20-742ORDINANCE NO. 20-742
AN ORDINANCE AMENDING ORDINANCE NO. 20-265 ORDERING A SPECIAL
ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 2, 2020 AND, IF A
RUNOFF ELECTION IS REQUIRED, ON JUNE 13, 2020, TO FILL A VACANCY IN
DISTRICTS 1 AND 2 FOR THE UNEXPIRED TERM ENDING IN MAY, 2021, TO
POSTPONE THE DATE OF THE ELECTION; CONFIRMING CANDIDATE FILINGS;
PROVIDING DATES FOR VOTER REGISTRATION, APPLICATIONS FOR A BALLOT BY
MAIL, AND EARLY VOTING; AUTHORIZING THE CITY MANAGER TO JOIN A
PETITION APPROVED BY CITY COUNCIL TO THE GOVERNOR FOR AN ELECTION
DATE PRIOR TO NOVEMBER 3, 2020; AUTHORIZING THE CITY MANAGER AND CITY
SECRETARY TO COORDINATE WITH THE ELECTIONS ADMINISTRATOR OF DENTON
COUNTY AS NECESSARY; PROVIDING A SAVINGS CLAUSE; PROVIDING AN OPEN
MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 24, 2019, Council Member Gerard Hudspeth submitted his
resignation as a member of the Council District 1 to become effective at the time of the canvass of
the results of the City Council election to be held May 2, 2020, as required by the City Charter;
and
WHEREAS, on December 20, 2019, Council Member Keely Briggs submitted her
resignation as a member of the Council District 2 to become effective at the time ofthe canvass of
the results of the City Council election to be held May 2, 2020, as required by the City Charter;
and
WHEREAS, the City Secretary formally accepted the resignations of Council Members
Gerard Hudspeth and Keely Briggs, respectively, with City Council notified of same; and
WHEREAS, on February 4, 2020, the City Council passed Ordinance No. 20-265 which
ordered a special election for council members for Districts 1 and 2 of the City Council, to fill the
unexpired term following the above-referenced resignations; and
WHEREAS, on March 13, 2020, the Mayor declared a state of emergency related to the
COVID-19 pandemic; and
WHEREAS, on March 17,2020, the City Council through Ordinance No. 20-721 extended
the state of emergency; and
WHEREAS, on March 18, 2020, Governor Greg Abbott issued a proclamation, attached
hereto as Exhibit "A" (the "Proclamation") suspending Section 41.0052( a) and (b) of the Texas
Election Code and allowing political subdivisions to move their general and special elections set
on May 2, 2020 to the next uniform election date, November 3, 2020, without otherwise adjusting
the term of office; and
WHEREAS, the City Council finds it is in the public health, safety, and interest to postpone
the special election of council members for Districts 1 and 2 pursuant to the Proclamation; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
true and correct and are hereby incorporated into the body of this Ordinance by reference.
SECTION 2. Pursuant to the March 18, 2020 Proclamation of Governor Greg Abbott, City
of Denton Ordinance No. 20-265 is hereby amended to postpone the date of the ordered special
election for the purpose of electing council members to fill the unexpired terms, ending in May
2021, for Districts 1 and 2 from Saturday, May 2, 2020, to Tuesday, November 3, 2020. In the
event a runoff is required, the runoff election shall be ordered in accordance with law.
SECTION 3. Pursuant to the March 18, 2020 Proclamation of Governor Greg Abbott, the
voter registration deadline is October 5, 2020, the deadline to submit an applications for a ballot
by mail (ABBM) is October 23, and the dates for early voting are October 19, 2020 through
October 30, 2020.
SECTION 4. The candidate filings for the election originally ordered for May 2, 2020
will remain valid for the election held on November 3, 2020 and that filing period will not be re-
opened for the November election date.
SECTION 5. All ABBMs due to being over the ages of 65 or due to disability will still
be valid for the November 3, 2020 ele ction; ABBMs for voters who submitted ABBMs based on
expected absence from the country will not be valid for the November 3, 2020 election.
SECTION 6. The City Manager is authorized to join, on behalf of the City, a petition
approved by City Council with other Texas municipalities requesting an election date prior to
November 3, 2020. The City reserves the right to further amend to Ordinance 20-265 including
this Ordinance with a different date, except that if no further amendment is made by May 31, 2020,
the City will cease petitioning for a different date.
SECTION 7. The City Manager and City Secretary are authorized to work with the
Elections Administrator of Denton County to confirm the locations, dates, and times for early
voting by personal appearance and for any other purpose related to the election.
SECTION 8. All other portions of Ordinance No. 20-265 not specifically amended above
shall remain in full force and effect.
SECTION 9. The manner of holding such election and all questions pertaining thereto shall
be governed by the election laws ofthe State of Texas.
SECTION 10. The City Council has found and determined that the meeting at which
this Ordinance is considered is open to the public, and that notice thereof was given in
accordance with provisions of the Texas open meetings law, as amended by the Governor
during a declared state of emergency, and that a quorum of the City Council was present.
SECTION 11. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by GE£R£D fltAcDSfJGTI/and seconded
by Je-~e D/1 V16 , the ordinance was passed and approved by the
following vote [£_ -.3 1:
Aye
Chris Watts, Mayor:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the ;af:lt
Nay
v
v'
Abstain Absent
March 18,2020
The Honorable Ruth R. Hughs
Secretary of State
State Capitol Room 1E.8
Austin, Texas 78701
Dear Secretary Hughs :
"EXHIIT A"
GOVERNOR GREG ABBOTT
Pursuant to his powers as Governor of the State of Texas, Greg Abbott has issued the following:
A proclamation suspending Sections 41.0052(a) and (b) of the Texas Election Code and
Section 49.103 of the Texas Water 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 who
postponed their election to November 3, 2020, under the authority of this proclamation.
The original of this proclamation is attached to this letter of transmittal.
Attachment
PoST OFFICE Box 12428 AUSTIN, TEXAS 78711512-463-2000 (VOICE) DIAL 7-1-1 FoR RELAY SERVICES
PROCLAMATION
BY THE
TO ALL TO WHOM THESE PRESENTS SHALL COME:
WHEREAS, Section 41.001(a)(2) of the Texas Election Code provides that a general or
special election in this state shall be held on a uniform election date, and the next uniform
election date is occurring on May 2, 2020; and
WHEREAS, Section 49.103 of the Texas Water Code provides that certain districts
governed by this provision are required to hold director elections in May of each even-
numbered year; 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, Section 31.093 of the Texas Election Code requires a county elections
administrator to enter into a contract to furnish election services upon request of a
political subdivision; and
WHEREAS, Section 42.0621 (c) of the Texas Election Code does not require a political
subdivision to enter into a contract with a county or hold a joint election with a county on
the November uniform election date; 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 for all counties in Texas; and
WHEREAS, pursuant to Section 418.016 of the Texas Government Code, the Governor
has the express authority to suspend the provisions of any regulatory statute prescribing
the procedures for conduct of state business or the orders or rules of a state agency if
strict compliance with the provisions, orders, or rules would in any way prevent, hinder,
or delay necessary action in coping with a disaster.
NOW, THEREFORE, I, GREG ABBOTT, Governor of Texas, under the authority vested
in me by the Constitution and Laws of the State of Texas, do hereby suspend Sections
4l.0052(a) and (b) of the Texas Election Code and Section 49.103 of the Texas Water
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. I further suspend Sections 31.093 and 42.062l(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 who postponed their election to November 3, 2020, under the
authority of this proclamation.
The authority ordering the election under Section 3.004 of the Texas Election
Code is the authority authorized to make the decision to postpone its election in
accordance with this proclamation.
Current office holders will hold over to the extent authorized by Article XVI,
Section 17 of the Texas Constitution.
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
10~ OOA""'-O'CLOCK
MAR 18 2020
Governor Greg AJJboU
March 18, 2020
ATIESTED BY:
itUTH R. HUGHS
Secretary of State
Proclamation
Page2
IN TESTIMONY WHEREOF, I
have hereto signed my name and
have officially caused the Seal of
State to be affixed at my office in the
City of Austin, Texas, this the 18th
day of March, 2020 .
Governor of Texas
FILED IN THE OFFICE OF THE
SECRETARY OF STATE
10 ! t>O.oi""'O'CLOCK
MAR 1 8 2020