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.”
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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.”
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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.