C O N G R A T U L A T I O N S
City Council Alderwoman, Position 2 - Elect
Ms. Stacy Hurst
City Council Alderwoman, Position 4 - Elect
Ms. Susan Dean
City Council Alderman, Position 5 - Incumbent
Bill McGahen
Oath of Office
Tuesday, May 23, 2023 at 7:00 P.M.
E.S. Williams City Center
16930 Boot Hill Road
Stagecoach, TX 77355
City of Stagecoach unofficial results was extracted from the overall election results.
Visit www.elections.mctx.org for more information.
The final canvass is the local canvass for cities, schools, and other local political subdivisions.
(Tex. Elec. Code § 67.005). The local canvass for the May 6, 2023, uniform election must be held not earlier than the third day after election day (Tuesday, May 9, 2023) and not later than the eleventh day after election day (Wednesday, May 17, 2023).
The canvass cannot occur until the early voting ballot board has qualified and counted all provisional ballots, if any; or the date on which all timely received late-arriving ballots (if any) are counted.
Recounts can be requested by candidates based on unofficial returns. The automatic recount based on a tie pursuant to Section 2.002 (plurality vote) should be based on the official canvassed returns.
When a plurality of the votes is neccessary for election and two candidates tie, one can withdraw (EC§2.002(g) or they can cast lots to resolve the tie (EC§2.002(f). If neither of these events occurs, there is an automatic recount (EC§2.002(i). However, the second election might be avoided if one of the candidates withdraws not later than 5 pm of the day after the date of the automatic recount, or the tied candidates cast lots not later than the day before the date the authority must order the second election (EC§2.002 (j), HB 3107 (RS 2021).
NEW LAW: The order of events has been amended by House Bill 3107 (87th Leg., R.S., 2021). Under prior and current law, the candidates may choose to withdraw or cast lots to resolve the tie before the automatic recount is held. If the tie vote is not resolved by a withdrawal or lot drawing (at this first opportunity), an automatic recount shall be conducted in accordance with Chapter 216. Under amended law, if an automatic recount does not resolve a tie, the tied candidates may (1) cast lots not later than the day before the date the authority must order the second election; or (2) withdraw from the election not later than 5 p.m. of the day after the date the automatic recount is held. In sum, there is now a clear second opportunity to withdraw or cast lots before the second election is held. Tex. Elec. Code § 2.002. If the tie is still unresolved following these procedures, the authority responsible for ordering the first election shall then order the second election (not later than the fifth day after the date the automatic recount is completed or the final canvass following the automatic recount is completed). The second election shall not be held earlier than the 20th day or later than the 45th day after the date the automatic recount is completed or the final canvass following the automatic recount is completed, if applicable. House Bill 3107 changed the last day to hold the second election from the 30th day to the 45th day. For more details, see Tex. Elec. Code § 2.002 and Chapter 216.
NEW LAW: A tie vote in a runoff election (based on official canvassed returns) triggers an automatic recount under Section 2.028 and Chapter 216 of the Code. The procedure has also been amended by House Bill 3107. In a tie vote in a runoff election, if a candidate withdraws before the automatic recount is conducted, the remaining candidate is the winner and the automatic recount does not need to occur. If a withdrawal is received by 5 p.m. the day after the date of the automatic recount is conducted, the remaining candidate is the winner. If the automatic recount proceeds, and the result is still tied, the election is resolved by the casting of lots under Section 2.028 of the Code. Page 6 A tie vote in an election on a measure (i.e., a proposition election with for-against votes) means the measure failed, because there were not more votes For than Against. There is no automatic recount procedure, since Chapter 216 of the Code, which regulates automatic recounts, only applies to candidate elections.
Type A general law city may not assume office until at least the fifth day after the election, excluding Sundays (Friday, May 12, 2023). Tex. Loc. Gov’t Code § 22.036. Section 22.036 of the Texas Local Government Code further requires that the newly-elected governing body of a Type A municipality “meet at the usual meeting place and shall be installed.” Tex. Loc. Gov’t § Code 22.036. Type A cities have authority to require a bond. Tex. Loc. Gov’t Code § 22.072. Additionally, if a Type A officer-elect fails to qualify for office (be sworn in) within 30 days after the date of the officer's election, the office is considered vacant. Tex. Loc. Gov’t Code § 22.007.