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Res 2023-106R approving a contract for Election Services with the Hays County Elections Administrator for the provision of Election Services for the City’s General Election
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Res 2023-106R approving a contract for Election Services with the Hays County Elections Administrator for the provision of Election Services for the City’s General Election
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7/11/2023 4:57:34 PM
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City Clerk - Document
Resolutions
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Approving
Number
2023-106R
Date
6/6/2023
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VI. MISCELLANEOUS PROVISIONS <br /> A. Nontransferable Functions. In accordance with Section 31.096 of the Texas <br /> .Election Code, nothing in this Contract shall authorize or permit a change in: <br /> 1. The authority with whom or the place at which any document or record <br /> relating to the Election is to be filed; <br /> 2. The officers who conduct the official canvass of the Election returns; <br /> 3. The authority to serve as custodian of voted ballots or other Election <br /> records; or <br /> 4. Any other nontransferable function specified under Section 31.096 or <br /> other provisions of law. <br /> B. Cancellation of Election. If the City cancels its Election pursuant to Section 2.053 <br /> of the Texas Election Code, the Contracting Officer shall be entitled to receive an <br /> City administrative fee of$75. The Contracting Officer shall submit an invoice for <br /> the administrative fee as soon as reasonably possible after the cancellation, and the <br /> City shall pay the fee. <br /> C. Contract Copies to Treasurer and Auditor. In accordance with Section 31.099 <br /> of the Texas Election Code, the Contracting Officer agrees to file copies of the <br /> Contract with the County Treasurer and the County Auditor of Hays County,Texas. <br /> D. Election to Resolve a Tie. In the event that an Election is necessary to resolve a <br /> tie vote,the terms of the Contract shall extend to the second Election, except: <br /> 1. The City and the Contracting Officer will agree upon the date of the Election <br /> and the early voting schedule subject to provisions of the Election Code and <br /> with regard to other elections being conducted by the Contracting Officer. <br /> 2. The City will be responsible for any legally required Department of Justice <br /> preclearance submission under Section 5 of the Federal Voting Rights Act. <br /> 3. An attempt will be made to use the Election workers that worked in the first <br /> Election; those poll workers will not have additional training provided by <br /> the Contracting Officer. <br /> 9 <br />
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