election date allowing certain political subdivisions with elections set for that day to postpone their elections to the next uniform election date, November 3, 2020.
Due to the health risks posed by the COVID-19 pandemic, the existence of community spread of the virus within Hays County, and apparently in reliance upon Governor Abbott’s proclamation, the Hays County Election Office provided written notice to Interim City Clerk Tammy K. Cook on March 25, 2020 that the Hays County Election Administrator will not conduct any of the city, school, or county elections previously set for May 2, 2020.
On March 24, 2020, the office of Secretary of State of Texas (SOS) issued a clarification regarding Governor Abbott’s proclamation. According to the SOS, the governor’s proclamation did not authorize a political subdivision with a special election to fill a vacancy set for May 2, 2020 to simply postpone the election to the November 3, 2020 uniform election date. As a result, the provisions of Election Advisory 2020-12 for the May 2, 2020 Uniform Election Date that declared the filing period for a place on the ballot closed as of March 23, 2020, will not and cannot apply to a special election to fill the vacancy for City Council Place 5.
The attached ordinance repeals Ordinance No. 2020-16. A special election to fill the vacancy for City Council Place 5 will not be conducted on May 2, 2020. The special election will be set by subsequent ordinance for a date that minimizes the risk of exposure to and spread of the virus that causes COVID-19 and allows sufficient time to meet applicable election calendar deadlines, including new deadlines for filing an application for a place on the ballot.
Due to the time sensitive nature of this ordinance, it is being approved on emergency and will have only one reading.
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