Title
Approving a resolution changing the City's general election date to November and extending the terms of the current members of the City Council by six months.
Summary
At their regular meeting on October 25, 2011, the City Council discussed the options and considered the benefits and concerns regarding holding the City's general elections in May and in November. Following discussion, the City Council was in support of changing its general election date to November in order to increase voter participation and to save in election costs. Mayor Pro Tem Victor Gonzales requested that a resolution be placed on an upcoming agenda to allow the City Council to consider changing the City's general election date. The resolution for consideration is attached and has been reviewed and approved by the Interim City Attorney.
Background
Senate Bill 100 provides that the county elections administrator is not required to enter into a contract to furnish election services with a city for the May uniform election date in an even-numbered year. It allows a home-rule city to change the date on which it holds its general election for officers from the May uniform election date to the November uniform election date through the adoption of a resolution that supersedes a city charter provision requiring a different election date. It allows a home-rule city to provide for the election of all members of the governing body at the same election through the adoption of a resolution that supersedes a city charter provision establishing staggered terms of office. It provides that a member of a city council with a term of office of more than two years that holds over in office in accordance with Article XVI, Section 17 of the Texas Constitution to conform to a new election date does not create a vacancy in the office by doing so, thereby eliminating the need for a special election called within 120 days of the vacancy. It authorizes a political subdivision that elects the members of its governing body to a term that consists of an odd number of years to adopt a resolution by December 31, 2012 changing the length of terms of its members to an even number of years. For additional information on this legislation, please see:
http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=SB100.
Following the adoption of SB 100, Travis County Elections notified the City that it would only provide election services to us for elections in November and May elections in odd-numbered years. At that time, it appeared that the City would need to adopt a resolution to change its general election date to the November uniform election date in order to receive election services from Travis County. However in September, the City of Austin City Council voted to keep its May general election date, and due to that, Travis County stated it would provide election services to the City of Austin and other entities in May. The City Manager and City Secretary discussed the subject with Mr. Charles Dupre and Mr. Darin Hathcock of the Pflugerville Independent School District on September 28, 2011 and their sentiment was to maintain the May general election date. At that time it was expected that May elections would continue similarly to past elections. Since then, Austin Community College and the Austin Independent School District have voted to move their general election dates to November and the City of Austin City Council voted again to keep its May 2012 election date but stated intentions of putting the question of moving their general election date to November to the voters at an election in November 2012. Additionally, the City of Austin has a three-year election cycle, so even if they vote in November 2012 to keep their May general election date, there would be some years that the City of Austin would not hold an election. Without one of the large entities to share the costs: City of Austin, Austin Community College, or the Austin Independent School District, the election costs for the City of Pflugerville would be high.
Other considerations:
If the Pflugerville Independent School District wishes to move its general election date to November, they must do so by December 31, 2011. The deadline for the City to move its general election date to November is not until December 31, 2012. Williamson County is continuing to provide election services to all of its entities for May elections. They have stated that they can provide election services to all City of Pflugerville voters for approximately 49 cents per registered voter ($13,000).
Options:
1.) The City Council could take no action and leave the City's general election date in May 2012. The May 2012 election would be similar to previous years because the City of Austin will be participating. The City would have until December 31, 2012 to change its general election date to November, so this could be done next year if desired. The City could contract with Williamson County for election services in future years if necessary.
2.) The City Council could adopt a resolution changing the City's general election date to November. It is expected that this would signficantly decrease the City's election costs since Travis County always holds a November election and Austin Community College and Austin Independent School District have now moved their general elections to November. The costs for Travis County election services for the May 2011 City Council election were $8,311.82. The costs for Travis County election services for the City's November 2011 charter amendment election are estimated at $4,548.48. The numbers could be even lower in some years if the City of Austin also changes to November.
3.) The City Council could adopt a resolution changing the terms of the Mayor and Councilmembers so that general elections would only be held in May of odd-numbered years, either by unstaggering terms and electing all members at the same time or by decreasing (to two years) or increasing (to four years) the number of years per term so that members serve an even number of years.
Prior City Council Action
N/A
Deadline for City Council Action
The deadline for the City Council to change its general election date from May to November is December 31, 2012.
Fiscal Impact
All estimated amounts are based upon current information available. Estimated costs below include the total Travis and Williamson County costs.
Option 1 - $10,000 for the May 2012 election and future May elections with City of Austin participation. Costs to be determined if holding general elections in May of future years. Option to contract with Williamson County for May elections at $13,000 if City of Austin not participating.
Option 2 - $ 5,548 or lower due to increase in Travis County participants in November elections.
Option 3 - $ This estimate varies widely due to the effect of the City of Austin's participation. If they stay with May elections, the number would be comparable to Option 1. If they move to November and the City of Pflugerville stays in May, it would be significantly higher.
Staff Recommendation
Take action as desired.
Drafter
Karen Thompson, City Secretary