Ord 2004-010/ Ordering a General and Special Election on May 15, 2004 for the purpose of Electing Mayor, Council Member Place 1, Place 2 and Place 3

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Any qualified person who desires to become a candidate in a general election to a place on the city council shall file with the city clerk at least 62 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 qualifications for holding the office sought under the laws of Texas and the provisions of this Charter. MEASURE NO. 4 SHALL SECTION 6.05(a) OF THE CITY CHARTER BE AMENDED REGARDING THE TIME FOR HOLDING AN ELECTION AFTER THE CERTIFICATION OF AN INITIATIVE OR REFERENDUM PETITION, TO READ AS FOLLOWS: (a) When the ~ouncil 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 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. MEASURE NO. 5 SHALL SECTION 6.07 OF THE CITY CHARTER BE AMENDED REGARDING THE PERIOD OF TIME A RECALL PETITION IS VALID, TO READ AS FOLLOWS: Sec. 6.07. Power of recall. The people of the city reserve the power to recall any elected officer of the City of San Marcos and may exercise such power by filing with the city clerk a petition demanding the removal of the officer, signed by at least ten per cent of the qualified voters of the city. The recall petition shall be provided only by the city clerk. No signature shall be counted where there is reason to believe it is not the actual signature of the purported signer or that it is a duplication either of name or handwriting used in any other signature on the petition, and no signature shall be counted unless it is accompanied by all of the information required by applicable state law. Before signatures on any recall petition form may be counted, one of the signers of such petition paper, a qualified voter in the City of San Marcos, shall make -3- Election 2004.wpd