SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SAN ANTONIO, HELD IN THE COUNCIL CHAMBERS, MUNICIPAL PLAZA BUILDING, FRIDAY, JUNE 1, 2001
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2001-23The meeting was called to order at 9:00 P.M. by the Presiding Officer, Mayor Howard W. Peak, with the following members present: Perez, Salas, Guerrero, Prado, Conner, Carpenter, Peak. NAYS: None. ABSENT: Garza, Bannwolf, Garcia, Barrera.
2001-23 In accordance with the Texas Election Code §203.012, the City of San Antonio City Council acted as the Canvassing Authority designated by Texas Election Code § 67.002 met to canvass the results of the Run-off Election for Districts 2, 3, & 4 held on Tuesday, May 29, 2001.
In accordance with Texas Election Code §67.004, the Canvassing Authority, (attachment A to Ordinance), reviewed the results of the General Election by examining election reports provided by the Bexar County Information Services Department. Attachment A consists of 11 pages – the Cumulative Media Format, the Cumulative Summary Format, the District Report Early Voting, District Report Election Night, and District Report Combined Early Vote/Election Night.
Norma Rodriguez, City Clerk, reviewed certain canvassing issues and explained to the Canvassing Authority that they needed to note the under votes and over votes.
Ms. Rodriguez also explained the rule on the "Less than Five Votes." According to the rule, the early voting clerk may not report vote totals for an election precinct in which fewer than five votes are cast during the early voting period for that precinct. In order to maintain the secrecy of the voter, all results are lumped together. A total of 25 votes were recorded under the "Less than Five Votes" precinct on the early voting district report for the 3 City Council Districts participating in the run-off election.
Ms. Rodriguez continued by stating that the Canvassing Authority Committee normally would need to manually adjust the vote totals in order to take into account late mail ballots. This is mandated according to federal law. For this election, it was determined that there were no ballots that needed to be added to the total number of votes cast
When the tabulation device senses that more than one vote has been marked in a race, the ballot is rejected and given to the Resolutions Committee for inspection. Upon inspection, if the committee can determine voter intent, then the ballot is made readable, sent through the tabulator a second time and the vote is tabulated and recorded for that particular race.
If upon inspection the intent can not be determined, the ballot is sent through the tabulator a second time and the ballot is tabulated and recorded as an over vote. According to Texas Election Code §65.011, none of the votes recorded as over votes may be counted for that race.
The over votes noted reflect the number of ballots on which multiple marks appeared and which the intent of the voter could not be determined by inspection.
When the tabulation device senses that no vote has been marked, the ballot is rejected and given to the Resolutions Committee for inspection.
Again, if voter intent can be determined, the ballot is sent through for tabulation and recording to the particular race.
If upon inspection no mark is apparent, the ballot is sent through the tabulator a second time and the ballot is tabulated and recorded as an under vote. Again in this instance, no vote is tabulated.
The ballots tabulated as under votes reflect the number of ballots, which were submitted with no apparent markings.
Over Votes and Under Votes
The Canvassing Authority so noted the following results for City Council Districts 2, 3, and 4:
OVER VOTES UNDER VOTES
For Member of Council – Place 2 4 2
For Member of Council – Place 3 9 13
For Member of Council – Place 4 4 5
GRAND TOTALS 17 20
Number of Votes Cast vs. Number of Registered Voters
It was also noted that there were 4 cases, Precinct 4136 in City Council District 2, Precinct 4072 in City Council District 3, and Precincts 1035 and 1082 in City Council Districts 4, where more votes were recorded than number of registered voters. On election day in Precinct 4136, 1 voter cast a ballot when 0 voters were listed as registered to vote in this precinct. In Precinct 4072 on election day, 3 voters cast ballots when 0 voters were listed as registered to vote in this precinct. Again, on election day in precincts 1035 and 1085, 2 voters cast ballots in the respective precincts when 0 voters were listed as registered to vote in the precincts. In all instances, the precincts in question were combined with other precincts at one polling site. As a result, the judge inadvertently gave voters ballots coded for another precinct.
There were no declared write-in candidates for the run-off.
There were no mail-in ballots received from over-seas, as previously reported.
After the count was adjusted to include write-ins and mail-in ballots, it was determined that a total of 11,206 voters cast ballots in City Council Districts 2, 3, and 4 for the Run-off Election.
City Council District 2 has a total of 53, 214 registered voters.
City Council District 2 saw a 5.9% voter turn-out of the Run-off Election.
City Council District 3 has a total of 52,926 registered voters.
City Council District 3 saw a 8.6% voter turn-out of the Run-off Election.
City Council District 4 has a total of 64,331 registered voters.
City Council District 4 saw a 5.3% voter turn-out of the Run-off Election.
City Clerk Norma S. Rodriguez reported to City Council the results of the Recount as follows:
ON DISTRICT TWO (2) RECOUNT
MAY 31, 2001
MULTI-PURPOSE ROOM – BEXAR COUNTY ANNEX
A recount of the District Two (2) run-off election took place after a petition presented by Mr. Joel Williams, Candidate for District Two (2) was approved. Mr. Williams presented the required deposit of $1,680.00
Committee Members were:
Norma Rodriguez, City Clerk, Mayor’s Representative as Recount Supervisor.
Charles J. Curry
Rene P. Aguirre
Mary Ellen Rodriguez
Cecilia F. Roberts
The recount of the Election Day votes cast resulted in only 1 more vote cast and recovered in election Precinct 4037 for Mr. Joel Williams.
Therefore in Precinct 4037
John H. Sanders 20 Votes
Joel Williams 28 Votes
The recount of the Early Votes cast (including personal appearance and mail ballots) in
Precinct 4003 l less vote for John H. Sanders
Precinct 4004 1 more vote for John H. Sanders
Precinct 4011 1 more vote for Joel Williams
Mr. Sanders one (1) vote stayed the same and Mr. Williams gained two (2) votes
Total number of votes cast for Early Voting for District 2 1334
Total number of votes cast for Election Day for District 2 1846
Grand Total of Votes Cast 3180
For Mr. John H. Sanders 1614
For Mr. Joel Williams 1560
The recount committee adjourned at 1:20 p.m.
2001-23 Then the Clerk read the following Ordinance:
AN ORDINANCE 94054
DECLARING THE RESULTS OF THE CANVASS OF THE RUN-OFF ELECTION HELD ON TUESDAY, MAY 29, 2001.
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WHEREAS, the Joint General and Special Election was held on the 5th day on May 2001 to determine the Mayor and Council Members of the City of San Antonio for ensuing terms of office of two years; and
WHEREAS, the names of the candidates were submitted, the election was held and conducted and the returns thereof were made, all as required by the City Charter and the laws of the State of Texas; and
WHEREAS, a Run-off election was conducted on the 29th day of May 2001 to determine the winners in City Council Districts 2,3, and 4; and
WHEREAS, the Recount Committee conducted a manual recount on the 31st day of May 2001 of the Run-off election returns for City Council District 2; and
WHEREAS, the City Council met on the 1st day of June 2001 to canvass the returns of said Run-off election and it is now necessary to declare the official results of the canvass for the Run-off election; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN ANTONIO:
SECTION 1. The City Council having convened on the 1st day of June 2001 to canvass the returns of the Run-off election held on the 29th day of May 2001 and after canvassing the returns of said election, does hereby find and declare the results of the run-off election to be as follows:
For Member of Council, Place 2 Recount Results
"For" John H. Sanders 1614 1614
"For" Joel Williams 1558 1560
For Member of Council, Place 3
"For" Roland Gutierrez 2190
"For" Antoniette "Toni" Moorhouse 2355
For Member of Council, Place 4
"For" Enrique "Kike" Martin 2160
"For" Ricardo A. Martinez 1285
SECTION 2. It is further declared that as a result of said Run-off election, the following persons were elected Council Members for a two-year term commencing June 1, 2001.
John H. Sanders Member of Council Place No. 2
Antoniette "Toni" Moorhouse Member of Council Place No. 3
Enrique "Kike" Martin Member of Council Place No. 4
and each of them were elected by receiving a majority of all the votes cast for the office for which each was a candidate cast by the qualified votes of the City of San Antonio voting at said run-off election, and they and each of them are hereby declared to be the lawful and duly elected Council Member of the City of San Antonio for the places specified.
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Mr. Salas made a motion to approve the proposed Ordinance. Ms. Guerrero seconded the motion.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Perez, Salas, Guerrero, Prado, Conner, Carpenter, Peak. NAYS: None. ABSENT: Garcia, Barrera, Garza, Bannwolf.
The City Clerk then administered the Statement of Elected Officials to the newly elected officials and stated that the oath of office would be administered at the 1:00 P.M. Swearing-In Ceremony.
2001-23 There being no further business to come before the City Council, the meeting was adjourned at 9:30 A.M.
A P P R O V E D
HOWARD W. PEAK
M A Y O R
NORMA S. RODRIGUEZ, CMC/AAE
C i t y C l e r k