What are the rules here?

The Times published this in it’s recent article about our city representative who has announced his candidacy for county judge:

City Attorney Sylvia Borunda Firth said the city could wait until the next uniform election date or follow the recently amended El Paso City Charter. The charter provides that when a special election is required, the city can schedule it for the next uniform election date or the date of the next election that will be conducted by the county elections administrator. That choice is up to the council, Firth said.

Article 11, section 11B of the Texas Constitution has this:

(b) A municipality so providing a term exceeding two (2) years but not exceeding four (4) years for any of its non-civil service officers must elect all of the members of its governing body by majority vote of the qualified voters in such municipality, and any vacancy or vacancies occurring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur.

Further the blog Anson Mills posted this from the state election code:

Section 41.007(d)  “No other election may be held on the date of a primary election.”

I believe that the state constitution trumps the city charter.  If so, the city attorney is wrong.

Is the city attorney telling us that the city is going to fight the state again?

Please set me straight if I have missed something.

We deserve better

Brutus

One Response to What are the rules here?

  1. Haiduc's avatar Haiduc says:

    The problem is that there are too many laws….and not enough good politos to do the right thing.

    Like

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