HomeMy WebLinkAboutOrdinance - 2020-O0054 - Postponing the May 2, 2020 General ElectionFirst & Only Reading
March 24, 2020
Item No. 8.19
ORDINANCE NO. 2020-O00S4
AN ORDINANCE POSTPONING THE CITY OF LUBBOCK, TEXAS MAY 2, 2020
GENERAL ELECTION TO THE NOVEMBER 3, 2020 UNIFORM ELECTION DATE AND
PROVIDING FOR PASSAGE ON FIRST READING AS AN EMERGENCY.
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 the 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; and
WHEREAS, on March 16, 2020, the Mayor of the City of Lubbock issued a Declaration
of Disaster for the City of Lubbock regarding the novel coronavirus (COVID-19) epidemic and
the City Council of the City of Lubbock passed a resolution continuing and affirming the
Mayor's Declaration of Disaster; and
WHEREAS, on March 18, 2020, and pursuant to Section 418.016 of the Texas
Government Code, Texas Governor Greg Abbott issued a Proclamation, which is hereby
incorporated and attached herein for all purposes, suspending Section 41.0052(a) and (b) of the
Texas Election Code to allow all local political subdivisions that are utilizing the May 2, 2020
uniform election date to postpone their election to the November 3, 2020 uniform election date,
without otherwise adjusting the term of office; and
WHEREAS, on March 18, 2020 and pursuant to Texas Election Code Sections 31.003
and 31.004, the Texas Secretary of State issued Election Advisory No. 2020-12, which is hereby
incorporated and attached herein for all purposes, that contains guidelines for entities that choose
to exercise this authority and postpone their election to the November uniform election date; and
WHEREAS, in accordance with Article IX, Section 16 of the City of Lubbock
Charter, the City Council finds that there is an emergency situation and must ensure that
this Ordinance is passed on first reading; NOWTHEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS
SECTION 1. THAT the governing body of the City of Lubbock, Texas (the "City") is a
political subdivision in the State of Texas and a home-rule municipality, which ordered its
general election pursuant to City Ordinance No. 2020-00010 to be held on May 2, 2020, and
will exercise its authority to postpone their general election to November 3, 2020.
SECTION 2. THAT the City confirms that the candidate filings for the election will
remain valid for the election held on November 3, 2020, and the filing period will not be re-
opened for the November 3, 2020 General Election.
SECTION 3. THAT the City confirms that all Applications for Ballot By Mail
("ABBMs") for voters that are voting by mail due to being over the age of 65 or due to disability
will still be valid for the postponed election, and that ABBMs for voters who submitted ABBMs
based on expected absence from the county will not be valid for the postponed election.
SECTION 4. THAT the general election will be held on November 3, 2020. The voter
registration deadline is October 5, 2020, the deadline to submit an ABBM is October 23, 2020,
and the dates for early voting are October 19, 2020 — October 30, 2020.
SECTION 5. THAT this Ordinance shall take effect and be in effect immediate after its
passage.
AND IT IS SO ORDERED.
Passed by the City Council by unanimous vote on the first and only reading as an emergency on
March 24 52020
DANIEL M. POPE,'AIAYOR
ATTEST:
Rebecc arza, City Secr y
APPROVED AS TO CONTENT:
Reb cca Garza, City S cre y
APPROVED AS TO FORM:
Amy L im , eputy City Attorney