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HomeMy WebLinkAboutORD 23-005 ORDINANCE NO. 23-005 AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 6TH OF MAY, 2023 FOR THE PURPOSE OF ELECTING A MAYOR, TWO (2) COUNCILMEMBERS- AT-LARGE AND FOUR (4) WARD COUNCILMEMBERS (WARDS I, II, Ill AND IV) AND; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND PORT OF BEAUMONT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT AND APPROVING A RUNOFF ELECTION IF NECESSARY ON THE 10TH DAY OF JUNE, 2023. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 In accordance with the City Charter, the Constitution, and general laws of the State of Texas, a general municipal election is hereby called and ordered for the first Saturday in May, 2023, the same being the 6th day of said month, at which election all qualified voters residing within the corporate limits of the City of Beaumont may vote for the purpose of electing a Mayor, two (2) Councilmembers-At-Large, and Councilmembers to Wards I, II, III and IV, for full terms. Section 2 No person's name shall be placed upon the official ballot as a candidate for any of the above-mentioned positions unless such person has filed his or her sworn application, as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas Election Code, and Article IV, Section 5 of the Charter of the City of Beaumont, with the City Clerk, not later than five o'clock (5:00) p.m. on the seventy-eighth (78th) day before the date of such election. The City Clerk shall note on the face of each such application the date and time of its filing. A declaration of write-in candidacy must be filed with the City Clerk as provided by Section 146.054 of the Texas Election Code, not later than five o'clock (5:00) p.m. of the seventy-fourth (74th) day before Election Day. Section 3 Said election shall be held jointly with the Beaumont Independent School District and the Port of Beaumont in accordance with Chapter 271 of the Texas Election Code; the Jefferson County Clerk will coordinate, supervise;' and handle all aspects of administering said joint election in accordance with the provisions of the Texas Election Code. Section 4 Legally qualified voters residing within the corporate limits of the City of Beaumont shall be entitled to a vote at said election for the respective candidate(s) and other matters that may appear on the ballot. Section 5 The notice and order of said election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 6 That an electronic voting system, as described by Title 8 of the Texas Election Code, shall be used for said election. Section 7 That the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at the Central Counting Station, 7963 Viterbro Road, Nederland, Texas; Central Counting Station Manager, Wayne Ozio, Tabulation Supervisor, Jeff Ross; and Tabulation Assistant, Haylee Fournier. Section 8 Procuring, allocating, and distributing election supplies shall be prepared in accordance with Title 5 of the Texas Election Code. Section 9 That Roxanne Hellberg, County Clerk of Jefferson County is hereby appointed Clerk for early voting and; pursuant to Chapter 83 Subchapter B of the Texas Election Code, the appointment of Laurie Leister as Deputy Early Voting Clerk is approved, said appointments being without additional compensation. Early voting by personal appearance shall be conducted at the main early voting location, Jefferson County Courthouse 1085 Pearl St., Beaumont, Texas, 77701, with three branch early voting locations at Rogers Park Recreation Center, 6540 Gladys, Beaumont, TX 77706, Theodore Johns Library, 4255 Fannett Rd., Beaumont, TX 77701 and John Paul Davis Community Center, 3580 E. Lucas, Beaumont, TX, 77706. Early voting ballot applications and ballots voted by mail shall be sent to the Jefferson County Clerk's Office, P.O. Box 1151, Beaumont, Texas, 77704-1151. The County Clerk shall keep said office open for at least eight (8) hours between 8:00 a.m. and 5:00 p.m., on each day for early voting or an official State Holiday beginning on the twelfth (12th) day through the fourth (4th) day preceding the date of such election; provided, however, except as authorized by Sections 85.005 (a) and (d), Texas Election Code, said County Clerk shall not permit anyone to vote early by personal appearance on any day or time not designated herein for early voting and under no circumstances shall she permit anyone to vote early by personal appearance at any time when her office is not open to the public for early voting purposes. Early Voting Dates and Times Monday -April 24, 2023(8:00 a.m. to 5:00 p.m.) Tuesday -April 25, 2023(8:00 a.m. to 5:00 p.m.) Wednesday -April 26, 2023 (8:00 a.m. to 5:00 p.m.) Thursday -April 27, 2023(8:00 a.m. to 5:00 p.m.) Friday -April 28, 2023(8:00 a.m. to 5:00 p.m.) Saturday -April 29, 2023 (8:00 a.m. to 5:00 p.m.) Sunday — POLLS CLOSED Monday - May 1, 2023 (7:00 a.m. to 7:00 p.m.) Tuesday - May 2, 2022 (7:00 a.m. to 7:00 p.m.) Section 10 That early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and (5) five clerks, the County Clerk may authorize as many additional clerks as are deemed necessary. Early votes shall be canvassed and returned by the Early Voting Ballot Board to the Central Counting Station by 7:00 p.m. on Election Day. Section 11 If any person or persons appointed herein do not appear, are unable to perform their duties, or fail to perform their duties, the County Clerk shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 12 The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk, as provided by Section 52.094 of the Texas Election Code. The City Clerk shall post a notice in the office of the City Clerk, 801 Main St., Suite 125, Beaumont, Texas, 77701 at least seventy-two (72) hours prior to the date on which the drawing is to be held, of the time and place of the drawing, and shall also give personal notice to any candidate who makes written request for such notice and furnishes to the City Clerk a self-addressed, stamped envelope. Each candidate involved in the drawing, or a representative designated by the candidate, shall have a right to be present and observe the drawing. Section 13 That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 14 That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of January, 2023. ifircelkUM°, . 41tIN J - Mayor R outon - tobin ::M1h(1N YelFI•