HomeMy WebLinkAboutResolution - 2024-R0054 - Council Member, District 3, May 4, 2024, Notice Of Special Election - 01/23/2024Resolution No. 2024-0054
Item No. 6.31
January 23, 2024
RESOLUTION AND ORDER
WHEREAS, the resignation of Mark McBrayer, District 3 Councilman, occurred on
January 10, 2024, as a result of said Councilman announcing his candidacy for Mayor in the
May 4, 2024, City regular election of officers; and
WHEREAS, such resignation occurred by operation of law in accordance with Article
11, Section 11, and Article 16, Section 65, of the Texas Constitution; and
WHEREAS, such automatic resignation and acceptance has created a vacancy on the
City Council of the City of Lubbock; and
WHEREAS, the next available election date complying with the requirements of the
Texas Constitution, the Texas Election Code and the City Charter is May 4, 2024; and
WHEREAS, Sections 3.004, and 201.051 of the Texas Election Code require the City
Council to order an election to fill said vacancy as soon as practicable after the vacancy
occurs; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock, Texas, hereby accepts the automatic
resignation of Councilman Mark McBrayer on January 10, 2024, and orders a special election
to fill the vacancy in the position of Council Member, District 3, to be conducted May 4,
2024, for the purpose of filling the vacancy created by the resignation of Councilman
McBrayer for the unexpired term remaining for the position of Council Member, District 3,
and the Mayor of the City of Lubbock is hereby authorized and directed to execute an official
order and notice of special election to fill the vacancy in the position of Council Member,
District 3, on Saturday, May, 4, 2024.
Passed by the City Council this 23rd day of January , 2024.
TRAY PA E, MAYOR
AT' �ST:
Co ney Paz, City Secretary
AP OVED AS TO CON NT:
Courtney Paz, City Secretary
APl'ROVED AS TO FORM:
. '
A . 'rfns, Dep rt ey -
Resolution No. 2024-0054
ORDER ANO NOTICE
OF
SPECIAL CITY ELECTION
ELECTION ORDER
I, Tray Payne, Mayor of the City of Lubbock, Texas, by virtue of the authority vested in
me by law, and according to the Charter of the City of Lubbock, the Texas Local Government
Code, the Texas Election Code and a Resolution heretofore duly enacted by the City Council of
the City of Lubbock calling for a Special City Election to be held in the City of Lubbock, Texas,
on the 4th day of May, 2024, such day being the first uniform election date available for the
purpose of electing the following named officer of the City of Lubbock due to the automatic
resignation of Mark McBrayer on January 10, 2024:
COUNCILMEMBER, DISTRICT 3 (UNEXPIRED TERM)
An electronic voting system shall be used for such election, including early voting. Said
Special City Election shall be held at the places in the City of Lubbock hereinafter designated as
voting precincts and in the voting places designated on Exhibit A hereto. Said Exhibit A shall
be made a part hereof for all intents and purposes. Voting places shall be open from 7:00 a.m. to
7:00 p.m. and all electors shall vote a ballot appropriate for the precinct of their residence at any
Countywide Polling Place (Vote Center) shown in Exhibit A, as provided for in Section 43.007
of the Texas Election Code.
The persons named in Exhibit A are hereby appointed Judges and Alternate Judges to
conduct said Special City Election on May 4, 2024. Each Presiding Judge so named is
authorized to appoint the number of clerks authorized by the City Secretary of the City of
Lubbock, which number shall be not less than two (2) clerks, nor more than six (6) clerks. The
Alternate Judges shall serve as Presiding Judges in the event that the regularly appointed
Presiding Judge is unable to serve. The Alternate Judges shall be appointed by the Presiding
Judge to serve as one of the clerks in the event that the regularly appointed Presiding Judge
conducts the election. The filing deadline for an application for a place on the ballot shall be
5:00 p.m. of the 62nd day before the Election Day (March 4, 2024).
Early voting by personal appearance shall commence on the 22nd day of April, 2024, and
end on the 30th day of April, 2024. Said early voting shall be conducted at the locations, days,
and hours indicated on Exhibit B hereto.
An accessible electronic voting system shall be used for this election, including early
voting. At least one accessible voting device approved and certified by the Texas Secretary of
State shall be provided in each polling place and in every polling location used to conduct said
City Special Election. Said approved and certified accessible electronic voting system shall be
supplied for said City Special Election by Lubbock County, acting by and through its Elections
Administrator. The sealed ballot box procedure established by Subchapter C, Chapter 127, Texas
Election Code, shall be used for this election.
This Special City Election shall be conducted as a joint election with Lubbock County
pursuant to a Joint Election Agreement.
ELECTION NOTICE
The Mayor of the City of Lubbock hereby gives notice of the above named City of
Lubbock Special Election and the City Secretary of the City of Lubbock is hereby ordered to
cause publication of the Special City Election on May 4, 2024, by publication of this Order and
Notice of Special City Election in a newspaper of general circulation at least once no earlier than
the 30th day or later than the l Oth day before Election Day. In addition, a copy of this Order and
Notice of Special City Election shall be posted not later than the 21 st day before Election Day on
the bulletin board used for posting notices of ineetings of the governing body, and a notice of
consolidation shall be posted prior to the day of the election at any polling places not
consolidated at the last previous election, which notice shall indicate the precinct of
consolidation and the location of the new polling place.
The City Secretary shall serve a duly certified copy of this Election Order and Notice of
Special City Election upon each of the Presiding Judges named in Exhibit A attached hereto not
later than the 7th day after the signing of this Election Order and Notice or the 15th day before
the Election Day, whichever is later.
SIGNED AND EXECUTED at Citizens Tower, 1314 Avenue K, in Lubbock, Texas, this
23rd day of January, 2024.
ATTEST:
Courtney Paz, City Secre ary
APPROVED AS TO TENT:
Courtney Paz, City Secret
APPROVED AS TO FORM:
�►-
Amy ims, Depu ity Attorney