The regular City Election shall be held annually, within the guidelines established by the laws of the State of Texas to fill those offices that become vacant that year. The City Council shall fix the hours and place for holding such elections. Notice of the election shall be published in the Official Newspaper, such publication to be not less than forty-five (45) days before the election. Each candidate for the City Council shall file for one place and shall be elected to that place by obtaining a majority of the votes cast. Places 1, 3 and 5 shall be filled in odd numbered years. The Mayor’s office and places 2 and 4 shall be filled in even numbered years.
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 city will join into an agreement each year with the Smith County Elections Division to hold any and all elections for the City. All elections related items will be handled by the Smith County Elections Division.
Any qualified voter of the city who is otherwise qualified to hold elective office under this charter may have his/her name printed upon the official ballot for the particular office at any election by filing his/her sworn application as required by the Election Code of the State of Texas, a City of Whitehouse Application for Elective Office and a Loyalty Oath.
The names of all candidates for office, except such as may withdraw, die, or become ineligible, shall be printed on the official ballots without party designations, and otherwise in accordance with state law. If two candidates with the same surnames, or with names so similar as to be likely to cause confusion have made application to have a place on the ballot, the addresses of their places of residence shall be placed with their names on the ballot. Candidate names shall be listed in the order determined in a drawing of lots, conducted by the City Secretary.
At any regular or municipal election, the candidate in each place or office who shall have received the majority of votes cast for that place in such election shall be declared elected. Should any candidate fail to receive the majority of votes for the office or place for which they are a candidate, the Council shall immediately order a runoff election to be held on a date in accordance with the laws of the State of Texas and as set by ordinance of the City. At this special election, the names of the two (2) candidates receiving the highest number of votes at the regular election, for the office or place for which they are candidates, shall be printed on the ballot and submitted to qualified voters for election, and the candidate receiving the majority of votes in such special election for the place or office for which they were a candidate, shall be declared duly elected.
The returns of every municipal election shall be delivered forthwith by the election judges to the proper authority in compliance with the laws of the State of Texas. The City Council shall canvass the returns, investigate the qualifications of the candidates and declare the official results of the election in accordance with the laws of the State of Texas. Returns of every municipal election shall be recorded in the minutes of the Council. The qualified person receiving the majority of 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.
The Mayor and each Council Member shall, before entering upon the duties of his office, take and subscribe to the oath of office based upon the one prescribed for elective officers of the state in the constitution of the State of Texas, and appointive officers of the City shall take and subscribe to the oath of office based upon the one prescribed for appointive officers of the state.