R-2020-0085 - 4/9/2020RESOLUTION NO. R-20,20-0085
A RESOLUTION OF THE CITY OF ROUND ROCK, TEXAS, POSTPONING THE
GENERAL AND SPECIAL ELECTIONS TO BE HELD ON MAY 2, 2020; EXTENDING
TERMS UNDER THE HOLDOVER PROVISION OF THE TEXAS CONSTITUTION;
AND ORDERING OTHER MATTERS INCIDENT AND RELATED TO THE
POSTPONEMENT OF SUCH ELECTION.
WHEREAS, on January 23, 2020, the City Council (the "Council") of Round Rock,
Texas (the "City"), ordered a general and special election to be held on May 2, 2020 for the
purpose of electing a. Mayor, Councilmember Place 1 and Councilmember Place 4 and to submit
to voters certain proposed amendments to the City's Home Rule Charter; and
WHEREAS, on March 13, 2020, the Governor of Texas certified that the novel
coronavirus (COVID-19) poses an imminent threat of disaster and, under the authority vested in
the Governor by Section 418.014 of the Texas Government Code, declared a state of disaster fir
all counties in Texas;; and
WHEREAS, Section 41.0052 of the Texas Election Code prescribes a procedure for a
political subdivision to change a general election date, but the time for making such a change has
expired; and
WHEREAS, the Governor of the State of Texas issued a proclaration on March 18,
2020, suspending Section 41.0052(a) and (b) of the Texas Election Code to the extent necessary
to allow political subdivisions that would otherwise hold elections on May 2„ 2020, to move their
general and special elections for 2020 only to the next uniform election. date, occurring on
November 3, 2020, without otherwise adjusting the term of office, and suspending Sections
31.093 and 42.0621(c) of the Texas Election Code to the extent necessary to require all county
election officers, if requested by an affected political subdivision, to enter into a contract to
furnish election services with any political subdivision that postponed its election to November
3, 2020; and
WHEREAS, Tex. Const. art. XVI § 17 requires officers within the State of Texas to hold
over and continue the performance of their duties until their successors shall be duly qualified;
and
WHEREAS, the Council finds that it is in the public interest to move the City's election
from the May 2, 2020, uniform election date as set forth herein;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ROUND ROCK, TEXAS THAT:
Section 1. _Moving Election Elate. The Council is exercising authority granted by the
Governor's proclamation and is hereby postponing the election that would have been held on
Saturday, May 2, 2020, to now be held on the next uniform election date, which is Tuesday,
November 3, 2020, however, if an earlier date, occurring after May 2, 2020, but before
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November 3, 2020, :is authorized by the Governor of the State of Texas, the City Council may
consider holding the general and special election originally scheduled for May 2, 2020 on such
earlier date.
Section 2. Effect of Changing Date on Candidate Filings. It is only the date of the
election that is being; changed. The candidate filing period for the election will not be re -opened
for the November 3, 2020, uniform election date or any earlier election date authorized by the
Governor. All valid, accepted candidate applications that were filed with the Council for the
election that was to be held on May 2, 2020, will remain valid.
Section 3. Effect of Changing Date on Applications for Ballot by Mail. All
applications for ballot by mail submitted by voters that are over the age of 65 or disabled will
still be valid for the November 3, 2020, election or any earlier election date authorized by the
Governor. However, applications for ballot by mail submitted by voters not over the age of 65 or
disabled, but based on expected absence from the county, will not be valid for the November 3,
2020, election or any other earlier election date authorized by the Governor. Applications for
ballot by mail for the November 3, 2020, election based on expected absence from the county,
and new applications by persons over the age of 65 or disabled, will need to be received by
October 23, 2020. Any mail -in ballots already sent out by the early voting clerk that are returned
by the voter to the early voting clerk will be valid for the November 3, 2020, election.
Section 4. Effect of Changing Date on Election Deadlines. Updated relevant
deadlines and dates for voters for the November 3, 2020, election:
Voter Registration Deadline: October 5, 2020
Deadline to submit an Application for Ballot by Mail: October 23, 2020
Dates for Early Voting: October 119, 2020 — October
30, 2020
Section 5. Effect of Chang In Dates on Order of Election. The Council will meet
no later than August 17, 2020 to make any necessary revisions to the City's original ordinance
ordering the election, which was adopted January 23, 2020. Those revisions may include:
l . The change of the date of the election;
2. Any changes in location of the main early voting location;
3. Any changes to early voting dates and hours, including weekend early voting;
4. Any changes to the identity of the early voting clerk and their contact
information; or
5. Any changes to early voting branch locations.
Section 6. Preamble Incorporation. The recitals contained in the preamble hereof
are; hereby found to be true, and such recitals are hereby made a part of this Resolution for all
purposes, and are adopted as a part of the judgment and findings of the Council.
Section 7. Inconsistent Provisions. All orders and resolutions, or parts thereof,
which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to
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the extent of such conflict, and the provisions of this Resolution shall be and remain controlling
as to the matters ordered herein.
Section 8. Governing Law. This Resolution shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
Section 9. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance shall be held to be invalid, the remainder of this Resolution and
the supplication of such provision to other persons and circumstances shall nevertheless be valid,
and the Council hereby declares that, had the invalidity been known at the time, this Resolution
would have been enacted without such invalid provision.
Section 10. Notice of Meeting. The Council hereby finds and declares that a written
notice of the date, hour, place and subject of the meeting at which this officially finds,
determines, recites, and declares that written notice of the date, hour, place, and subject of the
meeting at which this Resolution is adopted was posted on a bulletin board located at a place
convenient to the public for at least seventy-two (72) hours preceding the scheduled time of the
meeting; that a telephonic or telegraphic notice of such meeting was given to all news media who
have consented to pay any and all expenses incurred by the City in connection with providing
such notice, both as required by the Open Meetings Act, Chapter 551, Texas Government Code,
as amended; and that such meeting was open to the public as required by law at all times during
which this Resolution and the subject matter thereof was discussed, considered, and formally
acted upon. The Governor has suspended and modified certain open meeting requirements
pursuant to his disaster declaration. These changes include allowing the City to establish
procedures for telephonic or video-conferenced meetings that are accessible to the public.
Section 11. Authorization to Execute. The Mayor is authorized to execute and the
City Clerk is authorized to attest this Resolution on behalf of the City; and the Mayor is
authorized to do all other things legal and necessary in connection with the holding and
consummation of the election.
Section 12. Effective Date. This Resolution is effective immediately upon its passage
and approval.
RESOLVED this 9th day of April, 2020.
CITY OF ROUND ROCK, TEXAS
Craig organ, or
ATTEST:
II
AP/1 - WY"
Sara White, City Clerk
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