Schedule: The regular election of the Council will be held on the May Uniform Election Date (as set forth in V.T.C.A., Election Code § 41.001(A), together with existing amendments as hereafter may be made, and acts supplementary thereto) of each second succeeding year. The Council shall be responsible to specify places for holding such election. In such election each qualified voter shall vote for not more than one (1) candidate for Mayor, and for not more than five (5) candidates for Council Members. Said elections shall be ordered by the Council, and in case of its failure to order same, the Mayor shall make such order. In case of the inability of the Council and Mayor to act, the elections may be called by the Town Secretary, and in case of the Town Secretary’s inability to act, by the County Judge of Dallas County, Texas, and in case of the County Judge’s inability to act, by the Governor of the State of Texas. Notice of such election shall be given as provided by law. In the event that a run-off election is necessary the procedure set forth in 7.07 shall be followed.
The Council, by ordinance or resolution, may call such special elections as are authorized by the State law or this Charter, fix the time and place of holding same, and provide all means for holding such special elections, provided that every special election shall be called and held as nearly as practicable, according to the provisions governing regular elections.
All general and special elections shall be held in accordance with the laws of the State of Texas regulating the holding of municipal elections and in accordance with this Charter and ordinances or resolutions adopted by the Council for the conduct of elections. The Council shall appoint the election judges and other election officials and shall provide for the compensation of all election officials in the Town elections and for all other expenses in holding said elections.
Each candidate for an elective office shall meet the qualifications set forth in 2.04.
Any qualified person may make application to have that person’s name placed on the official ballot for the post of Mayor or Council Member. The application shall be made in accordance with all applicable laws and shall state that the candidate agrees to serve if qualified and elected. The application shall be filed with the Town Secretary within the time limits as provided by State law.
Within five (5) days after the filing of an application, the Town Secretary shall notify the candidate whether or not the application satisfied the requirements prescribed by this Charter. If an application is found insufficient, the Town Secretary shall return it immediately to the candidate with a statement certifying wherein it is insufficient. Within the regular time for filing applications, a new application may be filed by the same candidate. The Town Secretary shall keep on file all applications found sufficient at least until the expiration of the term of which the candidates are nominated in those applications.
The Town Secretary shall make up the official ballot as required by the Texas Election Code.
Returns of every municipal election shall be delivered forthwith by the election judges to the Town Secretary with a copy of the returns being sent to the Mayor. The Council shall canvass the returns, investigate the qualifications of the candidates and declare the official results of the election not later than the first regular meeting following delivery of the votes to the Town Secretary. The returns of every municipal election shall be recorded in the minutes of the Council. The qualified person receiving a majority of the votes cast for any office shall thereupon be declared elected by said Council. The decision of the Council, as to qualifications of candidates, shall be conclusive and final for all purposes.
If no candidate receives a majority of all the votes cast for an office, the Council shall immediately upon declaring the official results of the election, order a run-off election for each office to which no one was elected. Such run-off election shall be held in accordance with and as required by the Texas Election Code. In such run-off election, the two (2) candidates who received, in the preceding election, the highest number of votes for each office to which no one was elected, shall be voted on again by the qualified voters, and the candidate who receives the majority of the votes for each such office in the run-off election shall be elected to such office.
It shall be the duty of the Town Secretary to notify all persons elected or appointed by the Mayor with concurrence of the Council of their election or appointment and all the elected or appointed officers may enter upon their duties after so qualifying.
Every officer of the Town, whether elected or appointed, shall take and subscribe to the following applicable oath or affirmation to be filed and kept in the office of the Town Secretary, within thirty (30) days of that officer’s election or appointment:
For Elected Officers: “I __________, do solemnly swear (or affirm) that I will faithfully execute the duties of __________, of the Town of Highland Park, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of this Town. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward for the giving or withholding of a vote at the election at which I was elected. So help me God.”
For Appointed Officers: “I __________, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of __________, of the Town of Highland Park, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter and Ordinances of this Town. I further more solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God.”
Any elected official of the Town may be recalled and removed from office by the electors qualified to vote for a successor of such incumbent as herein provided. The procedure to remove the Mayor or a Council Member shall be as follows:
A petition signed by qualified voters entitled to vote for a successor to the Mayor or the Council Member sought to be removed, equal in number to at least fifteen per centum (15%) of the entire number of persons entitled to vote in said Town, as appears from a certified list of registered voters in the Dallas County Registrar’s office for the year ending January 31st, next preceding, demanding a recall of said Mayor or Council Member shall be filed with the Town Secretary, provided that such petition shall contain a general statement of the grounds for which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his or her signature his or her place of residence, giving the street and number. One of the signers to each of such papers shall make oath before an officer competent to administer oaths that each signature is that of the person whose name it purports to be. Within ten (10) days from the filing of such petition the Town Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters, and if necessary, the Council shall allow the Town Secretary extra help for that purpose, and the Town Secretary shall attach to said petition a certificate showing the result of such examination. If by the Town Secretary’s certification the petition is shown to be insufficient, it may be amended within ten (10) days from the date of said certification. The Town Secretary shall, within ten (10) days after such amendment is filed, in case one is filed with the Town Secretary, make like examination of the said amended petition, and if the Town’s Secretary certificate shall show same to be insufficient, it shall be returned to the person filing same, without prejudice, however, to the filing of a new petition based upon new and different grounds, but not upon the same grounds.
If the petition be found sufficient the Town Secretary shall submit the same to the Council without delay and the Council, in the event the Mayor or the Council Member in question fails to resign, shall order and fix a date for holding the said election not less than thirty (30) days nor more than forty (40) days from the date of the Secretary’s certificate to the Council that a sufficient petition is filed; provided, that if an election is to be held within the Town for any other purpose within sixty (60) days from the date of said certificate, then the said recall election shall be held on the same day. If the Mayor or the Council Member in question resigns, no election shall be necessary and the vacancy shall be filled by the Council as in other cases of vacancies.
The Council shall make or cause to be made publication or notice and provide for holding such election for the successor Mayor or Council Member, and the same shall be conducted, returned and the result thereof declared in all respects as other Town elections. Any officer so elected shall hold office only during the unexpired term of that officer’s predecessor. Any person sought to be removed may be a candidate to succeed for that position and, unless that person requests otherwise in writing, the Town Secretary shall place that person’s name on the official ballot without nomination. The names of other candidates for such position shall be placed on the official ballot by petition in the same manner as provided in 7.05 of this Charter. At such election the candidate receiving, a majority of all votes cast for such office, according to the rules regulating the election of the Mayor and the Council Members as set forth in this Charter, shall be declared elected. At such election, if some other person than the incumbent receives a majority of all votes cast for such office, the incumbent shall thereupon be deemed removed from the office upon the qualification of the successor. In case the party who receives a majority of all votes cast at said election should fail to qualify within ten (10) days after receiving notification of election, the office shall then become vacant. If the incumbent receives a majority of all votes cast at such election the incumbent shall continue in office and shall not be subject to any other recall for any grounds existing prior to said election. In the event that a run-off election is required, the procedure set forth in 7.07 shall be followed.