HomeMy WebLinkAbout033549 ORD - 01/07/20251
One -reading Ordinance to review Recount results for purposes of electing
District One Council Member; canvassing the recounted votes; casting lots to
resolve a tie pursuant to Texas Election Code Sec. 2.028; and declaring person
elected to be the Council Member for District One
Whereas, the City Council of the City of Corpus Christi, by Ordinance No. 033425 on August 13,
2024, ordered and called a General Election for the election of Mayor and eight Council Members
to be held on November 5, 2024;
Whereas, Ordinance No. 033425 provided that a runoff election shall be held on December 14,
2024, if one is necessary;
Whereas, by Ordinance No. 033512 on November 19, 2024, the City Council canvassed returns
and declared the results of the General Election;
Whereas, Ordinance No. 033512 declared the persons elected to serve in three at -large Council
Member positions and the Council Member Districts 2, 3, and 5 positions;
Whereas, by Ordinance No. 033513 also on November 19, 2024, the City Council ordered a
Runoff election to be held on December 14 2024, for the election of the Mayor and Council
Member District One and Council Member District Four;
Whereas, the Runoff election described above is hereinafter referred to as the "Election";
Whereas, notice of said Election was given as required by law;
Whereas, said Election was duly held on the 14th day of December 2024, at which said contests
were presented to the voters as provided in the respective City ordinance calling the applicable
Election and in conformity with the election laws of the State of Texas and the results of said
Election have been certified and returned by the judges and clerks thereof; and
Whereas, it is hereby officially found and determined that the meeting at which this ordinance
was passed was open to the public, and public notice of the time, place and purpose of said
meeting was given, all as required by the Texas Open Meetings Act; and
Whereas, the City Council has reviewed and investigated all matters pertaining to this Election,
and finds that the said Election was in all respects lawfully held and that the City's Secretary's
tally and certification of results to the Council are correct;
Whereas, pursuant to section 67.004 of the Texas Election Code, two members of the governing
body constitutes a quorum for canvassing the election results;
Whereas, Texas Election Code Section 2.028 provides as follows:
03354
SCANNED
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"Sec. 2.028. TIE VOTE IN RUNOFF. (a) Except as provided by Subsection (c), if the
candidates in a runoff election tie, an automatic recount shall be conducted in accordance with
Chapter 216. If the recount does not resolve the tie, the tied candidates shall cast lots to
determine the winner.
(b) The presiding officer of the final canvassing authority shall supervise the casting of
lots under this section.
(c) A tying candidate may resolve the tie by filing with the presiding officer of the final
canvassing authority a written statement of withdrawal signed and sworn to by the candidate. If
the statement of withdrawal is received before the automatic recount is conducted, the
remaining candidate is the winner, and the automatic recount is not conducted. If the statement
of withdrawal is received not later than 5 p.m. the day after the date the automatic recount is
conducted, the remaining candidate is the winner, and a casting of lots is not held."
Whereas, Texas Election Code Section 216.003 provides as follows:
"Sec. 216.003. INITIATING AUTOMATIC RECOUNT. For purposes of initiating an
automatic recount, the authority designated under Section 212.026 shall order the recount."
Whereas, on December 23, 2024, the City Council canvassed the Election results and declared
the results in the Election for Mayor and District Four Council Member;
Whereas, an automatic recount (the "Recount") for the Runoff Election for Council Member
District One was ordered as required by the Texas Election Code due to tie vote;
Whereas, on December 23, 2024, District One candidate Billy Lerma submitted request for a
manual recount;
Whereas, a manual recount was conducted for the Runoff Election for Council Member District
One;
Whereas, Texas Election Code Section 213.055 provides as follows:
Sec. 213.055. SUPERVISOR'S REPORT. (a) As soon as practicable after receiving the
recount committee's report, the recount supervisor shall prepare and sign a report of the vote
count by precinct in the supervisor's jurisdiction, using the recount committee's report for the
precincts recounted and the original precinct election returns for the precincts not recounted.
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(b) The report prepared under this section is the official statement of the vote count in
the local canvassing authority's jurisdiction.
(c) On completion of the report required by this section, the recount supervisor shall
deliver one copy to the recount coordinator and one copy to the general custodian of election
records. The copies shall be preserved for the period for preserving the precinct election records.
Whereas, the City Council has received the Recount report; copy attached as Attachment A;
Whereas, Texas Election Code Section 213.033 provides as follows:
"Sec. 213.033. CANVASS FOLLOWING RECOUNT. (a) As soon as practicable after
completion of a recount that changes the number of votes received for a particular candidate or
for or against a measure, the canvassing authority shall conduct a canvass for the office or
measure involved using the recount committee's report in the recount supervisor's possession,
instead of the original precinct election returns, for each precinct in which a recount was
conducted. An original canvass for the office or measure is void, and the new canvass is the
official canvass for the election on that office or measure. If no change occurs in the recount in
the number of votes received for a candidate or for or against a measure, the official result of the
election is determined from the original canvass.
(b) In a recount of an election in which there is more than one local canvassing authority,
the result of the canvass conducted under this section shall be reported to the other canvassing
authorities in the same manner as the result of an original canvass.
(c) The appropriate authority shall take any further action that may be necessary in the
same manner as for an original canvass."
Whereas, if the Recount resulted in a new tie vote, casting of lots is required pursuant to Section
2.028 of the Texas Election Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
Section 1. The City Council officially finds, determines, and declares that the Recount for the
Runoff Election for Council Member District One was duly and properly ordered, that proper legal
notice of the Recount was duly given as required by law and that the Recount was duly and legally
conducted.
Section 2. The City Council hereby accepts the results of the Recount, attached hereto as
Attachment A incorporated by reference and made a part of this Ordinance as though
reproduced herein in its entirety, and the same is hereby adopted as the official tabulation of the
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votes cast at the Runoff Election for Council Member District One, and that said tabulation be
filed and recorded in the official records of the City of Corpus Christi as the official canvass of the
Runoff Election for District One.
Section 3. From the Recount report attached hereto as Attachment A, the City Council hereby
finds that the following votes were cast in the Election. The results of the Runoff Election canvass
for District One are declared to be:
Council Member, District 1
Everett Roy
1,916
Billy Lerma
1,916
The City Council accepts and approves the returns for the Runoff Election as received and
canvassed herein.
Section 4. Due to tie vote, the canvass has been finalized by the casting of lots to determine the
winner. The two tied candidates, Everett Roy and Billy Lerma, cast lots to determine the winner
pursuant to Section 2.028 of the Texas Election Code. The casting of lots was held on January 7, 2025
during the City Council meeting and was supervised by the Mayor as presiding officer pursuant
to Section 2.028. The casting of lots determined that the following person is declared elected
and may qualify for the office indicated: GG
Council Member District One: l-V&✓e-lt �
Section 5. The recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of
the judgment and findings of the City Council.
Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
Section 7. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Ordinance would have been enacted without such invalid
provision.
Section 8. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 9. This Ordinance shall be in force and effect from and after its final passage and it is so
ordained.
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Section 10. The necessity of making an official canvass of votes and declaring the results thereof
immediately in order to meet the requirements of State Law and the City Charter, and the need
for efficient and effective administration of the City's affairs, creates a public emergency
requiring the suspension of the City Charter rule that no ordinance be passed finally on the date
of its introduction but that such ordinance shall be read at two regular meetings of the City
Council, and the Mayor having declared that such emergency exits, having requested the
suspension of the City Charter rule that this ordinance be finally passed on the date of its
introduction and take effect and be in full force and effect from and after its passage, IT IS
ACCORDINGLY SO ORDAINED, this the 7th day of January 2025.
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Paulette Guajardo
Roland Barrera
Sylvia Campos
Gil Hernandez
Michael Hunter
Jim Klein
Everett Roy
Dan Suckley
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, state law supersedes the
Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore,
request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or
at the present meeting of the City Council.
Respectfully, Respectfully,
aulette Guajardo
Mayor
Council Members
The above ordinance was passed by the following vote:
Ai,
A
Pursuant to Section 67.004 (a) of the Texas Election Code, two members of the governing body
constitutes a quorum for canvassing the election results.
033549
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PASSED AND APPROVED on this the January 7, 2025
ATTEST: C TY OF • RP S CH
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
8
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI §
I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above
and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City
of Corpus Christi, Texas (and of the minutes pertaining thereto) on January 7, 2025, canvassing the
returns and declaring the results of the Runoff Election held on December 14, 2024, for Council Member
District One, which ordinance is duly of record in the minutes of said City Council, and said meeting was
open to the public, and public notice of the time, place and purpose of said meeting was given, all as
required by Texas Government Code, Chapter 551.
EXECUTED UNDER MY HAND AND SEAL of said City, on , 2025.
City Secretary
(CITY SEAL)
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ATTACHMENT A
(TO BE INSERTED)
City of Corpus Christi
City Secretary's Office
TO: Mayor and City Council
FROM: Stephanie Box, Assistant City Secretary & Recount Supervisor
SUBJECT: Recount of District 1 Runoff Election
DATE: January 3, 2025
The Recount Committee conducted a manual (hand) recount of the District 1 Runoff Election
after receipt and approval of a recount petition from District 1 Candidate Billy Lerma. The
recount occurred on December 30 and 31, 2024 and January 2, 2025, and the report is
attached to this memo. After counting all ballots cast in the District 1 race, the committee
obtained the same results as presented in the canvass report for the December 14, 2024 Runoff
Election.
Please note the following definitions from the Texas Secretary of State:
Undervote: Occurs when the number of choices selected by a voter in a contest is less than the
maximum number allowed for that contest or when no selection is made for a single choice
contest.
Overvote: Occurs when a voter voted for more than the maximum number of selections allowed
in a contest. The result is that the voter's vote is not included in the final tally. One example of
an overvote would be voting for two candidates in a single race in which only one candidate
may be selected.
City of Corpus Christi
Manual Recount Report - District 1 Runoff Election
Absentee Votes
Precinct
�
c.,
cc
LL;
1
E
J
m
UNDER votes
OVER votes
1
7
10
8
0
7
6
8
0
0
9
9
11
1
0
21
6
5
0
0
23
1
0
0
0
30
1
2
0
0
31
2
5
0
0
33
2
10
0
0
38
0
2
0
0
39
5
6
1
0
41
0
3
0
0
44
4
6
0
1
45
2
6
1
0
46
0
3
0
0
47
2
1
0
0
49
5
11
0
0
51
15
17
2
0
52
8
15
0
0
60
2
12
0
0
76
3
4
0
0
77
0
2
0
0
79
5
18
0
0
82
4
10
1
0
85
0
7
0
0
99
2
4
0
0
100
10
12
0
0
101
17
35
0
0
103
3
11
0
0
107
9
19
0
0
110
2
11
1
0
111
1
0
0
0
123
4
7
1
0
Totals
137
273
16
1
Early Voting
a
O
cc
ui
B. Lerma
UNDER votes
OVER votes
46
59
8
0
12
23
1
0
115
94
4
0
30
36
0
0
14
3
1
0
0
0
0
0
4
13
2
0
8
9
2
0
0
4
0
0
28
30
3
0
5
6
1
0
10
15
2
0
4
6
0
0
0
3
0
0
4
8
2
0
71
69
3
0
40
36
5
0
18
27
4
0
13
20
2
0
13
18
0
0
2
7
1
0
21
26
3
0
11
7
0
0
5
9
2
0
9
12
1
0
37
55
4
0
145
145
3
0
122
128
7
0
312
141
9
0
69
58
2
0
46
41
1
0
123
84
6
0
1,337
1,192
79
0
Election Day Voting'
a
O
cc
u;
B. Lerma
UNDER votes
OVER votes
28
15
4
0
6
7
0
0
35
41
4
0
11
9
1
0
2
0
0
0
0
2
0
0
4
6
0
0
0
4
0
0
2
2
0
0
10
8
0
0
3
2
1
0
0
7
1
0
1
1
0
0
0
2
0
0
3
3
0
0
15
20
1
0
13
16
4
0
7
3
0
0
3
7
3
0
5
3
0
0
0
0
1
0
5
13
0
0
3
3
0
0
7
6
0
0
6
3
0
0
6
12
3
0
37
64
1
0
39
43
3
0
121
70
4
0
18
15
0
0
13
25
0
0
39
39
4
0
442
451
35
0
City of Corpus Christi
Manual Recount Report - District 1 Runoff Election
Grand Total
Precinct
0
0
ce
,,,;
B. Lerma
UNDER votes
OVER votes
1
81
84
20
0
7
24
38
1
0
9
159
146
9
0
21
47
50
1
0
23
17
3
1
0
30
1
4
0
0
31
10
24
2
0
33
10
23
2
0
38
2
8
0
0
39
43
44
4
0
41
8
11
2
0
44
14
28
3
1
45
7
13
1
0
46
0
8
0
0
47
9
12
2
0
49
91
100
4
0
51
68
69
11
0
52
33
45
4
0
60
18
39
5
0
76
21
25
0
0
77
2
9
2
0
79
31
57
3
0
82
18
20
1
0
85
12
22
2
0
99
17
19
1
0
100
53
79
7
0
101
199
244
4
0
103
164
182
10
0
107
442
230
13
0
110
89
84
3
0
111
60
66
1
0
123
166
130
11
0
Totals
1,916
1,916
130
1
Recount Total
Votes Cast
Dec. 14 Canvass
TotalVotes Cast
Recount Total
Ballots Cast
Dec.14 Canvass
Total
Ballots Cast
165
165
185
185
62
62
63
63
305
305
314
314
97
97
98
98
20
20
21
21
5
5
5
5
34
34
36
36
33
33
35
35
10
10
10
10
87
87
91
91
19
19
21
21
42
42
46
46
20
20
21
21
8
8
8
8
21
21
23
23
191
191
195
195
137
137
148
148
78
78
82
82
57
57
62
62
46
46
46
46
11
11
13
13
88
88
91
91
38
38
39
39
34
34
36
36
36
36
37
37
132
132
139
139
443
443
447
447
346
346
356
356
672
672
685
685
173
173
176
176
126
126
127
127
296
296
307
307
3,832
3,832
3,963
3,963