01262004 Regular Meeting - Laserfiche WebLink

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language proposed is not intended to change current practice, but rather to define the breadth of the protection more precisely. 3. Amend Section 5.03 regarding the filing of applications by candidates for ci~ council: Sec. 5.03. Filing for office. Any qualified person who desires to become a candidate for election to a place on the city council shall file with the city clerk at least 62 4-5 days prior to the election day an application for his or her name to appear on the ballot. Such application shall clearly designate the place on the council to which the candidate seeks election and shall contain the candidate's sworn statement of compliance with the qualification for holding the office sought under the laws of Texas and the provisions of this Charter. Rationale: The proposed change will keep the Charter current with State law. The State Legislature revised the candidate filing period for local elections in the State Election Code fi:om 45 to 62 days in 2003. 4. Amend Section 6.05 regarding the holding of elections after the certification of an initiative or referendum petition: Sec. 6.05. Council consideration and submission to voters. (a) When the council receives an authorized initiative petition certified by the city clerk to be sufficient, the council, within 30 days after the date of the certification, shall either: (1) Pass the initiated ordinance without amendment; or (2) Call an election on the adoption of the initiated ordinance without amendments, to be held on the next uniform date authorized by state law for municipal elections which is at least 62 4-5 days after the date on which the council acts. At the election, the council may submit the initiated ordinance without amendment, and an alternative ordinance on the same subject proposed by the council; the voters being given the opportunity to accept or reject both. If both are accepted, then the ordinance receiving the greatest number of affirmative votes is adopted, and the other ordinance is deemed rejected. If both are accepted and receive the same number of affirmative votes, both are deemed rejected. (b) When the council receives an authorized referendum petition certified by the city clerk to be sufficient, the council shall reconsider the referendum ordinance, and within 30 days, shall either repeal the ordinance or call an election on the repeal of the ordinance, to be held on the next uniform date authorized by state law for municipal elections which is at least 62 4-5 days