Legislative Update on Elections

Transcription

1 TMCCP Presents Election Law Seminar January 25-26, 2018, Frisco, Texas HANDOUT FOR Legislative Update on Elections with speakers Scott Houston, TML Deputy Exec. Director & General Counsel & Bill Longley, Texas Municipal League Legislative Counsel Texas Municipal Clerks Certification Program 1155 Union Circle #305067, Denton, Texas municlerks.unt.edu

2 TML Legislative Update: TMCCP Election Law Seminar Presenters: Bill Longley Legislative Counsel Scott Houston Deputy Executive Director/General Counsel 2017 Session Cities Under Siege Senate vs House dynamic Liberty v. Local Control Regular and Special Session Abbott s Campaign Plan 1

3 The Cutting Room Floor Revenue Caps Restrictions on Issuing Local Debt Petitions and Ballot Propositions Election Dates Partisan City Elections Early Voting Use of County Precincts Spending Cap Red Light Cameras Senate Bill 6 Tier 1 County County with less than 500,000 population that has not adopted Tier 2 status by election (authority/process essentially unchanged) *The petition process is as follows: A majority of the registered voters of the county must approve being a Tier 2 county at an election ordered by the commissioners court on the request by petition of a number of registered voters of the county equal to or greater than 10 percent of the registered voters of the county. Tier 2 County County with a population of 500,000 or more (Election/big changes) 2

4 Tier 1 County Nothing except one notice provision has changed Sparsely occupied or voluntary simple service plan, notice, hearing procedure called plan exempt procedure 100 or more residential dwellings three year plan process Must still have AUTHORITY to annex Tier 1 Exempt Process Publish notice 20 th to 11 th day before each hearing (this can be one notice of both hearings). If unilateral Written notice to property owners and railroads. For ANY - Written notice to public and private entities that provide services. - Written notice to school district. Initiation of proceedings (Vote on ordinance) AUTHORITY TO ANNEX 5 to 30 Days 40 Days to 21 Days Prior to Adoption 90 Days after Adoption Hold two public hearings (at same meeting as separate agenda items is acceptable). Adoption of ordinance not more than 40 days after 1 st public hearing, not less than 20 days after 2 nd public hearing. Preparation of service plan prior to hearings. This 90-day period is meaningful only for cities that require more than one reading (most general law cities do not). 3

5 Tier 1 Plan Process Written notice to property owner, service providers and railroads request inventory of services from service provider. Inventory of Services response required. Negotiations with Special District board or five (5) landowners appointed by County Commissioner s Court. Adopt annexation ordinance and final service plan. 90 Days Prior First 90 Days 10 Months from Day 0 3 Years from Day 0 3 Years + 30 Days Annexation Plan Day 0: Place area in Annexation Plan. Ten (10) months from Day 0: Preliminary service plan prepared. Wrap up service plan. In this period, must hold two public hearings, with notice days before each hearing in newspaper/website and written notice to school districts and public service providers in area, as well as certified mail notice to public entities and utility service provider and railroads. If negotiations fail, arbitrator appointed. Tier 2 County Travis, Tarrant, Harris, Fort Bend, El Paso, Denton, Dallas, Collin, Bexar, Henderson, and any other county that has opted in to Tier 2 by election Authority and procedures combined into one Three schemes: 1. Petition of individual landowner 2. Area with less than 200 population petition process 3. Area with 200 or more population election process 4

6 Tier 2 Individual Landowner Petition negotiate written service agreement. (No statutory time period.) Publish notice 20 th to 11 th day before each hearing. Petition submitted. Written notice to school district and public or other entity that provides services. Hold two public hearings no less than 10 business days apart may adopt annexation ordinance at conclusion of second hearing. Tier 2 Voter Petition (less than 200 population) Only if: (1) City obtains consent to annex the area through a petition signed by more than 50 percent of the registered voters of the area; and (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the petition must also be signed by more than 50 percent of the owners of land in the area. 5

7 Tier 2 Less than 200 Population Adopt Resolution of Intent to Annex. Provide written notice to property owners?? Conduct public hearing. Petition period. City Secretary verifies petition. Final hearing may adopt ordinances at this hearing. Within 7 Days Day 21 to Day 30 Day 1 to Day 180 No time specified. Within 10 days of previous hearing. Mail notice to each resident and property owner. Petition signed by registered voters if they don t own more than 50 percent of land, landowners must also sign (Ch. 277 Election Code applies). Hold another public hearing. At any time: If petition filed with City Secretary, with number of voters equal to 50 percent of those who voted in most recent municipal election, must have in-city, citywide election approving prior to annexing. Tier 2 Election (200 or more population) Only if: (1) City holds an election in the area proposed to be annexed at which the qualified voters of the area approve the annexation; and (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the city obtains consent to annex the area through a petition signed by more than 50 percent of the owners of land in the area. 6

8 Tier or More Population Adopt Resolution of Intent to Annex. Election can be ordered if voters own majority of land. Petition period for landowners if voters don t own majority of land. Final hearing within 10 days of previous may adopt ordinance at this hearing. Future uniform election date. Conduct public hearing. 258 days (78 th day after petition period ends). Provide written notice to property owners?? Within 7 Days Day 21 to Day 30 Day 30 to Day 90 Day 90 to Day Days Mail notice to each property owner stating among other things, that election will be held. Conduct a second public hearing. Election can be ordered if need landowner petition. If approved at election and petition of landowner is required hold another public hearing. At any time: If petition filed with City Secretary, with number of voters equal to 50 percent of those who voted in most recent municipal election, must have in-city, citywide election approving prior to annexing. The city can convince them to want to come in EC says no they can t 7

9 SB 6 New Remedies (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief. (b) A political subdivision s immunity from suit is waived in regard to an action under this chapter. (c) A court may award court costs and reasonable and necessary attorney s fees to the prevailing party in an action under this chapter. Canvass Election Bills H.B. 929 (Miller/V. Taylor) Ballots voted by FPCA must be counted if received on 6 th day after election day, which could push back canvass. H.B (Israel/Zaffirini) Presiding officer must note conclusion of canvass for minutes or recording of meeting. 8

10 Candidates Election Bills H.B (Phelan/Nichols) Certification of unopposed status and omission from ballot when candidate withdraws after deadline, under certain circumstances. H.B (Miller/Bettencourt) Candidate applications and petitions must be sworn to before person authorized to administer oaths. S.B. 44 (Zaffirini/Schofield) A petition filed in connection with candidate application may only be reviewed by election authority as to form, content, and procedure. Early Voting Election Bills H.B. 658 (Bernal/Hughes) Requires early voting to take place at a residential care facility under certain circumstances. Also requires priority voting for voters with impaired mobility. BUT, H.B. 5 from special session repeals early voting at residential care facility requirement. H.B (Schofield/Bettencourt) Provides that a marked ballot voted by mail must be counted if it arrives no later than 5 p.m on the day after the election, under certain circumstances. 9

11 Early Voting (cont.) Election Bills H.B (Bohac/Bettencourt) among other things, requires an early voting clerk to notify the voter registrar if an applicant provides a DOB, DL #, or SSN on application for early voting ballot to be voted by mail that is different from information maintained by voter registrar. Sales Tax Elections Election Bills H.B (Dale/Schwertner) Cities can use combined ballot propositions to adjust rate of general revenue sales tax. 10

12 Miscellaneous Election Bills H.B (Faircloth/Huffman) Election officers and oaths of office H.B. 2323(Israel/Zaffirini) Filing deadline for special election to fill a vacancy S.B. 957 (Campbell/Laubenberg) Requires specific lettering/numbering for ballot propositions. S.B. 5 (RS) (Huffman/King) Voter ID S.B. 5 (SS) (Hancock/Goldman) Voter Fraud Guns Court or Offices Utilized by the Court Polling Places 11

13 Questions? TML Legislative Update (Exchange ) (512)