HomeMy WebLinkAboutOrd 817-2019 Ordering a Runoff Election to be Held on June 8, 2019ORDINANCE No. / - kjq
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
ORDERING A RUNOFF ELECTION TO BE HELD ON JUNE 8, 2019, FOR THE
PURPOSE OF ELECTING ONE CITY COUNCIL MEMBER; DESIGNATING POLLING
PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING
EXECUTION OF ELECTION CONTRACTS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, under Texas law, if a candidate does not receive enough votes to be elected
in an election requiring a majority vote, a runoff election is required for the candidates
who receive the highest and second highest number of votes; and
WHEREAS, in accordance with Article 5, Section 5.04(a) of the Charter of the City of
Anna, Texas ("City"), a runoff election is required if no candidate for a City elective office
receives a majority of the votes cast; and
WHEREAS, the City of Anna City Council ("Council") is required to order such a runoff
election not later than the fifth day after the final canvass of the main election is
completed; and
WHEREAS, following the final canvass of the election held on May 4, 2019, it has been
determined that no candidate for Place 2 on the Council received a majority of the votes
cast;
WHEREAS, it is necessary that the Council order a runoff election to be held on the 8th
day of June, 2019, from 7:00 a.m. to 7:00 p.m., for the purpose of electing one council
member for Place 2; and
WHEREAS, the Mayor has certified to the City Secretary that the Place 2 candidates
Alonzo Tutson and Josh Vollmer received the vote totals necessary for them to be placed
on the runoff election ballot, and directs the City Secretary to deliver the certification to
the authority responsible for having the official ballot prepared;
WHEREAS, the election shall be held as a Runoff Election administered by the Collin
County Elections Administrator in accordance with the provisions of the Texas Election
Code, the Charter of the City of Anna, and a Contract for Election Services with the
County of Collin; and
WHEREAS, the City of Anna accepts Collin County Election Administration's use of the
direct record and optical scan voting systems, which have been certified by the Secretary
of State in accordance with the Texas Election Code and approved by the United States
Department of Justice.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
SECTION 1. ELECTION ORDER
A runoff election is hereby ordered to be held by the City of Anna, Texas, on Saturday,
June 8, 2019, for the purpose of electing a council member for Place 2. Polling locations
for the election will be determined in the Contract for Election Services to be entered into
with Collin County. The polling locations shall be open between the hours of 7:00 a.m.
and 7:00 p.m. the date of the election. The election will be conducted in accordance with
the Contract for Election Services, by and between the City and Collin County, and the
Texas Election Code.
SECTION 2. ELECTION NOTICE
The City Secretary is hereby directed to cause notice of said election to be published at
least once, not earlier than the 30th day nor later than the 10th day, before election day
as provided in Section 2.026 and Section 4.003 of the Texas Election Code; and shall be
posted on the bulletin board used for posting notices of the City Council meetings not
later than the 15th day before election day. A copy of the published notice that contains
the name of the newspaper and the date of publication shall be retained as a record of
such notice, and the person posting the notice shall make a record at the time of posting
stating the date and place of posting in accordance with Texas Election Code Section
4.005. The City Secretary is also directed to post the election notice on the Internet
website of the City of Anna.
SECTION 3. EARLY VOTING
Early voting by personal appearance by any qualified Collin County resident shall be
conducted at the following addresses, or at any of the other Collin County Vote Centers*
established by the Collin County Elections Administrator and designated for use in this
election. Early voting by personal appearance for the June 8, 2019, runoff election will
be conducted by the Collin County Elections Administration.
The dates and times for early voting by personal appearance are as follows:
Polling Place
'Address
city
Collin County Elections Office
Main Early Voting Location
2010 Redbud Blvd. Ste 102
McKinney
Anna City Hall
111 N. Powell Pkwy
Anna
Sunday
Monday
Tuesdav
Wednesday'
Thursday
Friday
Saturda
May 26
May 27
Memorial
Day
May 28
Early Voting
8am-5 m
May 29
Early Voting
Sam -5 m
May 30
Early Voting
8am-7 m
May 31
Early Voting
Sam -5 m
June 1
Early Voting
Sam -5 m
June 2
June 3
Early Voting
lam — 7 m
June 4
Early Voting
I lam — 7 m
June 5
June 6
June 7
June 8
Election Day
lam — 7 m
ORD ��
June 8, 2019 Runoff Election Order
PAGE 2OF4
Important Note: E/i ib/e Collin County registered voters (with an effective
date of registration on or before June 8, 2019) may vote at any of the above
early voting locations.
SECTION 4. ELECTION DAY POLLING PLACE
On June 8, 2019, Runoff Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and
conducted at the Anna City Hall, 111 N. Powell Pkwy, Anna, Texas 75409 or at any of the other
vote centers established by the Contract for Election Services. The Collin County Elections
Administrator will conduct the run-off election to be held on Saturday, June 8, 2019.
SECTION 5. EARLY VOTING BY MAIL
Applications for early voting ballot by mail shall be mailed to: Bruce Sherbet Elections
Administrator, 2010 Redbud Blvd., Ste. 102, McKinney, Texas 75069. Applications for
early voting ballot by mail must be received no later than the close of business on May
28, 2019.
SECTION 6. ELECTRONIC VOTING EQUIPMENT
In accordance with Section 123.001 of the Texas Election Code, the Direct Record and
Optical Scan Voting Systems approved by the Secretary of State are hereby adopted for
the election on June 8, 2019.
SECTION 7. ADMINISTRATION AND PROCEDURES OF THE ELECTION
The City Manager is hereby authorized and directed to enter into any agreements with
Collin County Elections Administration, make any necessary supplements to said
agreements, and to execute such election agreements for said election.
SECTION 8. ELECTION OFFICIALS
Pursuant to the Contract for Election Services, the Collin County Elections Administrator
shall serve as Early Voting Clerk for the election. Presiding Election Judges and
Alternate Presiding Election Judges appointed to serve at said polling places shall be
those election officials furnished by Collin County Elections Administrator.
SECTION 9. EARLY VOTING BALLOT BOARD
An Early Voting Ballot Board shall be created to process early voting results in
accordance with Section 87.001, et seq., of the Texas Election Code. The Early Voting
Ballot Board shall be made up of members appointed in the manner stated in the Contract
for Election Services and the Presiding Judge and Alternate Presiding Judge of the Early
Voting Ballot Board shall be the election officials listed in the Contract for Election
Services.
ORD S 0
June 8, 2019 Runoff Election Order
PAGE 3OF4
SECTION 10. SAVINGS, SEVERABILITY AND REPEALING CLAUSES
Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
resolution be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said resolution, which shall remain in full force
and effect.
SECTION 11. EFFECTIVE DATE
This ordinance shall become effective immediately from and after its passage.
APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the
_L(4 1/ -day of May, 2019.
ATTESTED:
Y-
City Secretary Carrie L. Sm
ORD W
June 8, 2019 Runoff Election Order
PAGE 4OF4
APPROV
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Joint General & Special
May 4, 2019
Joint General & Special Election
Table of Contents
I......................................................Duties and Services of Contracting Officer
II................................................Duties and Services of City and School District
III....................................................................................Cost of Election
IV.........................................................................Joint General Agreement
V..................................................................................General Provisions
Exhibits
Exhibit A....................................................Early Voting Schedule and Locations
Exhibit B.................................................................Election Day Vote Centers
Exhibit C.............................................................................Cost of Services
Exhibit D..................................................................Joint General Agreement
May 4, 2019 Joint General & Special Election — City of Anna & AISD
01/28/19 — Page 2
THE STATE OF TEXAS
COUNTY OF COLLIN §
CITY - SCHOOL ANNA
ELECTION SERVICES
BY THE TERMS OF THIS CONTRACT made and entered into by and
between the CITY OF ANNA, hereinafter referred to as the "CITY," and the BOARD OF
TRUSTEES OF THE ANNA INDEPENDENT SCHOOL DISTRICT, hereinafter
referred to as the "SCHOOL DISTRICT," and BRUCE SHERBET, Elections
Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer,"
pursuant to the authority in Subchapter D, of Chapter 31, of the Texas Election Code,
agree to the following particulars in regard to coordination, supervision and running of
the City and School District's May 4, 2019 Joint General & Special Election and a City
Runoff Election, if necessary, on June 8, 2019. An additional cost estimate, early voting
calendar, and Election Day polling place schedule will be prepared should a Runoff
Election be necessary.
THIS AGREEMENT is entered into in consideration of the mutual covenants
and promises hereinafter set out. IT IS AGREED AS FOLLOWS:
I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting
Officer shall be responsible for performing the following duties and shall furnish the
following services and equipment:
A. The Contracting Officer shall arrange for appointment, notification
(including writ of election), training and compensation of all presiding judges, alternate
judges, the judge of the Central Counting Station and judge of the Early Voting Ballot
Board.
a. The Contracting Officer shall be responsible for notification of
each Election Day and Early Voting presiding judge and alternate judge of
his or her appointment. The recommendations of the City and the School
District will be the accepted guidelines for the number of clerks secured to
work in each Vote Center. The presiding election judge of each Vote
Center, however, will use his/her discretion to determine when additional
manpower is needed during peak voting hours. The Contracting Officer
May 4, 2019 Joint General & Special Election — City of Anna & AISD
01/28/19 —Page 3
will determine the number of clerks to work in the Central Counting
Station and the number of clerks to work on the Ballot Board.
Election judges shall be secured by the Contracting Officer with the
approval of the City and the School District.
b. Election judges shall attend the Contracting Officer's school of
instruction (Elections Seminar); calendar will be provided.
C. Election judges shall be responsible for picking up from and
returning election supplies to the county election warehouse located at
2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup
and delivery of supplies will be $25.00.
d. The Contracting Officer shall compensate each election judge and
worker. Each judge shall receive $12.00 per hour for services rendered.
Each alternate judge and clerk shall receive $10.00 per hour for services
rendered. Overtime will be paid to each person working over 40 hours per
week.
B. The Contracting Officer shall procure, prepare, and distribute voting
machines, election kits and election supplies.
a. The Contracting Officer shall secure election kits which
include the legal documentation required to hold an election and all
supplies including locks, pens, magic markers, etc.
b. The Contracting Officer shall secure all tables, chairs, and legal
documentation required to run the Central Counting Station.
C. The Contracting Officer shall provide all lists of registered voters
required for use on Election Day and for the early voting period required
by law.
May 4, 2019 Joint General & Special Election — City of Anna & AISD
01/28/19 — Page 4
d. The Contracting Officer shall procure and arrange for the
distribution of all election equipment and supplies required to hold an
election.
1. Equipment includes the rental of voting machines, ADA
compliance headphones and keypads (1 per site), transfer cases,
voting signs and election supply cabinets.
2. Supplies include smart cards, sample ballots, provisional
forms, maps, labels, pens, tape, markers, etc.
C. The Contracting Officer, Bruce Sherbet, shall be appointed the Early
Voting Clerk by the City and the School District.
a. The Contracting Officer shall supervise and conduct Early Voting
by mail and in person and shall secure personnel to serve as Early Voting
Deputies.
b. Early Voting by personal appearance for the City and School
District's May 4, 2019, Joint General & Special Election shall be
conducted during the time period and at the locations listed in Exhibit "A",
attached and incorporated by reference into this contract.
C. All applications for an Early Voting mail ballot shall be received
and processed by the Collin County Elections Administration Office,
2010 Redbud Blvd., Suite 102, McKinney, Texas 75069.
1. Application for mail ballots erroneously mailed to the City
or School District shall immediately be faxed to the Contracting
Officer for timely processing. The original application shall then
be forwarded to the Contracting Officer for proper retention.
2. All Federal Post Card Applicants (FPGA) will be sent a
mail ballot. No postage is required.
May 4, 2019 Joint General & Special Election — City of Anna & AISD
01/28/19 — Page 5
d. All Early Voting ballots (those cast by mail and those cast by
personal appearance) shall be prepared for count by the Early Voting
Ballot Board in accordance with Chapter 87 of the Texas Election Code.
The presiding judge of this Board shall be appointed by the Contracting
Officer.
D. The Contracting Officer shall arrange for the use of all Election Day Vote
Centers. The City and School District shall assume the responsibility of remitting the
cost of all employee services required to provide access, provide security or provide
custodial services for the Vote Centers. The Election Day Vote Centers are listed in
Exhibit `B", attached and incorporated by reference into this contract.
E. The Contracting Officer shall be responsible for establishing and operating
the Central Counting Station to receive and tabulate the voted ballots in accordance with
Section 127.001 of the Election Code and of this agreement. Counting Station Manager
and Central Count Judge shall be Bruce Sherbet. The Tabulation Supervisor shall be
Patty Seals.
a. The Tabulation Supervisor shall prepare, test and run the county's
tabulation system in accordance with statutory requirements and county
policies, under the auspices of the Contracting Officer.
b. The Public Logic and Accuracy Test of the electronic voting
system shall be conducted.
C. Election night reports will be available to the City and School
District at the Central Counting Station on election night. Provisional
ballots will be tabulated after election night in accordance with law.
d. The Contracting Officer shall prepare the unofficial canvass report
after all precincts have been counted, and will provide a copy of the
unofficial canvass to the City and School District as soon as possible after
all returns have been tallied.
e. The Contracting Officer shall be appointed the custodian of the
voted ballots and shall retain all election material for a period of 22
months.
May 4, 2019 Joint General & Special Election — City of Anna & AND
01/28/19 — Page 6
1. Pending no litigation and as prescribed by law, the voted
ballots shall be shredded 22 months after the election.
2. The City and School District can obtain the list of
registered voters from the Elections Administration Office after
this retention period. Pending no litigation and if the City or
School District does not request the lists, the Contracting Officer
shall destroy them.
f. The Contracting Officer shall conduct a manual count as
prescribed by Section 127.201 of the Texas Election Code and submit a
written report to the City and School District in a timely manner. The
Secretary of State may waive this requirement. If applicable, a written
report shall be submitted to the Secretary of State as required by Section
127.201(E) of the aforementioned code.
II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The
City and School District shall assume the following responsibilities:
A. The City and School District shall prepare the election orders, resolutions,
notices, official canvass and other pertinent documents for adoption by the appropriate
office or body. The City and School District assumes the responsibility of posting all
notices and likewise promoting the schedules for Early Voting and Election Day.
B. The City and School District shall provide the Contracting Officer with an
updated map and street index of their jurisdiction in an electronic (shape file preferred) or
printed format as soon as possible but no later than Friday, March 8, 2019.
C. The City and School District shall procure and provide the Contracting
Officer with the ballot layout and Spanish interpretation in an electronic format.
a. The City and School District shall deliver to the Contracting
Officer as soon as possible, but no later than 5:00 PM Thursday,
February 21, 2019, the official wording for the City and School
District's May 4, 2019, Joint General & Special Election.
May 4, 2019 Joint General & Special Election — City of Anna & AISD
01/28/19 —Page 7
b. The City and School District shall approve the "blue line" ballot
format prior to the final printing.
D. The City and School District shall post the publication of election notice
by the proper methods with the proper media.
E. The City and School District shall compensate the Contracting Officer for
any additional verified cost incurred in the process of running this election or for a
manual count this election may require, consistent with charges and hourly rates shown
on Exhibit "C" for required services.
F. The City and School District shall pay the Contracting Officer 90% of the
estimated cost to run the said election prior to Friday, April 5, 2019. The Contracting
Officer shall place the funds in a "contract fund" as prescribed by Section 3 1. 100 of the
Texas Election Code. The Deposit should be delivered within the mandatory time frame
to:
Collin County Treasury
2300 Bloomdale Rd. #3138
McKinney, Texas 75071
Made payable to: "Collin County Treasury" with the note "for election services" included
with check documentation.
G. The City and School District shall pay the cost of conducting said election,
less partial payment, including the 10% administrative fee, pursuant to the Texas Election
Code, Section 31.100, within 30 days from the date of final billing.
III. COST OF SERVICES. See Exhibit "C."
IV. JOINT GENERAL AGREEMENT. See Exhibit "D".
V. GENERAL PROVISIONS.
A. Nothing contained in this contract shall authorize or permit a change in the
officer with whom or the place at which any document or record relating to the City and
School District's May 4, 2019, Joint General & Special Election is to be filed or the place
May 4, 2019 Joint General & Special Election — City of Anna & AND
01/28/19 —Page 8
any function is to be carried out, or any nontransferable functions specified under Section
31.096 of the Texas Election Code.
B. Upon request, the Contracting Officer will provide copies of all invoices
and other charges received in the process of running said election for the City and School
District.
C. If the City and/or School District cancel their election pursuant to Section
2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract
preparation fee of $75. An entity canceling an election will not be liable for any further
costs incurred by the Contracting Officer in conducting the May 4, 2019, Joint General
Election. All actual shared cost incurred in the conduct of the election will be divided by
the actual number of entities contracting with the Contracting Officer and holding a May
4, 2019, Joint General Election.
D. The Contracting Officer shall file copies of this contract with the County
Judge and the County Auditor of Collin County, Texas.
WITNESS BY MY HAND THIS THE DAY OF 2019.
Bruce Sherbet
Collin County, Texas
M HAND THIS THE 1,�— DAY OF . 2019.
Attest: �Qc�Q, '
roce, City Manager Carrie Smith, City Secretary
of Anna City of Anna
May 4, 2019 Joint General Election — City of Anna & AISD
01/28/ 19 — Page 9
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1
ORDER OF ELECTION FOR MUNICIPALITIES
(ORDEN DE ELECCI6N PARA LOS MUNICIPIOS)
To the Registered Voters of Anna, Texas:
(A los votantes registrados de Anna, Texas.)
Notice is hereby given that the polling places listed below will be open from 7:00 a.m.
to 7:00 P.m., on June 8, 2019, for voting tin a municipal election to elect one (1) Council
Member, Places 2 for three-year terms.
(Se hace saber que las casillas electorales citadas abajo se abriran desde las 7:00 am
a 7:00 pm, el 8 de Junio de 2019 para el estano de votacion una eleccion municipal
para elegir a uno (1) miembros del Consejo, situando 2 para periodos de tres anos.)
LOCATION OF POLLING PLACE:
(DIRECCION DEL CENTRO DE VOTACION.)
Anna City Hall Collin County Election Office
111 N. Powell Parkway 2010 Redbud Blvd., #102
Anna, Texas 75409 McKinney, Texas 75069
Early voting by personal appearance will be conducted each weekday at:
(La votacion en adelantada en persona se Uevara a cabo de lunes a viernes en.)
Anna City Hall Collin County Election Office
111 N. Powell Parkway 2010 Redbud Blvd., #102
Anna, Texas 75409 McKinney, Texas 75069
Beginning on April 22, 2019
(Comenzar el 22 de abril de 2019)
Tuesday May 28, 2019 8:00 a.m. to 5:00 p.m.
(Mantes el 28 de mayo, 8:00 de la manana hasta las 5:00 de la tarde,)
Wednesday May 29, 2019 8:00 a.m. to 5:00 p.m.
(Miercoles e129 de mayo, 8:00 de la manana hasta las 5:00 de la tarde,)
Thursday May 30, 2019 8:00 a.m. to 7:00 p.m.
(Jueves el 30 de mayo, 8:00 de la manana hasta las 5:00 de la tarde,)
Friday May 31, 2019 8:00 a.m. to 5:00 p.m.
(Viemes el 31 de mayo, 8:00 de la manana hasta las 5:00 de la tarde,)
Saturday June 1, 2019 8:00 a.m. to 5:00 p.m.
(Sabado e11 dejunio, 8:00 de la manana hasta las 5:00 de la tarde,)
Monday June 3, 2019 7:00 a.m. to 7:00 p.m.
(Lunen e13 de junio, 7:00 de la manana hasta las 7:00 de la tarde,)
Tuesday June 4, 2019 7:00 a.m. to 7:00 p.m.
(Martes el 4 de junio, 7.00 de la manana hasta las 7:00 de la tarde,)
And ending on June 4, 2019.
(Termina el 4 de junio de 2019.)
Applications for ballot by mail shall be mailed to:
(Las solicitudes para boletas del voto en ausencia por correo deberan enviarse a j
Bruce Sherbet, Elections' Administrator (Early Voting Clerk)
Collin County Elections Administration Office
2010 Redbud Blvd., Suite 102, McKinney, Texas 75069
Applications for ballots by mail must be received no later than the close of business on
May 28, 2019.
(Las solicitudes para boletas del voto en ausencia por correo deberan recibirse para
el fin de las horas de negocio el 28 de mayo de 2019.)
Carrie L. Smith, City of Anna, City Secretary