Denton City Charter - Article III (Excerpt) 12/23/2020 Denton,TX Code of Ordinances
ARTICLE III. - NOMINATIONS AND ELECTIONS
Sec. 3.01. - Municipal elections.
(a) The regular election for the choice of members of the City Council as provided in Article II shall be
held each year on the uniform election day for municipal elections in May established by the
Election Code. The Council may by resolution or ordinance order special elections which shall be
held as nearly as practicable according to the provisions for a regular election. The hours and
places for holding all City elections shall be determined by the City Council. All elections shall be
conducted in accordance with the Election Code and all other applicable laws as they now read or
may hereafter be amended.
(b) On the first Saturday in April immediately following adoption of Section 2.01, and the drawing of
election district boundaries by the council, the voters shall elect:
(1) The mayor, place seven (7), for a term of two (2)years.
(2) Two (2) councilmembers, places five (5) and six (6), for terms of two (2)years each.
(3) One (1) councilmember for an interim term of one (1)year. This position shall be
denominated for such interim term as place four(4) and such councilmember shall be elected
from the city at large and may be a resident of any district.
At the next following regular annual municipal election after the one referred to above in this
section, the district and at large system provided in Section 2.01 shall take full effect.
(c) Councilmembers holding office at the time the charter amendments to Section 2.01 are adopted
(places one (1), two (2) and three (3)) shall serve the remainder of their unexpired terms as at
large members of the council.
(d) If any councilmember whose term would not otherwise expire at the time of the canvass of the
results of the election specified in Section 3.01(b) shall enter said election, such councilmember's
term shall be deemed to have been vacated at the time of the canvass of said election results,
whether the candidacy of said councilmember is successful or not.
(e) Neither the mayor nor any member of the council shall become a candidate for election to any
position on the council, other than for reelection to the same seat, unless such candidate shall
first submit to the city secretary his written resignation from the council to be effective at the
time of the canvass of the results of the next regularly scheduled election. If such candidate's
unexpired term would otherwise extend beyond the date of such canvass, the city secretary shall
notify the council and an election shall be held on the date of the next regularly scheduled
election to fill the unexpired term of said resigning councilmember.
(Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057, Amend. No. 7, 2-16-99, ratified 5-1-99; Ord.
No. 2006-232, Amend. No. 7, 8-28-06, ratified 11-7-06)
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Sec. 3.02. - Nominations.
(a) Any qualified person may have his or her name placed on the ballot as a candidate for
councilmember by filing with the city secretary not more than ninety(90) days nor less than thirty
(30) days prior to the date of election an application in substantially the following form:
I, , do hereby declare that I am a candidate for the Council of the City of Denton and
request that my name be printed upon the official Ballot for that office in the next city election. I
am aware of the nepotism law, chapter 573 of the Government Code. I am qualified to serve on the
council with respect to the qualifications set forth in the Charter. I reside at Denton,
Texas.
Signed
The foregoing petition was filed with the City Secretary on the day of , 19
City Secretary
(b) As an alternative method, any qualified person may be nominated for councilmember by a
written petition signed by the greater twenty five (25) qualified voters of the city or one-half of
one percent of the total votes received by all candidates for mayor in the most recent mayoral
general election, provided the candidate signs the petition certifying his or her acceptance. One
such petition shall be circulated and signed for each nominee or candidate. With each signature
shall be stated the place of residence of the signer, giving the street and number or other
description sufficient to identify it. Nominating petitions shall be filed with the city secretary not
more than ninety(90) days nor less than thirty(30) days before the election day, and shall be in
substantially the following form:
We, the undersigned electors of the City of Denton, hereby nominate whose residence
address is as a candidate for councilmember of the City of Denton, to be voted for at
the election to be held on the day of , 19 ; and we individually certify that we are
qualified to vote for a candidate for the council.
Name Address Date of Signing
(Spaces for the greater twenty five (25) or one-half of one percent of the total votes received for
candidates for Mayor signatures and required data)
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Acceptance of Nomination
I am qualified to serve on the council of the City of Denton with respect to the qualifications set
forth in this Charter. I hereby accept the nomination for councilmember and agree to serve if
elected.
Signature of Candidate
Statement of Circulator
The undersigned is the circulator of the foregoing petition containing signatures. Each signature
was appended thereto in my presence and is the genuine signature of the person whose name it
purports to be.
Signature of Circulator
Address of Circulator
The foregoing petition was filed with the City Secretary on the day of , 19
City Secretary
(Ord. No. 99-057, Amend. No. 8, 2-16-99, ratified 5-1-99)
Sec. 3.03. - Official ballot.
The city secretary shall make up the official ballot from the names presented to him. The order in which
the names of the candidates for each place shall appear on the ballot shall be determined by lot in a
drawing held under the supervision of the city secretary, at which drawing each candidate or his designated
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representative shall have a right to be present. All official ballots shall be printed at least twenty(20) days
prior to the date of any general or special election, and absentee voting shall be governed by the general
laws of the State of Texas.
Sec. 3.04. - Canvass: Election returns, results.
(a) Immediately after counting the votes, the presiding judge shall deliver the official returns of the
election to the city secretary. Not earlier than the third day or later than the sixth day after the
election or as otherwise required by the Election Code and all other applicable laws, the city
council shall canvass the returns and declare the results. The returns of every municipal election
shall be recorded in the minutes of the council.
(b) The candidates receiving the majority of the votes cast for each place shall be declared elected. If
no candidate receives a majority, or if there is a tie for any one place, the council shall order a
runoff election which shall be held not earlier than the twentieth or later than the thirtieth day
after the date the final canvass of the regular election is completed or as otherwise required by
the Election Code and all other applicable laws. Only the names of the candidates who tie for the
highest number of votes cast for that place, or the two (2) candidates who receive the highest
number of votes with neither having a majority of votes cast for that place, shall be printed on
the ballot for each election. In the event of a tie vote at the runoff election, the candidates who tie
shall cast lots in the presence of the City Secretary to determine which one shall be declared
elected, and said lots shall be cast within five (5) days of the runoff election in accordance with
Section 2.028 of the Election Code and all other applicable laws.
(c) Immediately after the election results have been declared the mayor shall deliver certificates of
election to the successful candidates. Each councilman shall take the oath of office as soon
thereafter as practicable at which time his term of office shall begin.
(Ord. No. 76-12, Amend. No. 1, 4-5-76; Ord. No. 79-86, § 2, 12-11-79, ratified 1-19-80; Ord. No. 99-057,
Amend. No. 9, 2-16-99, ratified 5-1-99)
Sec. 3.05. - Regulation of elections.
Except as otherwise provided by this charter, all city elections shall be governed by the applicable
provisions of the Election Code of the State of Texas, as now or hereafter amended. The council shall have
the power to make such additional regulations as may be necessary.
State Law reference— Elections, V.T.C.A., Election Code § 1.005 et seq.
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