(A) All elections pertaining to municipal affairs shall be governed by the election laws of the State of Texas. In all city elections, the Mayor, City Secretary, or the governing body shall do and perform each act in other elections required to be done and performed respectively by the County Judge, the County Clerk, or the Commissioners’ Court. In all city elections the Mayor, or if he or she fails to do so, the governing body, shall order the election, give notice and appoint election officers to hold the election. In general elections for officers the notice or proclamation shall be issued and posted at the polling places not later than 30 days before the first Tuesday in April of the year in which the election is to be held.
(B) Any eligible and qualified person may have his or her name printed upon the official ballot as an independent candidate for the office of Mayor or Commissioner or other city office by filing his or her sworn application with the Mayor at least 30 days prior to the election day. The application shall state the specific office or place being sought by the applicant and that the applicant is eligible and qualified under the laws of the State of Texas to become a candidate for and hold the office being sought, if elected.
(C) (1) The form of the sworn application shall be substantially as follows:
“To the Mayor of the City of Wake Village, Texas, Greetings:
I, , hereby make application to have my name printed on the official ballot as an independent candidate for the office of to be voted upon at the city election to be held on the day of , ; and I hereby certify that I am qualified to make this application and that I am legally qualified to hold such office, if elected.
THE STATE OF TEXAS
COUNTY OF
, being duly sworn, deposes and says that the statements contained in the foregoing application are true.
(Signed)
Subscribed and sworn to before me this the day of , 20 .
(Seal)
Notary Public in and for Bowie County, Texas.”
(2) The sworn application may be accompanied with a petition signed by qualified electors, although such petition is not required.
(D) The names of all those who have filed their sworn applications to have their names printed on the official ballot as candidates shall be posted by the City Secretary in a conspicuous place at his or her office for the inspection of the public for at least ten days before he or she orders the ballots to be printed. All objections to the regularity or validity of the application of any person shall be made within five days after the posting, by written notice filed with the City Secretary, setting forth the grounds of objections. In case no such objection is filed within the time prescribed, the regularity or validity of the application of no person whose name is so posted, shall be thereafter contested. The City Secretary shall preserve in his or her office for a period of two years all applications, notice of objections, and other related papers.
(E) Any person eligible to the office of Mayor, Council member or other office who has filed his or her sworn application in accordance with the provisions of this section shall have his or her name printed on the official ballots. Any such person may cause his or her name to be withdrawn at any time before the official ballots are actually printed, by filing in writing with the City Secretary a request to that effect over his or her own signature, duly attested by a Notary Public. No name so withdrawn shall be printed on the ballots. Not later than 20 days before the city general election the City Secretary shall have the official ballots printed.
(F) Each qualified voter who desires to cast an absentee vote and who expects to be absent on the day of the city general election shall be entitled to an official ballot and the right to cast the ballot in accordance with the provisions of Tex. Election Code § 82.001.
(G) Hereafter all municipal elections shall be conducted by one presiding officer or judge and two assistant judges to be appointed by the Mayor of the city; that the presiding officer shall be compensated for his or her services and the assistant judges shall be compensated at a rate per day to be set by Council from time to time, which services shall be paid from the General Fund of the city.
(H) Hereafter all elections for the selection of officials shall be held at the City Office or City Hall in the City of Wake Village, Bowie County, Texas, between the hours of 8:00 a.m. and 6:00 p.m.
(I) The City Marshal shall post a properly executed copy of the election proclamation and notice at the place where the election is to be held. This notice shall be posted 30 days before the date of the election.
(J) It shall be the duty of the City Secretary to notify all persons elected, and all newly elected officers may enter upon their duties on the fifth day thereafter, Sundays excepted. If any such officer fails to qualify within 30 days after his or her election, his or her office shall be deemed vacant, and a new election held to fill the same.
(Ord. 2-51, passed 2-14-1951)