RESOLUTION NO. R-__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEW FAIRVIEW, TEXAS, CALLING A GENERAL ELECTION FOR THE OFFICES OF CITY COUNCIL MEMBERS, PLACE 1, PLACE 3 AND PLACE 5, TO BE HELD November 3, 2020; AND A SPECIAL ELECTION FOR AN UNEXPIRED TERM FOR CITY COUNCIL MEMBERS, PLACE 2 AND PLACE 4 TO BE HELD November 3, 2020; AUTHORIZING EXECUTION OF A JOINT ELECTION AGREEMENT WITH THE WISE COUNTY ELECTIONS ADMINISTRATOR TO CONDUCT THE ELECTION; AND PROVIDING PROCEDURES TO CONDUCT THE ELECTION
WHEREAS, the City of New Fairview, Texas (“City”) is a Type A general law municipality governed by Chapter 6 of the Texas Local Government Code; and
WHEREAS, the Texas Election Code establishes November 3, 2020, as the uniform election date for the general election for the City; and
WHEREAS, it is the City Council’s intent that the election be conducted jointly with other political subdivisions of Wise County and be administered by the Wise County Elections Administrator in accordance with the provisions of the Texas Election Code; and
WHEREAS, it is City Council’s intent that the City accept the Wise County Election Administration’s use of the direct recording electronic voting system, which has been certified by the Secretary of State in accordance with the Texas Election Code and approved by the United States Department of Justice; and
WHEREAS, the meeting at which this Resolution is considered is open to the public as required by law, and public notice of the time, place and purpose of said meeting was given as required by Section 551.043 of the Texas Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW FAIRVIEW, TEXAS:
SECTION 1. ORDER FOR GENERAL ELECTION. The City Council hereby calls and orders a general municipal election to be held on November 3, 2020 between the hours of 7:00 a.m. to 7:00 p.m. for the purpose of electing three (3) persons to serve on City Council, Place 1, Place 3 and Place 5 to serve from November 3, 2020 until May 2022, or until their successors are duly elected and qualified.
SECTION 2. ORDER FOR SPECIAL ELECTION. The City Council hereby calls and orders a special municipal election to be held on November 3, 2020, between the hours of 7:00 a.m. to 7:00 p.m. for the purpose of electing two (2) persons to fill unexpired terms for City Council, Place 2, and City Council, Place 4, from November 2020 until May 2021, or until their successor is duly elected and qualified.
SECTION 3. FILING FOR OFFICE. Qualified persons may file as candidates for the general election by filing applications each weekday in the office of the City Secretary during regular office hours of 9:00 a.m. to 5:00 p.m. beginning January 15, 2020 and ending February 14, 2020. Qualified persons may file as candidates for the special election by filing applications each weekday in the office of the City Secretary during regular office hours of 9:00 a.m. to 5:00 p.m. beginning January 21, 2020 and ending March 3, 2020.
SECTION 4. MAIL BALLOTS. Applications requesting a ballot by mail for either early voting or election day voting shall be mailed to: Sabra Srader, Election Administrator, at 200 S. Trinity or P.O. Box 1597, Decatur, Texas 76234. Applications for early voting ballot by mail must be received no later than the close of business on October 23, 2020.
SECTION 5. EARLY VOTING. Early voting by personal appearance will be conducted on the following dates and times beginning October 19, 2020 and ending October 26, 2020. The main early voting location is the Elections Office, 200 S. Trinity Street, Decatur, TX 76234.
October 19, 2020 Monday 8:00 a.m.-5:00 p.m.
October 20, 2020 Tuesday 7:00 a.m.-7:00 p.m.
October 21, 2020 Wednesday 8:00 a.m.-5:00 p.m.
October 22, 2020 Thursday 8:00 a.m.-5:00 p.m.
October 23, 2020 Friday 8:00 a.m.-5:00 p.m.
October 26, 2020 Monday 8:00 a.m.-5:00 p.m.
October 27, 2020 Tuesday 7:00 a.m.-7:00 p.m.
SECTION 6. ELECTION DAY. The elections shall be held jointly with other political subdivisions of Wise County on Saturday, November 3, 2020, between the hours of 7:00 a.m. and 7:00 p.m.
SECTION 7. JOINT ELECTION CONTRACT. Prior to the election, the City anticipates that it will enter into an agreement for election services with the Wise County Elections Administrator. The Mayor is hereby authorized to execute a Joint Election Contract with the Wise County Elections Administrator for the conduct of a joint election to be held on November 3, 2020, and to execute any amendments.
SECTION 8. ELECTION NOTICES. The City Secretary is hereby authorized and instructed to file, publish and/or post, in the time and manner prescribed by law all notices required to be so filed, published, or posted in connection with these elections and to provide and furnish ballot wording to the County election officials.
SECTION 9. APPOINTMENT OF ELECTION OFFICIALS. All election officials, including but not limited to the Early Voting Clerk and election judges, shall be the officials appointed to such positions by Wise County, and to the extent required by law, are hereby so appointed.
SECTION 10. DIRECT RECORDING SYSTEM. In accordance with Section 123.001 of the Texas Election Code, the Direct Recording Electronic Voting Systems approved by the Secretary of State are hereby adopted for the election on November 3, 2020.
SECTION 11. ACCESSIBLE VOTING SYSTEM. Section 61.012 of the Code requires that the City must provide at least one accessible voting system in each polling place used in Texas election on or after January 1, 2006. The City shall use, in Early Voting and Election Day Voting, a voter assist terminal as approved by the Secretary of State.
SECTION 12. ELECTION MATERIALS. The election materials specified in the Texas Election Code shall be printed in both English and Spanish for use at the polling places and for early voting for the election and provisions shall be made for oral assistance to Spanish speaking voters.
SECTION 13. ELECTION RESPONSIBILITY. The City shall contract with the Wise County Elections Administrators to perform all duties normally performed by the City Secretary in regular elections with respect to early voting, election day voting, and preparing the official ballots.
SECTION 14. The election shall be conducted in accordance with the Texas Election Code and the Constitution of the State of Texas.
PASSED AND APPROVED this 20th day of January 2020, by a vote of _____ayes ____nays and _____ abstentions, at a regular meeting of the City Council of the City of New Fairview, Texas.
Joe Wilson, Mayor
Monica Rodriguez, City Secretary