SECRETARY OF STATE PROPOSES RULE TO IMPLEMENT S.B. 100

Senate Bill 100, passed during the 2011 regular legislative session, is the legislation that may require some cities to modify their general election date and/or schedule.  On July 29, the Secretary of State proposed rules to facilitate the implementation of the bill.  Although the legislative intent of S.B. 100 is to allow cities to change their uniform election date to either November or May of odd-numbered years if the county is unable to furnish election equipment for the May election in even-numbered years, the changes made to the statute clearly authorized only a switch to the November date.  The proposed rule clarifies that a city is authorized to change its uniform election date from the second Saturday in May of an even-numbered year to either the November uniform election date or the second Saturday in May of an odd-numbered year.  

The proposed rules can be found in the July 29, 2011, Texas Register at http://www.sos.state.tx.us/texreg/archive/July292011/PROPOSED/1.ADMINISTRATION.html#3.  Interested cities may submit comments on the proposed rules either in written form to the secretary of state’s office, or via e-mail to elections@sos.state.tx.us.  Comments are due on August 28, 2011.

(Note:  Cities that currently hold elections in May of even-numbered years need not make any major changes to their election practices if the county agrees to continue to furnish election services for all May uniform election dates.  In recent weeks, several counties have evaluated their capabilities and determined that they can continue to work with cities to hold May elections as usual.  Cities that have not already done so should contact their county election officials to inquire about the county’s ability to work with cities to conduct May elections in the future.) 


TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League.

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