R2023-255 2023-10-09_English RESOLUTION NO. R2023-255
A Resolution of the City Council of the City of Pearland, Texas, ordering a
Special l Election to be held on the 9th day of December 2023, establishing
the procedure; and providing for other related matters related thereto.
Whereas, Section 41.001 of the Texas Election Code, as amended (hereinafter referred
to as the “Code”) establishes December 9, 2023 as a “uniform election date” for the purposes of
conducting an election; and
Whereas, the City of Pearland, Texas (hereinafter the “City”), wishes to order a special
election for the purpose of electing two (2) councilmembers by position, from the City at large,
councilmember, Position three (3); and Councilmember, Position six (6), for the remainder of the
terms; and
Whereas, the Pearland City Council wishes to proceed with the ordering of such an
election and the City Council has determined that holding such an election is in the public interest;
and
Whereas, the laws of the State of Texas further provide that the Texas Election Code
("Code") is applicable to all special municipal elections and in order to comply with said Code, an
ordinance should be passed establishing the procedures to be followed for the December 9, 2023,
election;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Special Election Ordered . In accordance with the Charter of the City of
Pearland and the laws and the Constitution of the State of Texas, a Special Municipal Election is
hereby ordered to be held in and throughout the City of Pearland on December 9, 2023, between
the hours of 7:00 o'clock a.m. and 7:00 o'clock p.m. at which Special Election all qualified voters
of the City of Pearland, Texas (the "City") may vote for the purpose of electing the following
officials of the City: Councilmember, Position three (3); and Councilmember, Position six (6).
Section 2. Placement on Official Ballot. That any eligible and qualified person may
have his/her name printed upon the official ballot as an independent candidate for the office of
Councilmember by filing a sworn application with the City Secretary of the City of Pearland, no
later than 5:00 p.m., Monday, October 30, 2023. Candidates shall file their applications with the
City Secretary on any weekday that is not a City holiday, between 8:00 a.m. and 5:00 p.m.,
Monday through Friday. The form of the sworn application for the candidates for the office of
Councilmember shall be as set forth by Section 141.031 of the Texas Election Code.
Section 3. Drawing. The order in which the names of the candidates for each office
are to be printed on the ballot shall be determined by a drawing conducted by the City Secretary
as provided by the Texas Election Code. Such drawing will be held in the Office of the City
Secretary at City Hall on Monday, October 30, 2023 at 5:30 p.m., for the special election.
Section 4. Joint Election. The special election called in Section 1 hereof shall be held
as a joint election and authorize the City Secretary to execute a contract with Brazoria County to
conduct the election.
Section 5. Polling Locations. The City shall use the polling places along with election
officials for the special election ordered in Section hereof as designated by Brazoria County.
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Section 6. Early Voting. Each qualified voter who desires to cast an early vote shall
be entitled to an official ballot and the right to cast such ballot in accordance with the provisions
of the Texas Election Code. Early voting will be conducted by the Early Voting Clerks at the places
designated by Brazoria County as described in “Exhibit A”. Early voting by personal appearance
shall commence on November 27, 2023, and end on December 5, 2023, in accordance with the
schedules adopted by Brazoria County.
Applications for a ballot to be voted on by mail should be mailed as follows:
By Regular Mail By Fax By Common or
Contract Carrier
Joyce Hudman
County Clerk
111 E Locust Ste 200
Angleton, TX 77515
979 -864 -1011
Joyce Hudman
County Clerk
111 East Locust, Suite 200
Angleton, Texas 77515-4654
By email: ABBM@brazoriacountytx.gov
Phone No.: 979-864-1662, 281-756-1662 or 979-388-1662
Website: https://www.brazoriacountyclerktx.gov/departments/elections/vote-by-mail
If an application is sent to the early voting clerk by fax or email, the original application
must still be mailed, and received by the early voting clerk no later than the 4th business day after
receiving the emailed or faxed ABBM or faxed FPCA, to the address shown above for Regular
Mail.
The last day to submit an application for a ballot to the respective Early Voting Clerk to be
voted by mail is November 28, 2023 (received, not postmarked).
Section 7. Election Polling Places and Voting Hours on Election Day. The election
precincts for the Special Election are the Brazoria County Vote Centers as described in “Exhibit
A” or at such other locations as hereafter may be designated by the Administrator. On Election
Day the polls shall be open from 7:00 o'clock a.m. and 7:00 o'clock p.m.
Section 8. Central Counting Stations. The Central Counting Stations to receive and
tabulate voted ballots shall be at the located at the Brazoria County East Annex, 1524 E Mulberry,
Angleton, TX 77515.
Section 9. Election Notice. The special election shall be held in accordance with, and
shall be governed by, the election laws of the State of Texas. In the special election, the Mayor
and the City Secretary of the City of Pearland shall do and perform each act as required to be
done and performed respectively by the County Judge and the County Clerk of the
Commissioners' Court. The notice of the special election shall be given by posting a copy of this
election resolution at City Hall, not later than the 21st day prior to the date set for the election;
and a copy of this election resolution also shall be published at least once in a newspaper of
general circulation published in the City, the date of the first publication to be not more than 30
days and not less than 14 days prior to the date set for the special election. Notice of the special
election shall also be provided to the Brazoria County Clerk not later than the 60th day before the
date of the election ordered herein.
Section 10. Determination of Ballots for Special Election. The candidates receiving a
majority of votes for the position to be filled at such election shall be declared elected.
Section 11. Further Action. The City Secretary is further authorized to give or cause to
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be given notices required for the special election, and to take such other and further action as is
required to conduct such election in compliance with the Texas Election Code.
Section 12. Compliance with Law. In all matters relating to ordering, giving notice, and
holding the special election, the City shall comply with the applicable parts of the Texas Election
Code, including Chapter 272 of the Texas Election Code pertaining to bilingual requirements, and
the Federal Voting Rights Act of 1965, as amended.
Section 13. Open Meetings Act. It is further found and determined that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted
at a place convenient to the public at the City Hall of the City for the time required by law preceding
this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and
that this meeting has been open to the public as required by law at all times during which this
Resolution and the subject matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms such written notice and the contents
and posting thereof.
Section 14. This Resolution is effective immediately upon its Passage and approval.
PASSED, APPROVED and ADOPTED this the 9th day of October, A.D., 2023.
_____________________________
J. KEVIN COLE
MAYOR
ATTEST:
_____________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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“Exhibit A”
EARLY VOTING
DATES AND HOURS:
November 27 – December 2 8 AM – 5 PM
December 4 – December 5 8 AM – 5 PM
LOCATIONS:
Pearland East .........................Tom Reid Library, 3522 Liberty Dr
Pearland West ........................West Pearland Community Center, 2150 Countryplace Pkwy
Shadow Creek ........................West Pearland Library, 11801 Shadow Creek Pkwy
ELECTION DAY VOTING
DATES AND HOURS:
December 9 7 AM – 7 PM
LOCATIONS:
Pearland East .........................Tom Reid Library, 3522 Liberty Dr
Pearland West ........................West Pearland Community Center, 2150 Countryplace Pkwy
Shadow Creek ........................West Pearland Library, 11801 Shadow Creek Pkwy
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