HomeMy WebLinkAboutPO 5749: CANVASSINGinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney ~ ~
Date: May 18, 2007
Subject: P. O. 5749; Council Meeting May 22, 2007
Attached is P. O. 5749 canvassing the returns and declaring
the results of a General and Special Election held in the City of
Port Arthur on Saturday, the 12th day of May, 2007; a General
Election for the purpose of electing the position of Mayor; and a
Special Election for filling the Council vacancies from Districts
1 and 2, and ordering a Runoff Election for June 30, 2007.
MTS:ts
Attachment
cc: VIA FACSIMILE (409) 839-2394
Carolyn Guidry
County Clerk
JEFFERSON COUNTY
VIA FACSIMILE (409) 880-3121
Tyronne Cooper
City Attorney
CITY OF BEAUMONT
VIA FACSIMILE (409) 880-3740
Tina Broussard
City Clerk
CITY OF BEAUMONT
z .po5749
P. O. No. 5749
05/18/07 ts
ORDIN~/~CE NO.
AN OPd}INANCE CANVASSING THE RETb-P~NS ~ DECL~RING THE
RES~/LTS OF A GENEP~L ~ SPECIAL ELECTION HELD IN THE
CITY OF PORT ARTHUR ON SATURDAY, THE 12TH DAY OF MAY,
2007; A GENEP~L ELECTION FOR THE PURPOSE OF ELECTING THE
POSITION OF M~YOR; ~ A SPECIAL ELECTION FOR FILLING THE
COUNCIL1rACANCIES PI~OM DISTRICTS i ~ 2, ~ ORDERING A
RUNOFF ELECTION FOR JUNE 30, 2007
WHERP_~S, the City of Port Arthur is a home rule city with a
governing body composed of
as delineated below:
District
a Mayor and eight (8) Councilmembers
Mayor 0rtiz
Councilmember Lewis 1
Councilmember Barker 2
Councilmember Henderson 3
Councilmember Flood 4
Councilmember Beard 5
Councilmember Williamson 6
Councilmember Prince 7
Councilmember Sinegal 8
Term E~iration of Term
3 years May 2007
3 years May 2008
3 years May 2008
3 years May 2008
3 years May 2008
3 years May 2009
3 years May 2009
2 years May 2008
2 years May 2008
WHEP~S, Councilmember's Lewis and Barker have announced and
filed for the position of Mayor and have therefore automatically
resigned under Article 11, Section 11 of the Texas Constitution;
~P6EP~AS, Mayor Pro Tom Prince has announced and has filed her
candidacy for Mayor and did not have to resign under Article 11,
z.po5749 ~
Section 11 of the Texas Constitution; and
WHEREAS, pursuant to Article 16, Section 17 of the Texas
Constitution, Mayor Ortiz, Councilmember Barker and Councilmember
Lewis were to serve until a successor is selected;
WHEBEAS, on January 30, 2007, the City Council adopted
Ordinance No. 07-11 that called for a General Election for the
purpose of electing a Mayor on May 12, 2007; and
WHEREAS, pursuant to Ordinance No. 07-11, the City Council
also ordered a Special Election for the purpose of filling the
vacancies in Districts 1 and 2; and
WHEREAS, on March 13, 2007, the City Council adopted Ordinance
No. 07-20 pertaining to the conduct of the May 12, 2007 General
Election for the purpose of electing the Mayor and pertaining to a
Special Election on May 12, 2007, for the purpose of filling the
Council vacancies in Districts 1 and 2, and pertaining to a
possible runoff election; and
WHEREAS, pursuant to Ordinance No. 07-20, the City Council
approved a Joint Election Agreement, wherein the Jefferson County
Clerk agreed to administer the May 12, 2007 Elections and the
Runoff Elections, if any; and
WHEREAS, in accordance with the Charter of the City of Port
Arthur, and the laws of the State of Texas applicable thereto, a
General Election and a Special Election were held on Saturday, May
12, 2007, A.D., in the precincts into which the City of Port Arthur
z.po5749 2
is divided for voting purposes; and
WHEREAS, said election was held for the purpose of allowing
the qualified voters to elect Councilmembers from Districts 1 and
2, as well as for the purpose of electing a Mayor; and providing
for publication of the election notice, as denoted herein, and with
a copy of the Order of the Election being attached as Exhibit "A";
and
WHEP~F_~%S,
approved changes
wherein the new
following:
Beaumont
pursuant to Ordinance No. 07-20, the City Council
as to the early voting locations and the hours
early voting locations as to consist of the
· Courthouse, 1001 Pearl Street, Beaumont, TX
· Port Arthur Sub-courthouse, 525 Lakeshore Drive, Port Arthur,
TX
· Sterling Pruitt Activity Center, 2930 Gulf Street, Beaumont,
TX
· Roger's Park Community Center, 1455 Dowlen Road, Beaumont, TX
· Theodore Johns Library, 4255 Fannett Road, Beaumont, TX
· Precinct One Service Center, 1201 W. Hwy. 90, China, TX
· Nederland City Hall, 1400 Boston Avenue, Nederland, TX
· Groves City Hall, 3947 Lincoln Avenue, Groves, TX
· Port Arthur Public Library, 4615 Ninth Avenue,
· Effie & Wilton Hebert Library, 2025 Merriman,
; and
Port Arthur, TX
Port Neches, TX
WHEREAS, pursuant to Ordinance No. 07-20, the hours for the
early voting locations were changed as to the following for the May
12, 2007 Election:
z.po5749 3
COOKThOUSE EARLY VOTING LOCATIONS AND HOURS:
Beaumont Courthouse 1001 Pearl Street, Beaumont, TX
Port Arthur Sub-Courthouse 525 Lakeshore Drive, Port Arthur, TX
April 30 - May 4 Monday-Friday 8:00 a.m. - 5:00 p.m.
May 5 Saturday 7:00 a.m. - 7:00 p.m.
May 6 Sunday 12:00 p.m. - 5:00 p.m.
May 7 - May 8 Monday-Tuesday 7:00 a.m. - 7:00 p.m.
BRANCH EARLY VOTING LOCATIONS:
Sterling Pruitt Activity Center
Roger's Park Community Center
Theodore Johns Library
Precinct One Service Center
Nederland City Hall
Groves City Hall
Port Arthur Library
Effie & Wilton Hebert Library
2930 Gulf Street, Beaumont, TX
1455 Dowlen Road, Beaumont, TX
4255 Fannett Road, Beaumont, TX
1201 W. Hwy. 90, China, TX
1400 Boston Avenue, Nederland, TX
3947 Lincoln Avenue, Groves, TX
4615 Ninth Avenue, Port Arthur, TX
2025 Merriman, Port Neches, TX
EAP. LY VOTING HOURS FOR THESE BRANCH LOCATIONS:
April 30 - May 4 Monday-Friday 8:00 a.m. 5:00 p.m.
May 5 Saturday 7:00 a.m. 7:00 p.m.
May 6 Sunday 12:00 p.m. 5:00 p.m.
May 7 - May 8 Monday-Tuesday 7:00 a.m. 7:00 p.m.
; and
WHEREAS, pursuant to Ordinance No. 07-20, there were changes
in polling locations on the May 12, 2007 elections and on the
possible runoff elections, as denoted herein:
PRECINCT NEW POLLING LOCATIONS AS PER
NUMBERS ORDINANCE NO. 07-20
32 Sabine Pass Fire Station No. 4
5030 South Gulfway Drive
Port Arthur, Texas
33 Stephen F. Austin School
2441 6~h Street
Port Arthur, Texas
34 Wheatley School
800 W. 53rd Street
Port Arthur, Texas
z.po5749 4
106 Full Gospel Christian Center
9401 Hwy. 69
Port Arthur, Texas
111 No polling locations are delineated as the
County Clerk has indicated that there are no
residents in this Precinct
112 No polling locations are delineated as the
County Clerk has indicated that there are no
residents in this Precinct
113 No polling locations are delineated as the
County Clerk has indicated that there are no
residents in this Precinct
114 No polling locations are
delineated as the County Clerk has indicated
that there are no residents in this Precinct
115 No polling locations are delineated as the
County Clerk has indicated that there are no
residents in this Precinct
44 Tyrrell Elementary
4401 Ferndale
Port Arthur, Texas
47 O.W. Collins Retirement Center
4440 Gulfway Drive
Port Arthur, Texas
93 O.W. Collins Retirement Center
102 O.W. Collins Retirement Center
45 Stilwell Technical Center
4801 Ninth Avenue
Port Arthur, Texas
46 United Pentecostal Church
2700 25th Street
Port Arthur, Texas
70 Stilwell Technical Center
4801 Ninth Avenue
Port Arthur, Texas
82 Cedar Park Community Room
7601 - 9th Avenue
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Port Arthur, Texas
95 Stilwell Technical Center
4801 Ninth Avenue
Port Arthur, Texas
96 Park Place Fire Station
3300 Memorial Blvd.
Port Arthur, Texas
98 Full Gospel Christian Center
9401 Hwy. 69
Port Arthur, Texas
109 Stilwell Technical Center
4801 Ninth Avenue
Port Arthur, Texas
48 *Lee Elementary
3939 Delaware
Port Arthur, Texas
*This is the same as Robert E. Lee
Elementary School
49 Lee Elementary
76 William B. Travis Elementary
1115 Lakeview
Port Arthur, Texas
50 *Edison Jr. High School West Gym, 7TM St.
Entrance
3501 12th Street
Port Arthur, Texas
*This is another name for Thomas Edison
Middle School
51 Edison Jr. High School West Gym
52 DeQueen Elementary
*740 DeQueen Blvd. 7~h St. Entrance
Port Arthur, Texas
*This is the same polling location that the
City uses
53 DeQueen Elementary
740 DeQueen Blvd.
54 Franklin Elementary
1001 - l0th Street
Port Arthur, Texas
55 Franklin Elementary
57 Jefferson County Sub-Courthouse
z.po5749 6
525 Lakeshore Drive
Port Arthur, Texas
81 DeQueen Elementary
740 DeQueen Blvd. 7th St. Entrance
Port Arthur, Texas
58 Jefferson County Sub-Courthouse
525 Lakeshore Drive
Port Arthur, Texas
Port Arthur Fire Station %2
59 1201 *Granis
Port Arthur, Texas
*This is a typo in the listing of polling
locations by the County. The Address is
1201 Grannis.
94 Jefferson County Sub-Courthouse
525 Lakeshore Drive
Port Arthur, Texas
71 Taft Elementary School
2500 Taft Avenue
Port Arthur, Texas
Portion No polling locations are
of delineated as there are no residents in this
Orange Precinct
County
Election
Precinct
28
and
WHEP~, pursuant to the Joint
Election Agreement, approved by
Ordinance No. 07-20, Carolyn Guidry, County Clerk, conducted the
election on May 12, 2007; and
WHEREAS, the candidates
follows:
for the Council positions were as
For the Position of Ma~or:
Willie "Bae" Lewis, Jr.
z .po5749 7
Greg K. Richard
Felix A. Barker
Frederick W. Johnson, Sr.
Esther Benoit
Zulema Escobedo
Deloris "Bobbie" Prince
· For Councilmember District 1:
John Varnado
Travis J. Berg
Jack Chatman
Efrain Avenda~o
· For Councilmember District 2:
Cal Jones
; and
WHEREAS, the returns of said election for the Councilmembers
from Districts 1 and 2, and for the Mayor's position, have been
made by Carolyn Guidry, County Clerk, to the City Council of the
City of Port Arthur, and the City Council has examined said
returns; and
WHEREAS, Esther Benoit has filed a Petition for a Recount,
pursuant to Chapter
$3,000, pursuant to Chapter
WHEREAS, the Petition
Recount is scheduled for May 23,
and
submission
z.po5749
212 Election Code, and has filed a deposit of
212.112 Election Code; and
for Recount has been approved and a
2007, as denoted in Exhibit "B";
WHEREAS, pursuant to Section 212.033
of a recount petition does not
Election Code, the
delay the canvass for
the office and the canvassing authority shall make a notation on
the tabulation of the office; and
~ER~S, pursuant to Section 213.057, a canvass following
the recount is set for May 29, 2007, at 5:30 o'clock p.m., if
there is a change in the number of votes for a candidate; and
W~ER~S, a Runoff can be called no later than the fifth day
after the final canvass pursuant to Section 2.024 of the Election
Code.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1.
true and correct.
That the facts and opinions in the preamble are
Section 2. That the returns of said General and Special
Election, after being canvassed by the City Council, are found and
declared to be true and correct. There were cast at said election
for the respective candidates the number of votes as shown on the
tabulated statements that are attached hereto and made part hereof as
Exhibit "C".
Section 3. That, based on the representations of Carolyn
Guidry, County Clerk, that she abided by the terms of the Joint
Election Agreement and conducted the Elections in accordance
therewith, the City Council has determined that said Special and
General Election was duly called, ordered, and held in accordance
with the Laws of the State of Texas and the Charter of the City of
z.po5749 9
Port Arthur and Ordinance No.
General and Special Elections,
made by the proper officials,
resulted in the election of the following:
Mayor: To be determined at June 30r
Councilmember District 1:
Councilmember District 2:
Therefore, Jack Chatman
Councilmember from District 1.
07-20, and that the Order ordering the
and the returns thereof, have been
and that the May 12, 2007 elections
2007 Runoff Election
Jack Chatman
Cal Jones (Unopposed)
is hereby declared to be elected
That the term for the Councilmember
for District 1 shall commence on the date that Jack Chatman is duly
qualified and shall expire in May 2008 or until his successor has
been elected and duly qualified.
Therefore, Cal Jones is
Councilmember from District 2.
for District 2 shall commence on
qualified and shall expire in May
been elected and duly qualified.
Section 4.
(2) candidates for
majority of all votes cast for the
Petition for a Recount filed by
Prince and Willie "Bae" Lewis,
hereby declared to be elected as
That the term for the Councilmember
the date that the candidate is duly
2008 or until his successor has
That it is declared that there were more than two
the office of Mayor and no candidate received a
office of Mayor. Subject to the
Esther Benoit, Deloris "Bobble"
Jr. are presently the two (2)
candidates who received the highest number of votes for the office of
Mayor.
Section 5. That pursuant to Section 2.025 Election Code,
z .po5749
V.T.C.A., the Runoff shall be held not earlier than the 20th day or
later than the 45th day after the date the final canvass of the main
election is completed.
Section 6. That as to coordinate the Runoff Election with
the City of Beaumont and to facilitate Carolyn Guidry, County Clerk,
in conducting the Runoff Election per the terms of the Joint Election
Agreement, the Special Runoff Election shall be held on Saturday,
June 30, 2007, for the purpose of electing the position of Mayor.
Subject to the Petition for a Recount filed by Esther Benoit, the
names of Deloris "Bobbie" Prince and Willie "Bae" Lewis, Jr. shall be
the names printed for the office of Mayor.
Section 7. That once elected, the term of the new Mayor
shall commence on the date that the candidate is duly qualified and
shall expire on May 2010, or until his/her respective successor shall
have been duly qualified.
Section 8. That the Order and Notice of the Special Runoff
Election shall be made and shall be published as provided for in the
Election Code, V.T.C.A., substantially in accordance with Exhibit
"D", attached hereto and made a part hereof. A copy of this
Ordinance, together with a copy of said Order and Notice, shall be
filed in the office of the City Secretary and another copy shall be
posted on a bulletin board in the office of the City Secretary and on
the bulletin board in the lobby of the City Hall Building at least
fifteen {15) days before the Runoff Election.
z.po5749 ]1
Section 9. That pursuant to Section 67.003 of the Election
Code, the City Council of the City of Port Arthur shall meet on July
2007 and officially canvass the returns and declare the results
said Runoff Election for Mayor. The respective candidate
10,
of
receiving a majority of the votes
be declared to be elected as Mayor.
cast at said Runoff
Section 10. That City Council shall
therefore be
Election shall
the following members:
Mayor
Councilmember Jack Chatman
Councilmember Cal Jones
Councilmember Henderson
Councilmember Flood
Councilmember Beard, Jr.
Councilmember Williamson
Councilmember Prince**
Councilmember Sinegal
* Mayor Ortiz shall continue
selected as a result of the June
composed of
District Expiration
or Position Term of Term
3 year May 2010
1 3 year May 2008
2 3 year May 2008
3 3 year May 2008
4 3 year May 2008
5 3 year May 2009
6 3 year May 2009
7 2 year May 2008
8 2 year May 2008
serve until a successor is
to
30, 2007 Runoff Election, this position will
will need to be a special election on November
her vacancy. The Election day of November 6,
120 days of the possible vacancy in Position 7
with Section 4, Article
2007 Runoff Election.
If Councilmember Prince is elected Mayor as a result of the June
be vacant, and there
6, 2007 called to fill
2007 would be within
as to be in compliance
II, of the City Charter.
z.po5749 12
this
results of the May 12,
Section 11. That the City Attorney shall send a copy of
Ordinance to the Justice Department as to notify them of the
2007 Election and the date of the Runoff
Election, June 30, 2007.
Section 12. That this
publication is not required under
Arthur, it shall not be published,
being an Ordinance for which
the Charter of the City of Port
but shall take effect and be in
force immediately from and after its passage.
Section 13. That a copy of the caption of this Ordinance be
spread upon the Minutes of the City Council.
I~EAD, ADOPTED AND APPROVED on this __ day of ,
A.D., 2007, at a Council Meeting of the City Council of the City
of Port Arthur, Texas, by the following vote: AYES:
Mayor
City Council ,
NOES:
ATTEST:
OSCAR ORTIZ, MAYOR
EVANGELINE GREEN, CITY SECRETARY
z.po5749
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTORNEY
i~pPROVED FOR ADMINISTi~TION:
STEVE FITZGIBBONS, CITY MANAGER
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EXHIBIT "A"
ORDER AND NOTICE OF ]% ~NERAL & SPECIAL ELECTION
IN THE CITY OF PORT A/~THUR, TEXAS AS TO ELECT A MAYOR, A
COUNCILMEM~ER FOR DISTRICT 1, AND A COUNCIIAq~BER FOR DISTRICT 2
I, Oscar G. Ortiz, Mayor of ~he City of ?orr Arthur, Texas,
as authorized by the City Council, do hereby Order and give
Notice of a General Election to be held in the City of Port
Arthur, Texas, on Saturday, May 12, 2007, between the hours of
7:00 a.m. and 7:00 p.m., for the purpose of electing a Mayor.
The term of the office of Mayor wlll be for three (3) years and
until his/her respective successor shall have been elected and
duly qualified.
I, Oscar G. Or~iz, Mayor of the City of Port Arthur, Texas,
as authorized by the City Council, do hereby Order and give
Notice of a Special Election to be held in the City of Port
Arthur, Texas, on Saturday, May 12, 2007, between the hours of
7:00 a.m. and 7:00 p.m., for the purpose of electing a
Councilmember for District 1, as well as for the purpose of
electing a Councilmember for District 2. The term of the office
for the person elected to District 1 and for the person elected
to Dissrict 2 shall be to May 2008 and until his/her respective
successor shall have been elected and duly qualified.
Candidates may file an application with the City Secretary
for a place on the ballot beginning on February 10, 2007 through
May 12, 2C07.
Said election shall be by Electronic Voting System as
provided in Section 123.001 of the Election Code, Section 9.00~,
et seq., Local Government Code and the City Charter. The
location of each polling place is shown on Exhibi~ "A-I". Early
vosing by personal appearance will be conducted, as shown on
Exhibiz ~A-2".
Applications for ballot by mail shall be mailed to:
Jefferson Counuy Clerk
P. O. Box 1151
Beaumont, TX 77704-1151
Applications for mail ballots must be received no later than
the close of business on Friday, May 4, 2007.
Issued this the 13th day of March, 2007.
Exhibit "A-I"
pRECINCT
32
33
34
106
t44
47
93
POLLING LOCATIONS
Sabine Pass Fire Station No. 4
5030 South Gulfway Drive
Arthurr Texas
Stephen F. Austin School
2441 6~ Stree%
Port Arthur, Texas
Wheatley School
800 W. 53=d Street
Port Arthur, Texas
Full Gospel Christian Center
9401 Hwy. 69
Port Arthur, Texas
NO polling locations are
delineated as there are no
r~sidents in this Precinc~
No polling locations are
delineaEed as there are no
residents in this Precinct
No polling locations are
delineated as there are no
residents in this Precinct
No polling locations are
delineated as there are no
residents in this Precinct
No polling locatJons are
delineated as ~here are no
uesidents in this Precinct
rrell Elementary
4401 Ferndale
Port Arthur, Texas
O. W. Collins Retirement
4440 Gulfway Drive Center
Port Arthur, Texas
O. W. Collins Retirement Center
~ 4440 Gulfway D~ive
~Port Arthur, Texas
Exhibit "A-l"
PRECINCT POLLING LOCATIONS
102 O.W. Collins Retirement Center
4440 Gulfway Drive
Port Arthur, Texas
45 Stilwell Technical Center
4801 Ninth Avenue
i Port Arthur, Texas
~46 United Pentecostal Church
2700 25TM Street
Port Arthur, Texas
70
82
95
96
Stilwell Technical Center
4801 Ninth Avenue
Port Arthur, Texas
Cedar Park Conununity Room
7601 9~ Avenue
Pot5 Arthur, Texas
Stilwell Technical Center
4801 Ninth Avenue
Port Arthur, Texas
Park Place Fire Station
~300 Memorial Blvd.
Port Arthur, Texas
Full Gospel Christian Center
9401 Hwy. 69
Port Arthur, Texas
Stilwell Iechnical Center
4801 Ninth Avenue
Port Arthur, Texas
3939 Delaware
Lee Elementary
48
'Port Arthur, Texas
Lee Elementary
3939 Delaware
Port Arthur~ Texas
William B. Travis Elementary
1115 Lakeview
Port Arthur, Texas
Exhibit "A-I"
PRECINCT POLLING LOCATIONS
~KJMBERS
5O
51
52
53
54
55
57
81
58
59
94
Edison Jr. High School West Gym
3501 12th Street Entrance
Port Arthur, Texas
(Also known as Thomas Edison
Middle School)
Edison Jr. High School West Gym
!3501 12TM Street Entrance
Port Arthur, Texas
(Also known as Thomas Edison
Middle School)
DeQueen Elementary
740 DeQueen Blvd. 7TM S%. Entrance
Port Arthur, Texas
DeQueen Elementary
740 DeQueen Blvd. 7th St. Entrance
Port Arthur, Texas
Franklin Elementary
1001 - 10~h Street
Port Arthur, Texas
Franklin Elementary
1001 - 10~h Street
Port Arthur, Texas
Jefferson County Sub-Courthouse
525 Lakeshore Drive
Port Arthur, Texas
DeQueen Elementary
740 DeQueen Blvd. 7~n St. Entrance
Port Arthur, Texas
Jefferson County Sub-Cou/thouse
525 Lakeshore Drive
Port Arthur, Texas
Port Arthur Fire Station ~2
1201 Grannis
Port Arthur, Texas
Jefferson County Sub-Courthouse
525 Lakeshore Drive
Port Arthur, Texas
Exhibit "A-I"
PRECINCT POLLING LOCATIONS
NUMBERS
71 Taft Elementary School
2500 Taft Avenue
Port Arthur, Texas
Portion NO polling locations are
' °fectionE1 delineated as there are no
Orange residents in this Precinct
County
Chief Deputy
Carolyn L. GuidE?
COUNTY CLERK
JEFFERSON COUNTY
P.O. Box 1151
Beaamon~ Texas77704
409-835-8475 Phone
409-839-2394 FAX
Email Address:
99¢0t¥¢lcrk(~eo.ieffcrson.tx.us
EARLY VOTING LOCATIONS AND HOU1LS FOR
MAY 12, Z007 JOINT ELECTION
CONSTITUTIONAL AMENDIVIENT ELECTION
AND POLITICAL SUBDIVISION ELECTIONS
~COURTHOUSE EARLY VOTING LOCATIONS AND HOURS:
Beaumont Courthouse
Port Arthur Sub-Courthouse
1001 Pearl St., Beaumont, Texas
525 Lakeshore Dr., Port Arthur, Texas
April 30 - May 4 Monday - Friday
May 5 Saturday
May 6 Sunday
May 7 - May 8 Monday - Tuesday
8:00 a.m.- 5:00p.m.
7:00 a.m.-7:00 p.m.
12:00 p.m.- 5:00 p.m.
7:00 a.m.-7:00
B~RANCH EARLY VOTING LOCATIONS:
Sterling Pruitt Activity Center
Roger's Park Community Center
Theodore Johns Library
Precinct One Service Center
Nederland City Hall
Groves City Hall
Port Arthur Public Library
Effie & Wilton Hebert Library
2930 Gulf Street, Beaumont, Texas
1455 Dowlen Rd., Beaumont, Texas
4255 Ftumett Rd., Beaumont, 7texas
1201 W. Hwy. 90, China, Texas
1400 Boston Avenue, Nedafland, Texas
3947 Lincoln Avenue, Groves, Texas
4615 Ninth Ave, Port Arthur, Texas
2025 Merriman, Port Neehes, Texas
EARLY VOTING HOURS FOR THESE BRANCH LOCATIONS.:
April 30 - May 4 Monday - Friday g:00 a.m. - 5:00 p.m.
May 5 Saturday 7:00 a.m. - 7:00 p.m.
May 6 Sunday 1.2:00 p.m. - 5:00 p.m.
Vfa~y 7 - May 8 Monday - Tuesday 7:00 a.m. - 7:00 p.m.
EXHIBIT "B"
ORDER
BE [T REMEHBERED THAT on the 16th day of Hay 2007, Petitioner
Esther Benoit presented a Petition Requesting a Recount, a copy of which is
attached hereto as Exhibit "A", with a deposit of $3,000, requesting that a
manual (by hand) count be conducted of the votes cast in the General Election
held on Hay 12, 2007, for the office of Mayor, Port Arthur, Texas; and, with all
things being proper and in order, the Petitioner is entitled to the requested
recount; and
BEING that the Petition complies with the applicable requirements under
Section 212.001 of the Election Code, [ have approved the Petition of Esther
Benoit and ! noted on the petition that it has been approved on May 17, 2007 as
required by Section 2~.2.031 of the Election Code; and
BE ~1' REt4EI~IBERED THAT Carolyn Guidry, the County Clerk
administered the election for the City of Port Arthur per a .Joint Election
Agreement approved by Ordinance No. 07-20; and
IT 'rs HEREBY ORDERED THAT the custodian of the Election Records,
Carolyn GuIdry, deliver those bailots of the General Election pertaining to the
position of Mayor for the City of Port Arthur held on Hay 12, 2007, into the
custody of the Chairman of the Recount Committee, who shall be responsible for
their safekeeping while they are in use; and
l"r is ALSO HEREBY ORDERED THAT pursuant to Seddon 213.007 of
the Election Code, Carolyn GuIdry, County Clerk, shall make the ballots,
machines, materials and programs, including the records from which the
operation of the voting system may be audited available to the recount
committee as it pertains to the election for the position of Mayor of the City of
Port Arthur and shall further make the keys available to the recount committee;
and
IT IS HEREBY ORDERED THAT pursuant to Section 213.016 of the
Election Code, Carolyn Guidry, County Clerk shall pdnt out the ballot images for
the Position of IVlayor on 10:00 a.m. on Ivlonday, May 21, 2007 and that all
Mayoral candidates and their representatives shall be given the opportunity to be
present; and
IT TS HEREBY ORDERED THAT pursuant to Section 211.004 of the
Election Code, Evangeline Green, the City Secretary of the City of Port Arthur is
hereby designated as the Recount Coordinator; and
IT 1'S HEREBY APPROVED THAT Terri Hanks, the Assistant City
Secretary shall act as the Recount Coordinator's Appointee and shall assist
Evangeline Green, the City Secretary; and
BE IT FURTHER ORDERED THAT a Committee consisting of:
1. Ronnie Unden
2. Louis May
3. Mary Martinez
4. Bias Hernandez
5, Romona Bellard
6. Pearline Ford
7. Charles Reed
8. Larrry Webb
9. Rita Brown
10. Aletha Kirkwood
11. Gusta Toups
12. Delia Spell
13. Doris Guyden
14. Sam Grado
15. Lois Berg
16. Leo Cole
with Ronnie Linden as the Chairman, all of which are hereby appointed to
recount the votes cast in the General Election held on May 12, 2007 for the
position of Mayor, and members of the Committee shall be compensated at the
rate of $8 per hour. A return of the results of the recount shall be made and
certified by said Committee Chair to Mayor Ortiz, Recount Supervisor pursuant to
Section 213.012 of the Election Code. The report shall consist of the committee's
vote count with the votes being reported separately by precinct. A copy of the
report shall be made to the recount supervisor and one copy to the general
custodian of election records. Pursuant to Section 214.051 of the Election Code,
the recount returns shall also be attached to the committee report; and
BE I1' FURTHER ORDERED that the Recount Committee Chair shall
pursuant to Section 213.005 of the Election Code designate the members to
serve on each counting team, wherein each team shall be composed of three
members each; and
BE ~'T FURTHER ORDERED that the following persons are appointed
alternate members to the Recount Committee who can serve if the members
delineated above are unavailable or cannot serve, to-wit:
1. Bill Worsham
2. Mary Ann Reid
3. Earl lizeno
4. Yvonne Sutherlin
5. Sam Monroe
6. Elizabeth Sagler
7. Carl Bush
; and
BE IT FURTHER ORDERED THAT if a person as appointed herein fails
to appear and perform their duties as part of the Recount Committee, the
Chairman of the Recount Committee shall proceed with the remaining members
and such alternates as are available for the Recount, and
BE 1-1' FURTHER ORDERED THAT each candidate has the statutory
right to be present and have representatives present at the recount; and that
each candidate shall be notified that the recount of the aforementioned Election
will begin at 12:00 o'clock (Noon) on May 23, 2007, at the Mid-County Office
Building, 2748 Viterbo Road, Nederland, .]efferson County, Texas, and that there
shall be designated counting teams for said recount; and
I'T TS FURTHER ORDERED THAT upon completion of the recount, the
Election records shall be returned to the original custodian for safekeeping in the
same manner as when originally delivered to the person hereinabove designated;
and
I"T IS FURTHER ORDERED that the recount papers shall be preserved
as required by Section 211.007 of the Election Code.
SIGNED ON TH]iS THE 17th day of May, 2007,
Mayor Oscar Ortiz, Recount SupAq'~r~or
Evangeline ~en, City Secretary
APPROVED AS TO FORM:
Hark T. Sokolow, City Attorney
DATE: /~ 1~ ;~0(7
PETITION REQUESTING A RECOUNT
EXHIBIT 'A'
(The following petition may be used for requesting a recount as provided by Section 212.001 of the
Texas Election Code,
To: /b///y0~ L~8A. OiR-T/Z_ (name of presiding officer of canvassing authority)
I, ~gVt)/DS-7-~ ?t~ T#E ~/=F/~ OF , hereby request a recount for the
~qY/~.OOOT- ,~:T'e:FF~,~,SOA/ ~o(4wT-y (date of election and name of political
sUbdivisfon) election for the office of ?ql~vo~ OF I7tE ~Jry OF tor_~T ~AZ'/.itt~o (identify the
office for which a recount is desired (e.g., County Commissioner, Precinct #1). / eX/~.S
Check one or more of the applicable grounds:
(v)//Difference between number of votes received by petitioner and number of votes received by
person who was elected or is entitled to a place on the run0ff election ballot is less than 10%
of the number of votes received by the person elected or entitled to a place on the mnoff
ballot; OR
( ) Number of votes received by all candidates is less than 1000; OR
(v)/' Electronic system used in election; OR
()
An election judge swears that he or she counted paper ballots incorrectly (must also be
certified by the secretary of state).
Identify each election precinct for which a recount is being requested and identify the method of
voting used in each precinct:
election precinct(s) and voting system used
~2.. dd~ ~-~ ff-~, %~-~ %~., ~7, ~, q-ff., 56, ,5'1,
5%2¢ 58~ 54-; 55; ,~;7,.
%5, ~1% 95, 9e,, q8; IOO,. lo&; Idq, /ll¢ IIEL I~$.,
If an electronic system was used in the election, I request a ~ual (by-h~electronic count
(circle one).
Signature of Person(s) or agent of person(s) requesting recount
List Recount Requestor(s) name, mailing address, at least one phone number, voter registration
number (if authorization to obtain the recount is based on eligibility to vote in the election), and
county of registration (if the election covers territory in mom than one county):
Name Mailing Address
FSwHEA ~_~_~ZV_O/ T -
Phone Number
77~ D~/vE
Voter Registration No.\County
Provide the name and mailing address and at least one phone number for each opposing candidate
(or agent):
Name of Opposing
Candidate or Agent
Mailing Address
Phone Number
Date APProved:
Tlme Approved:
APProved by: Mayor Oscar~5~Ortiz
I s-o
EXHIBIT "C"
EXHIBIT "D"
ORDER AND NOTICE
OF A RUNOFF ELECTION
IN THE CITY OF PORT ARTHUR, TEXAS
I, Oscar Ortiz, Mayor of the City of Port Arthur, by virtue of
the authority vested in me as Mayor of said City, and by Section 3.004
of the Texas Election Code, do hereby Order and give Notice of a Runoff
Election to be held in the City of Port Arthur, Texas, on Saturday,
June 30, 2007, between the hours of 7:00 o'clock a.m. and 7:00 o'clock
p.m., for the purpose of electing a Mayor. The term of office for
Mayor shall be from the date duly qualified until May 2010, or until
his respective successor shall have been duly qualified.
Said election shall be by Electronic Voting System, as provided
in Section 123.001 of the Election Code. The location of each polling
place is shown in Exhibit "A-i". Pursuant to Section 85.001 of the
Election Code, early voting by personal appearance will be conducted
each weekday at the following locations as delineated between the hours
of 8:00 o'clock a.m. and 5:00 o'clock p.m., beginning on June 18, 2007,
and ending on June 26, 2007 and as otherwise provided for in the
Election Code.
Port Arthur Public Library, 3601 Cultural Center Drive 525 Lakeshore Drive
Jefferson County Sub-Courthouse,
Applications for ballot by mail shall be mailed to:
Jefferson County Clerk
P. O. Box 1151
Beaumont, TX 77704-1151
Issued this day of , 2007.
z.po5749
Oscar Ortiz, Mayor
City of Port Arthur