HomeMy WebLinkAbout(0) Sample Certification and Ordinance §10.22 ELECTION LAW MANUAL 2013
unopposed for the purposes of EC §2.051, and the election is eligible for cancellation
[Election Law Opinion AOG-1 (1996)].
§10.23. CERTIFICATION OF UNOPPOSED CANDIDATES.
As soon as possible after the deadline for declaration of write-in candidacy, if no
candidate in the election is opposed on the ballot or by a declared write-in candidate,the city
secretary must deliver to the city council a certification that each candidate for office is
unopposed [EC§2,052]. (See M §11.05 for deadline for application for place on the ballot
and M §11.10 for deadline for declaration of write-in candidacy.)
Sample Certification of Unopposed Candidates
Certification of Unopposed Candidates
by the City Secretary
, certify that I am the city secretary of the
City of and the authority responsible for
preparing the ballot for the (date) city election. I further certify
that no person has made a declaration of write-in candidacy, and all of
the following candidates are unopposed:
(List candidates)
City Secretary
City of
Dated this day of
§10.24. CITY COUNCIL ACTION AND POSTING.
(a) Determination by city council. Upon receiving the certification,the city council
may,by order or ordinance,declare the unopposed candidates elected to office,in which case
the election is not held [EC§2.053(b)]. Although the statute requires that the city secretary
make the certification to the city council, the city council is given discretion in declaring
unopposed candidates elected. The city council may hold the election regardless of the
unopposed status of the candidates.
10-16
2013 ELECTION ORDER, NOTICE,AND CANCELLATION §10.24
Sample Ordinance Canceling Election
ORDINANCE NO.
AN ORDINANCE DECLARING UNOPPOSED CANDIDATES IN
THE (date) GENERAL CITY ELECTION, ELECTED TO OFFICE;
CANCELING THE ELECTION; PROVIDING A SEVERABILITY
CLAUSE;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the general city election was called for (date) , for the
purpose of electing members to the city council; and
WHEREAS, the city secretary has certified in writing that no person
has made a declaration of write-in candidacy, and that each candidate
on the ballot is unopposed for election to office; and
WHEREAS, under these circumstances, Subchapter C, Chapter 2,
Election Code, authorizes the city council to declare the candidates
elected to office and cancel the election; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Section 1. The following candidates, who are unopposed in the_
(date) general city election, are declared elected to office,
and shall be issued certificates of election following the time the election
would have been canvassed:
(List candidates)
Section 2. The (date) general city election is canceled,
and the city secretary is directed to cause a copy of this ordinance to be
posted on election day at each polling place used or that would have
been used in the election.
Section 3. It is declared to be the intent of the city council that the
phrases, clauses, sentences, paragraphs, and sections of this ordinance
are severable, and if any phrase, clause, sentence, paragraph, or section
of this ordinance is declared invalid by the judgment or decree of a court
of competent jurisdiction, the invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, or sections of this
ordinance since the city council would have enacted them without the
invalid portion.
Section 4, This ordinance shall take effect upon its final passage,
and it is so ordained.
(Add appropriate signatures)
(If this form is used, the city secretary must obtain a Spanish
translation before posting it.)
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