12-R-08 Joint Election City of Schertz and City of Cibolo and contracting with the Guadalupe County Elections AdministratorRESOLUTION NO. 12-R-OS
A RESOLUTION BY THE CITY COUNCII. OF THE CITY OF SCHERTZ,
TEXAS, CALLING A JOINT ELECTION WITH THE CITY OF SCHERTZ, AND
THE CITY OT CIBOLO TO BE HELD ON MAY 12, 2012 FOR TIIE PURPOSE
OF ELECTING COUNCILMEMBERS FOR PLACE 1, PLACE 2 AND FOR
MAYOR FOR SAID CITY; MAKING PROVISION FOR THE CONDUCT OF A
JOINT ELECTION; CONTRACTING WITH THE ELECTIONS
ADMINISTRATOR OF GUADALUPE COUNTY TO CONDUCT THIS
ELECTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS:
SECTION 1. An election shall held on May 12, 2012 in and tluoughout the City of
Schertz, Texas (the "City"), for the purpose of electing Council Place 1, Place 2 and
Mayor. Councihnember Jim Fowler currently holds Place 1; Councihnember David
Scagliola currently holds Place 2; and Hal Baldwin currently holds the office of Mayor.
SECTION 2. The City will hold a joint election with the City of Cibolo provided
pursuant to the provisions of a joint election agreement between the City of Schertz, and
the City of Cibolo adopted in accordance with the provisions of Section 271,002, as
amended, Texas Election Code (the "Code"),
SECTION 3. The City will enter into an agreement with the Elections Administrator of
Guadalupe County (the "Guadalupe County Elections Administrator") to conduct all
aspects of this election.
SECTION 4. At said election, the candidate receiving the most votes for
Councilmember's Place 1, Place 2 and Iviayor, respectively, is declared elected for a term
to expire in May 2014. Any candidate desiring to have his or her name on the Official
Ballot for said election shall file no sooner than February 4, 2012 and no later than March
5, 2012, file with the City Secretary an application in writing in the form prescribed by
the Texas Election Code requesting that his or her name be placed on the Official Ballot
and declaring as a candidate for Councilmembers Place 1, Place 2 and for Mayor. Any
.person failing to file said written application for candidacy by the time aforesaid shall not
be entitled to have his ot• her name printed on the Official Ballot. The name of all eligible
candidates whose applications have been duly and timely filed shall be placed on the
ballot pursuant to a drawing as provided by law.
SECTION 5. Pursuant to Section 61.012, as amended, Texas Election Code, the City
shall provide at least one accessible voting system in each polling place used in the
election. Such voting system shall comply with Texas and federal laws establishing the
requirement for voting systems that permit voters with physical disabilities to cast a
secret ballot. Touch screen machines shall be used for early voting and election day
voting by personal appearance. Certain early voting may be conducted by mail. The
Guadalupe County Elections Administrator shall also utilize a Central Counting Station
(the "Station") as provided by Section 127.001, et seq., as amended, Texas Election
Code. Guadalupe County Administrator, Sue Basham will serve as Early Voting Clerk
and will appoint the Election Judges and Clerks for each station location, and establish a
written plat for the orderly operation of the Station locations in accordance with the
provisions of the Texas Election Code. The Guadalupe County Elections Administrator
will appoint the Tabulation Supervisor which will also serve as the Programmer for the
Stations. Lastly, the Guadalupe County Elections Adminish•ator will publish notice and
conduct testing on the automatic tabulation equipment relating to the Stations and
conduct instruction for the officials and clerks for the Stations in accordance with the
provisions of the Texas Election Code.
SECTION 6. The City election precincts established for this election shall be the
precincts named on Exhibit A attached hereto. A list of the City election precincts and
the polling places designated for each such election precinct are identified on Exhibit A
to this Resolution, and this Exhibit is incorporated by reference for all purposes. The
Guadalupe County Elections Adminishator will identify and formally approve the
appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all
other election officials for this election,
Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the
County to act as clerks to properly conduct the election. However, if the Presiding Judge
appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks.
The appointment of such clerks may include a person fluent in the Spanish language to
serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid
at the polls on the day of the election. hr the absence of the Presiding Judge named
above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge.
The election shall be heldnt the Schertz Community Center, 1400 Schertz Parkway,
Bldg. 3, Schertz, Texas 78154 as prescribed by applicable law and on the day of the
election, the polls shall be open from 7:00 o'clock a.m. to 7:00 o'clockp.m.
The Guadalupe County Elections Office, 1101 Elbel Road, Schertz, Texas 78154, is
hereby designated as the main early voting place at which early voting shall be
conducted. Sue Basham, the Elections Administrator of Guadalupe County (whose
mailing address is Post Office Box 1346, Seguin, Texas 78156) is hereby appointed as
the Early Voting Clerk to conduct such early voting in the election. The Early Voting
Clerk shall appoint not less than two (2) Deputy Early Voting Clerks in accordance with
the provisions of the Texas Election Code. Early voting shall be conducted at the main
early voting place from April 30, 2012 tluough May 8, 2012, with the exception of
Saturdays, Sundays, and official State holidays. The hours for early voting shall be from,
8:00 a.m, to 5:00 p.m,, Monday, April 30, 2012 through Friday, May 4, 2012 and from
7:00 a.m, to 7:00 p.m. on May 7, 2012 and May 8, 2012. Applications for ballots by mail
must be received by the Early Voting Clerk not later than the close of business on May 4,
20]2.
An Early Voting Ballot Board is hereby established for the purpose of processing early
voting results. Sue Basham, Elections Administrator will appoint the Presiding Judge of
the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2)
nor more than ten (10) resident qualified voters of the County to serve as members of the
Early Voting Ballot Board.
SECTION 7. All resident qualified voters of the City shall be permitted to vote at the
early voting location and on the day of the election, such voters shall v6te at any one of
the designated polling places. The election shall be held and conducted in accordance
with the provisions of the Texas Election Code, as amended, and the provisions of Texas
Revised Civil Statutes Annotated Chapter 1 of Title 22, as amended, and as may be
required by any other law. All election materials and proceedings shall be printed in both
English and Spanish.
SECTION 8. A substantial copy of this Resolution shall serve as a proper notice of the
election. This notice, including a Spanish translation thereof, shall be posted at the City
Hall not less than twenty-one (21) days prior to the date the election is to beheld, and be
published in a newspaper of general circulation in the City, not more than thirty (30)
days, and not less than ten (10) full days prior to the day of the election.
SECTION 9. The CouncIl authorizes the Mayor, or his/her designee, to negotiate and
enter into a joint election agreement with Guadalupe County Elections Administrator and
the City of Cibolo in accordance with the provisions of the Texas Election Code.
SECTION 10. The Council authorizes the Mayor, or his/her designee, to negotiate and
enter into a contract with the Guadalupe County Elections Administrator to conduct the
election in accordance with the provisions of the Texas Election Code.
SECTION 11. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all proposes and are
adopted as a part of the judgment and findings of the Council.
SECTION 12. All resolutions or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters ordered
herein.
SECTION 13. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 14. If any provision of this Resolution or• the application thereof to any
person or circumstance shall be held to be invalid, the remainder of this Resolution and
the application of such provision to other persons and circrunstances shall nevertheless be
valid, and this Council hereby declares that this Resolution would have been enacted
without such invalid provision.
SECTION 15. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Resolution, was given, all as requhed by Chapter 551, Texas Government Code, as
amended.
SECTION 16. By vote of not less than two-thhds of the members of the City Council
present at the meeting at which this Resolution was first considered, the City Council has
determined that action is required, and this Resolution is hereby adopted.
PASSED, APPROVED AND ADOPTED on this the 31st daY9fJanuary, 2012,
City of Scheirtz, Texas
ATTEST:
rends Dennis TRMC, ivIMC, City Secretary
(SEAL OF CITE
EX)EIIBIT A
Early Voting Location
Guadalupe County Elections Office
1101 Elbel Road
Schertz, Texas
Monday, Apri130th - Triday, May 4"' 8:00 a.m. to 5:00 p.m.
iYonday, May 7`h -Tuesday, May 81h 7:00 a.m. to 7:00 p.m.
EL)CCTION DAY
MAY 12, 2012
7:00 a.m. to 7:00 p.m.
City
Election
Precinct
Presiding Judge
Alternate Judge
Polline Place
City of To be appointed To be appointed by Schertz Community Center
Schertz by the Guadalupe the Guadalupe 1400 Schertz Parkway
Elections Elections
Administrator Administrator Building #3
Schertz, Texas 78154
Election Information For the General Election May 12, 2012
The Ciry of Schertz will be holding a General & Special Election on May 12, 2012 to elect
officials for Council positions for a rivo-year term. The current positions to be considered on the
May12`h ballot are: Mayor, Council Places 1 and 2. Hal Baldwin -Mayor, Place 1 -
Councilmember Jim Fowler, Place 2 - Councilmember David Scagliola currently hold these seats.
The first day to file for a place on the ballot along with a $5 filing fee is February 4, 2012 until
5:00 p.m. on March 5, 2012 with the City Secretary's office.
To be~ligible to be a candidate for public elective office, a person must:
Have attained the age of eighteen at the time of filing for office;
/ Be a registered voter at the time of filing for office;
/ Have been a resident of the City for at least six consecutive months immediately
preceding filing for office;
/ Not be an obligor to the City on any obligation past due, provided, however, that a
person may be elected and hold office if such obligation is being actively contested in
the appropriate forum.
April 12, 2012 -Last day for submitting voter registration application in time to vote at the
election. Voter registration card can be picked up the Schertz Library, City Hall and County
offices.
EARLY VOTING SCFIEDULE:
Guadalupe County Office Building -Election Office
1101 Elbel Road
Schertz, TX 78154
Dates: Monday, Apri130, 2012 -Friday, May 4, 2012
Hours: 8:00 a.m. - 5:00 p.m.
Dates: Monday, May 7, 2012 -Tuesday, blay 8, 2012
Hours: 7:00 a.m. - 7:00 p.m.
Election Day Locations: The polling place listed below will be open from 7:00
a.m. to 7:00 p.m. on May 12, 2012.
Schertz Community Center
1400 Schertz Parkway
Schertz, Texas 78154
If you have further questions, please feel free to cm~tact the City Secretary's office at 619-
1030 or 619-1031. Candidate packets are available on the City's website at
wwwschertz.com under the City Secretary's Depairtment.
JOINT ELECTION AGREEMENT BETWEEN THE
CITY OF SCHERTZ AND THE CITY OF CIBOLO
This joint election agreement is made this~day of ~a-rwar~ , 2012, by
and between the City of Schertz and the City of Cibolo (collectively "Entities" or "Participating
Entities').
WHEREAS, the City of Schertz plans to hold a General Election on May 12, 2012, for
the purpose of electing two (2) city council members for Place 1, Place 2, and for the Mayor;
WHEREAS, the City of Cibolo plans to hold a General Election on May 12, 2012, for
the purpose of electing four (4) city council members for Place 1, Place 4, Place 5 and Place 6;
WHEREAS, Texas Election Code section 271.002 authorizes the governing bodies of
political subdivisions to enter into an agreement to hold joint elections in election precincts that
can be served by common polling places;
WHEREAS, the parties to this agreement serve voters within the same boundaries, and it
would be to the benefit of the City of Schertz and the City of Cibolo, and the citizens and voters
thereof to hold the elections jointly.
NOW, THEREFORE, IT IS AGREED that a joint election will be held by City of
Schertz and the City of Cibolo under the following terms and conditions:
THIS AGREEMENT is subject to the written approval of all parties and shall not be
binding on the parties until such written approval is obtained.
THIS AGREEMENT will require the Guadalupe County Elections Administrator to be
appointed as the Joint Early Voting Clerk.
THIS AGREEMENT requires the City of Schertz and the City of Cibolo to use joint
ballots.
THIS AGREEMENT requires the City of Schertz and the City of Cibolo to share costs
associated with this joint election proportionally where polling places are shared by more than
one entity.
THIS AGREEMENT requires the City of Schertz and the City of Cibolo to be
responsible for ordering its own election and publishing notice of the elections separately. The
cost to publish the notice will be the responsibility of each individual entity.
THIS AGREEMENT will require joint Early Voting and Election Day locations, dates,
and times to be used by the City of Schertz and the City of Cibolo.
Page 1 of 6
THIS AGREEMENT will require the Guadalupe County Elections Administrator to
tabulate the precinct results and canvassing separately for the City of Schertz and the City of
Cibolo. The results will be delivered to each entity by facsimile.
THIS AGREEMENT will require the Guadalupe County Elections Administrator to be
responsible for the safekeeping of election records for this joint election.
THIS AGREEMENT will require the Guadalupe County Elections Administrator to be
responsible for performing the following duties and to furnish the following services and
equipment pursuant to the election services contract with Guadalupe County:
1. Recommend election judges, alternate judges and clerks.
2. Pay election judges and other election workers.
3. Procure and distribute all necessary election supplies.
4. Supply all necessary voting equipment; transport equipment to and from the
polling places, and prepare the voting equipment for use at the polling places.
5. Issue Writs of Election to the election judges appointed.
6. Perform early voting clerk duties.
7. Publish the legal notice of the date, time, and place of the electronic tabulating
equipment test and conduct such test and provide copies to entities.
8. Prepare any submission of voting changes to be submitted to the U.S. Department
of Justice under the Federal Voting Rights Act of 1965, as amended.
9. Arrange for the use of a central counting station and for the tabulating personnel
needed at the counting station and assist in the preparation of programs and the
test materials for tabulation of the ballots to be used with electronic voting
equipment.
10. Assist in providing the general overall supervision of the election and will provide
to the Canvassing Authority the prescribed election records and reports as
required when a central counting station is used:
(a) Canvassing Summary Report,
(b) Accumulated Totals Report of early voting and Election Day, and
(c) Electronically submit results to the Secretary of State.
11. Ballot type: (For use with mail ballots.) Optical scan.
12. Ballot tabulating equipment to be used:
Premier Touch Screens,
Premier Optical Scan for paper ballots.
GENERAL CONDITIONS
A. Common Early VOtinE and Election Day Polline Locations
Early voting by personal appearance will be conducted at the following location at the
specified dates and times:
Guadalupe County Office Building -Election Office
1101 Elbel Road
Schertz, TX 78154
Page 2 of 6
Dates: Monday, Apri130, 2012 -Friday, May 4, 2012
Hours: 8:00 a.m. - 5:00 p.m.
Dates: Monday, May 7, 2012 -Tuesday, May 8, 2012
Hours: 7:00 a.m. - 7:00 p.m.
Election Day Locations: The polling places listed below will be open from 7:00 a.m, to
7:00 p.m. on May 12, 2011.
Schertz Community Center
1400 Schertz Parkway
Schertz, TX 78154
B.
C
Joint Election Costs: Payment
City of Cibolo City Hall
200 South Main
Cibolo, TX 78108
A. Costs. Access to the common polling location(s) set out herein will be provided
at no charge. However, each Entity remains responsible for all costs associated
with their respective elections only.
All funds expended by each Entity will be from current revenues.
B. Cancellation. In the event any of the parties to this Agreement cancel their
election because of unopposed candidates under Subchapter C of Title I of the
Texas Election Code, the remaining parties shall be responsible for their
respective elections, including all associated costs. The canceling party shall be
responsible for its respective share of election expenses incurred through the date
that the election is canceled as allocated to that Entity. In the event that a party
cancels its election, the other parties shall continue to have access to the polling
locations at no charge.
If an election is to be canceled by one of the parties, notice will be given within
two (2) days of cancellation.
General Provisions
A. Communications. Throughout the term of this Agreement, the Participating
Entities will engage in ongoing communications concerning the conduct of
the Joint Election and discuss and resolve any problems which might arise
regarding the Joint Election.
B. Effective Date. This Agreement takes effect upon the complete execution of
this Agreement by all Participating Entities.
Page 3 of 6
C. Custodian of Records. Each Participating Entity will serve as their individual
custodian for purposes of election records as required by law. Each
Participating Entity shall appoint a qualified person to act as Custodian of
Records for the Entity to perform the duties imposed by the Election Code on
the custodian of records for its respective entity.
D. Miscellaneous Provisions
A. Venue and Choice of Law. The Entities agree that venue for any dispute
arising under this Agreement will lie in the appropriate courts of Guadalupe
County, Texas. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas and the United States of
America.
B. Entire Agreement. This Agreement contains the entire agreement of the
parties relating to the rights herein granted and the obligations herein
assumed and supersedes all prior agreements, including prior election
services contracts relating to each Entity's May 12, 2012 election. Any prior
agreements, promises, negotiations, or representations not expressly
contained in this Agreement are of no force and effect. Any oral
representations or modifications concerning this Agreement shall be of no
force or effect, excepting a subsequent modification in writing as provided
herein.
C. Severability. If any provision of this Agreement is found to be invalid, illegal
or unenforceable by a court of competent jurisdiction, such invalidity,
illegality or unenforceability shall not affect the remaining provisions of this
Agreement; and, parties to this Agreement shall perforni their obligations
under this Agreement in accordance with the intent of the parties to this
Agreement as expressed in the terms and provisions of this Agreement.
D. Breach. In the event that any Participating Entity breaches any of its
obligations under this Agreement, the non-breaching party shall be entitled to
pursue any and all rights and remedies allowed by law. Nothing in this
Agreement shall be construed as a waiver of any immunity or defense to
which any Participating Entity is entitled under statutory or common law.
E. Other Instruments. The Entities agree that they will execute other and further
instruments or any documents as may become necessary or convenient to
effectuate and cant' out the purposes of this Agreement.
F. Mediation. When mediation is acceptable to both parties in resolving a
dispute arising under this Agreement, the parties agree to use a mutually
agreed upon mediator, or a person appointed by a court of competent
jurisdiction, for mediation as descr7bed in Section 154.023 of the Texas Civil
Practice and Remedies Code. Unless both parties are satisfied with the result
of the mediation, the mediation will not constitute a final and binding
Page 4 of 6
resolution of the dispute. All communications within the scope of the
mediation shall remain confidential as described in Section 154.023 of the
Texas Civil Practice and Remedies Code, unless both parties agree, in
writing, to waive the confidentiality. Notwithstanding the foregoing, the
parties intend to fully comply with the Texas Open Meetings Act and the
Texas Public Information Act, whenever applicable. The term "confidential"
as used in this Agreement has the same meanings as defined and construed
under the Texas Public Information Act and the Texas Open Meetings Act.
G. Amendment/Modification. Except as otherwise provided, this Agreement
may not be amended, modified, or changed in any respect whatsoever, except
by a further Agreement in writing, duly executed by the parties hereto. No
official, representative, agent, or employee of any Participating Entity has
any author7ty to modify this Agreement except pursuant to such expressed
authorization as may be granted by the governing body of the respective
Participating Entity.
A. Counterparts. This Agreement maybe executed in multiple counterparts, all
of which shall be deemed originals and with the same effect as if all parties
hereto had signed the same document. All of such counterparts shall be
construed together and shall constitute one and the same Agreement.
*****REMAINDER OF PAGE INTENTIONALLY LEFT BLANK***
Page 5 of 6
The undersigned are the duly authorized representatives of the parties' governing bodies, and their
signatures represent adoption and acceptance of the terms and conditions of this agreement.
APPROVED, this 3151,r day ofi-V, , 2012, by the City Council of the
CITY OF SCHERTZ /~~
Hal Baldwin,`h
City of Schertz
APPROVED, this / ~ day of moo, v. ~c~r y , 2012, by the City Council of
the CITY OF CIBOLO
Page 6 of 6
•r•rlcsTrlTEOr7•cuis ~
COURT F' 0T GUADAL UPG J
CONTRACT POR LLI;CTION S1;RVICES
TTiIS CONTRACT ntadc by and between Guadakgte Cuualy, a hotly corporxtle ant!
politic under the laws of the Stale of Texas, hereinafter referred to as "Couuly," and City of
Sclreriz, Texas, ItereiuaFier referred to as "Political Subdivision," pursuant to Texas Gleclion
Code Sections 31.092(x) for an election to be held on rblay 12, 2012, and to be administered by
Suc Bashant, Elections Athuinistrator, hereinafter referred to as "Elections Adminisualor".
2012.
Sait1 Political Subdivision is holding a General Election, al Ihcir expense on blay 12,
The County owns an electronic voting system, the Diebold Touch Screens For Early
Voting vul Election Day voting and L)iebold Optical Scan Fa' paper mail ballots, which has been
duly approved by dtc Secretary of State pursuant to Texas Gleclion Code Chapter 122 ns
amended, mul is coutpliant with the accessibility requirements set forth by 'I"exas Election Code
Section G L012. Political Subdivision desires to use the County's electronic voting syslcm tux! to
compensate the County for such use.
NOW TIIRREI'OR);, in consideration of the amhtal covenants, agreenreals, mtd
benefits In the parties, IT TS AGR1;Cp as follows:
I. ADr~IINlSTlL1TlON
The Elections a\dmiuislralor oFGuadalupe Couuly shall coordinate, supen~isc, aad handle
all aspects of administering the Election as provided is this Contract. Political Subdivision agrees
to pay Guadalupe County for equipment, supplies, services, and achninish•alive costs as provided
iu This ConU•acl. The CleGions Administrator shall serve as the administrator 1'or the Election;
however, the I'olilical Subdivision shall remain responsible for the decisions and actions ol• its
officers necessmy for the tawhd conduct of ifs election. "fhe Elections Atlminislrator shall
provide advisory services in couneclioa with decisions to be matte +nul actions Iv he taken by the
officers of the Political Subdivision.
It is understood that other political subdivisions tray wish to participate iu the use of the
County's electronic voting syslcm and polling places, and it is agreed that Guadahtpc County
and the Elections Administrator may enter info other conu•ucts lia• election services for !hose
purposes on terms and conditions generally similar to (hose scl forth is this contract. Political
Subdivision agrees that other political subdivisions that may have territory located partially or
wholly within the boundaries of Political Subdivision, and in snch case all parties shtu•ing
conunoo Territory shall enter into a Joint Election rlgrcement and share a join) ballot on the
county's electronic voting system at the applicable polling places. Bt such cases, costs shall be
divided among the participants.
Pttge 1 of 7
AI each polling locatiou, joint pm ticipanls shall shv'e voting equipment and supplies to
the extent possible. 7"Ile participating parties shall share a mutual ballot in those precincts where
jurisdictions overlap. However, in no instance shall a voter be pe:utitted to receive a ballot
containing an office m' proposition stating a measure on which the voter is ineligible to vole.
~luhiple ballot styles shall be available in those shared polling places +vhere jurisdictions do not
overlap.
Ii. LI/Gr\L DOCUVIRNTS
Political Subdivision shall he responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, mtd any ocher pertinent documents required by
llte Texas Election Cade nod/or Political Subdivision's governing body, cltnrler, m' ordinances.
Preparation of the necessary materials for notices nod the ol7icinl hallo! shall he the
responsibility of the Political Subdivision, including U'anslalion to languages other thno Gnglish.
Political Subdivision shall provide a copy of (heir election order and notice to the Elections
Adminislrntor•. T'he Political Subdivision shall prepare n submission to the United Slates
Dep:nUneot of Justice for precleumtce of the election procedures and polling places, pursuant to
the Voting Rights Act of 1965, as amended.
III. VOTING LOCATIONS
The Elections Administrator shall arrange for the use of all Election Qay voting locations.
Voting locations will be, whenever possible, the usual voting locations far Political Subdivision.
ht the event a voting locatiou is not available, the Elections Adminislrntor will arrange l'or' use uP
nn alternate location with the approval of the Political Subdivision.
if polling places are different from the polling place(s) used by Political Subdivision in
it's moss recent election, Political Subdivision agrees to post a notice no later than the: day before
the election, nt the entrance to any previous polling places iu the jurisdiction stating That the
polling locatiou has changed and stating the political subdivision's polling place names and
addresses in effect for election.
IV. I:LIC'TION JUDG);S, CLCRKS, AND O'l'HGR rLrC'fION YPRSONN)iL
Elections Adminish'ntor shall recommend election judges, nlternalejudgcs and clerks.
Upon request by the Elections Administrator, Political Subdivision agrees In assist in recruiting
polling place ol7icittls +vho arc bilingual (fluent in both English and Spanish).
The Elections Achninish'ator shall nolily all eleclionjudges ol'Ihe eligibility requirements
of Subchapter C of Chapter 32 ol'the Texas Election Code, aunt will tnkc the accessary steps to
ensure Ihnl all election judges appointed for the Election arc eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all
election judges and clerks. The Elections t\dminish'ator shall arrange for the date, time, and
place for presiding election judges to pick up their election supplies. Each presiding election
Ynge 2 of 7
judge will be sent a letter from the Elections Administrator notifying hint/her of Qteir
appoiuUnent, the time and location ol'L•aining and distribution of election supplies, foul the
number of election clerks that the presiding judge Wray appoint.
Each clcction judge and clerk wilt receive compensation at mt hotn•ly rate established by
Guadalupe County pursuant to "texas Election Code Section 32.09E (Election Judge and
Alternate Judge - 510/hour; Clerks-59/hour; Early Voting Clerks-59.15/hour) The Election Judge
will receive mt additional cunt of 525.00 for picking up the election supplies prior to Election
Day and Im• returning the supplies and equipment to the central counting station after the polls
close. Iu addition, all workers receive a 515 flat rate crnnpensation for mmtdalory h'ainiug.
V. PREPARATION Qty 5UPPLlES AND VO'I'INU EQIJII'N]ENT
'the Elections Adminisp'atm• shall arrange for all election supplies turd voting equipment
including, but not limited to official ballots, sample ballots, voter regishation lists, and all forms',
signs and other materials used by the eleclioujudges at the voting locations.'fhe Elections
Adminisu•ator shall provide (hc necessary voter registration inl'onnatiou, instr'netions, and other
information needed for the election, If special maps are needed for a particular Political
Subtlivisiou, the Election Administrator will order the maps and pass that charge oa to that
particular Political Subdivision.
Political Subdivision shall htrnish the Elections Administrator n list of candidates and/or
propositions showing the order and the exact utauner in which the candidate names and/or
proposition(s) are to appear on the official ballot (including titles and text in each language iu
which the authority's ballot is to be printed). This list shall he delivered to the Elections
Administrator as soon us possible utter ballot positions have been determined by each of the
participating authorities. Said list shall be provided to the Elections Administrator by the [late set
out in the published Election Calendar provided by the Secretary of Slate. Each participating
authority shall be responsible for prool'readiug and approving the ballot insolin• as it pertains to
that authority's candidates and/or propositions.
(t is agreed by all patsies that at all times and rift al I purposes hereunder, all election
judges, clerks, mtd all other personnel involved in this election are inclcpendent contractors and
arc not employees or agents of llte Courtly or Political Subdivision. No staleutent contained in
this Contract shall be cousU ued so as to find mty judge, clerk, or nay other e]eclion personnel an
employee or ngeat of the County or Political Subtlivisiou, and uo election personnel shall be
entitled to the rights, privileges, or benefits of Couuq- or Political Subdivision employees except
as otherwise stated herein, nor shall any election personnel hold himself out as an employee or
agent of the County or Political Subdivision, unless considered a county employee as determined
by the Guadalupe County Huntan Resources DcparUnent.
Page 3 of 7
VI. LARLY VOTING
Political Suhdivision agrees to appoinl the Elections Adminish'ator as the Early Vining
Clerk. Political Suhdivision also agrees to appoint the Elections Aclministralor's penntmeat
county employees as deputy early voting clerks. Political Subdivision further agrees that the
Elections Administrator may appoinl other deputy early voting clerks to assist in the conduct of
early voting as necessary, and that these additional deputy early voting clerks shall be
compensated at nu hourly rate set by Guadalupe County pursuant to Section 83.052 of the Texas
Election Code ($9.1 S/hour). Early Voting by personal appearance will be held al the locations,
dates, and times determined by Political Subdivision. r\ny qualified vota• of the Election n)ay
vote emiy by persouol nppearance at any one of the early voting locations,
t1s Early Voting Clerk, the Elections r\dministrator shall receive applicnlions I'or enrl}'
voting ballots to be voted by mail in accordance with Chapters 31 and 8G of the Texas Election
Code. r\ny requests for early voting ballots to be voted by mail received by the Political
Subdivision shall be forwarded innnedialcly by fax or courier to the Elections Adminish•atm• fur
processing,
The Elections r\dminishator shall, upnn request, provide the Political Subdivision a copy
of the early voting report nn a daily basis and a auuulalive final early voting report following the
election.
VII. 1;ARLY VOTING BALLOT BOARD
Elections Administrator shall appoinl au Early Voting Ballot Board (>;VBB) to process
early voting results ti•om the Election. The Presiding Judge, with the assistance of the Elections
Administrator, may appoinl two ar more additional members to constitute the EVBB. The
L-'lectious Administrator shall determine the number of EVBB members required to etTicieutly
process the early voting ballots.
VIII. C1;NTRAL COUNTING S'I'A'1'ION AND CLrC'I'1O~ 1 I21;TURN5
1'Ire Elections Admiuisu•ator shall be responsible for establishing and operating the
cenh•al counting station to receive and labnlale the voted ballots in accordance with the
provisions of the Texas L'•lectian Code and of Ibis Cath'act.
The pv'ticipaling authorities hereby, in accordance wish Section 127.002, 127.003, and
127.005 of the Texas Election Codc, 81)pOll)l d1C lOIIOWIng CCnn'al CUllnling Statlnn ntl lClaiS;
Counting Station IVlnnager: Sue Bashnm
Tahulalion Supervisor: Sue Bnshnm
Presiding Judge: Vlissy Doss
l'he Elections Admiuish'ator will prepare the unofl icial canvass reports after all precincts
have been counted, nod svill deliver n copy of the uuofFicial canvass to the Political Subdivision
Page d of 7
as soon as possible after all returns have been tabulated. All participating authorities shall be
responsible for the official canvass of their respective elections.
X. W1T[~I)RA~VAL b'ROYI CO~`fRACI' DUC TO CArVCLLLAI'ION OF
T;L1;C1'ION
Political Subdivision may withdraw Gom this Contract should it cancel its election in
accordance wills Sections 2.D51 - 2.053 of the Texas Election Code, or should it be later ruled
that the election is not needed. Political Subdivision is fully liable for fury expenses incurred by
Guadalupe County on behalf of Political Subdivision. Any ntouies deposited with the county by
the withch•mving authority shall be refunded, minus the aforementioned expenses.
:CI, R>~CORDS Of THC CLECTiON
Voted ballots and all records of the Eleclinn will be given to the Political Subdivision to
be retained and disposed of in accordance with the Irrovisions of Section 66.053 of the Texas
Elections Code. However, if the Political Subdivision enters into a Joint Elcclion Agreement
with another political subdivision, rite Elections Adroinishtttor is hereby appointed general
custodian of the voted ballots and all records of the Election as audwrized by Section 271.010 of
the Texas Election.
f\ccess to the election records shall be available to each participating authority as well as
to tltc public in accordance with applicable provisions of the Texas Election Code and the "fexas
Public Infottnatiou Act. The elcctiou rccmzls shall be stored at the offices of the Gtections
Adutfnish•mor or at an alternate facility used for sloeage of county records. The Elections
r\cbninisu•alor shall ensure that the records arc utaintained in au orderly manner so that the
records are clearly identifiable and reu•ievable.
Records of the election shall be retained and disposed of iu accordance with the
provisions of Section 6(>.OS$ of the'fexas Election Codc. If records of the election are involved
in any pending election wulesl, fnvestigaliou, litigation, m' open rccords request, the Glecliom
Administrator shall maintain the records until final resolution or until linal judgment, whichever
is applicable. It is the responsihiliq~ of each participating authority to bring to the alientiou of the
Elecliats AdminisU•alor;my notice of pending elcctiou contest, investigation, litigation or open
records request which may be tiled with the particfpating mdhorily.
YII. R1;COUiV'I'S
A recount may be obtained as provided by'I'ille 17 oCthe Texas Election Code. Political
Subdivision agrees that any recount shall lake place at the ol'lices of the Elections Adminishator,
and that the Elections AdminisUator shall serve as Recount Supervisor mul the Political
Subdivision's official or employee who pcrfornts the duties ofn secretary under the Texas
Elcclion Cade shall serve as Recount Coordinator.
The Eleclioos Administrator agrees to provide advisory services to the District as
necessary to conduct a proper recount.
Page5of7
XIII. ~IISC);LLANGOUS PROVISIONS
L The Elections AdmiuisU•alor shall file copies of this document with the Guadaligte
County'freasnrernnd the Guadalupe County Auditor iu accordance wish Section 11.099 of the
Texas Election Code.
2. In the event that legal action is tiled contesting Political Subdivision's election under
'I'dle 1 ~} of the Texas Election Code, Political Subdivision shall choose and la'ovidc, al its own
expense, legal counsel foe the County, the Elections Admiuisu•ator, nod additional election
personnel as necessary.
3. Nothing in this conu•nct la'cvculs auy pnrty from taking appropriate legal action agstiust
any other party and/ot• other election persomtel 1'or a breach of Iltis contract or tt viol+ttion of the
"fexas Election Codc.
d, The pnrties agree that under the Constitution and laws of dte Slate of Texas, neither
Guadalupe County nor Political Subdivision can eater into mt agreement whereby either party
agrees to inclcumify or hold htu'ntless another pnrty; Ihercfot'c, all references of any kind, if any,
to indemnifying or holding or saving harmless for any reason arc hereby deleted.
5. Phis Contract shall be construed under and in accm•dauce with the Incas of the Stale of
'I~exas, and all obligations of the pnrties created hereunder are peri'ormahle in Guadalupe County,
Texas.
6. In the event. ol'one of more of the provisions contained iu this ConUact shall for auy
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
uuenforceabitity shall not atifect nny other provision hereof and this Contract shall be consu•ued
as it'such invalid, illegal, or ^neuforceahle provision had never been contained herein,
7. All parties shall comply with all applicable lases, ordinances, and codes of the Stale of
Texas, all local gwcnunenls, and any other entities with loc•.tl jurisdiction.
3. The waiver by auy pnrty of n breach of auy provision of this Conu•nct sltnll not operate
as or he consu•ued as a waiver of any subsequent breach.
9. Any amendments of This Contract sltnll be of no etYecl unless in writing and signed by
all parties hereto.
Page G of 7
IY T);STI~IOiVY IIIJI2EOI', Iltis Contract, its nndliple originals all of equal force, hits
been executed on behalf of the parties hereto as follows, to-wit:
L It has on this ~ day of 2012, been executed on behalf of
Guadalupe County by the Elections A<lministratar usuaut to the "texas Election Code so
authorizing; and
2. It has on Ihis3~~~. day of_ `~ta° t 2012, been executed on bohalFof the
Political Subdivision by its Presiding OI Gca or nuthoriz d representative, pursuant to an action
of the Political Subdivision so authorizing.
GUAD~\1,UPE COUNTY, TEXT\S
By: \~~•
SUE BASHAiVI
Elections Admiuisu'ator
CbITY QF SCHER ZTEXT\S
y: ('.
Presiding OOicedAnlhorized [Zepresenlntive
Page 7 of 7