Screenshot via City of Amarillo/Graphic by The Amarillo Pioneer
With early voting under way, The Amarillo Pioneer has received several inquiries from our readers about Proposition E.
Of the four proposed amendments to the Amarillo City Charter on the ballot, Proposition E is by far the most technically complex. It does two main things.
One change would require a member of Amarillo City Council with more than 13 months in their term to resign if they announce they are seeking election to another elected office. Currently, they must only resign if they actually win.
The other change deals with how vacancies are filled. Currently, when a vacancy occurs on the council, the council can vote to appoint someone to fill the vacancy through the remainder of the term. If Proposition E passes, a special election to fill the vacancy would have to be held within 120 days of the vacancy, unless there are 12 months or less left in their term.
Here is the ballot language of the proposal:
To amend Article V, Section 3 – Vacancies, of the Amarillo City Charter repealing the existing section, and substitute provisions applying new law allowing for a fewer than 12 months remaining in office vacancy to be appointed by the City Council for all City Councilmembers and the City Council would appoint a Councilmember to the office of Mayor in the event of a vacancy in the Mayor’s office. Finally, the amendment adopts a “resign to run” provision creating vacancies in office should an elected city official elects to announce an intent to run for another office, while serving as an elected city official.
Here is the full text of the proposal:
“Shall Article V, Section 3 - Vacancies, of the Amarillo City Charter be repealed, and the following provisions substituted in its place:
(a) Any vacancy in the office of the Mayor with less than twelve (12) months remaining in the term for the office, shall be filled by City Council appointment of a Councilmember to fill the remaining unexpired term for the office and until the office is filled by election. The City Council shall order a special election for the office of Mayor in the event any other vacancy in thc office occurs, with the election to be held within one hundred twenty (120) days of the vacancy.
(b) Any vacancy in the office of a Councilmember with less than twelve (12) months remaining in the tenn shall be by City Council appointment to fill the remaining unexpired term for the offce and until the office is fillecl by election. The City Council shall order a special election for any City Council vacancy in the event any other vacancy in the offce occurs, with the election to be held within one hundred twenty (120) days ofthe vacancy.
(c) If the Mayor or any Councilmember announce as a candidate to be elected to another public office with more than twelve months (12-months and thirty days (30-days) retnaining in their current term of office, it shall be considered that the officeholder immediately resigned from their current office and their office shall immediately vacant by operation of law creating a vacancy in the elected offce of the city held.”
-Section 3.4, City of Amarillo Ordinance No. 8144
Here is the current text of the relevant portion of the city charter, which will be repealed and replaced if Proposition E passes:
“Section 3. - Vacancies
(a) Any vacancy in the office of the Mayor shall be filled by an appointment by the remaining Councilmembers from among their number.
(b) Any vacancy in the office of a Councilmember shall be filled by an appointment by the Mayor and the remaining Councilmembers.
(c) Provided that the person appointed to fill such vacancy shall hold office only during the unexpired term of office.”
-Amarillo City Charter, Article V
While both of these changes seem straightforward, the complicating factor is how the proposition interacts with Proposition C.
Proposition C, if passed, will change the length of term for members of Amarillo City Council from two years to four years. But, that’s not the only change that will be triggered if Proposition C passes.
Under Article 11 of the Texas State Constitution, an elected officer serving a term longer than two years is automatically subject to the resign-to-run requirement. In other words, if Proposition C passes, the resign-to-run requirement featured in Proposition E will automatically be in place, regardless of if Proposition E passes. (It won’t automatically appear in the charter, but it will still be in effect as state law preempts the charter.)
Here’s the relevant text from the state constitution:
“A Home Rule City may provide by charter or charter amendment, and a city, town or village operating under the general laws may provide by majority vote of the qualified voters voting at an election called for that purpose, for a longer term of office than two (2) years for its officers, either elective or appointive, or both, but not to exceed four (4) years; provided, however, that tenure under Civil Service shall not be affected hereby; provided, however, that such officers, elective or appointive, are subject to Section 65(b), Article XVI, of this constitution, providing for automatic resignation in certain circumstances, in the same manner as a county or district officer to which that section applies.”
-Texas Constitution, Article 11, Section 11(a)
“If any of the officers named herein shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at any time when the unexpired term of the office then held shall exceed one year and 30 days, such announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled.”
-Texas Constitution, Article 16, Section 65(b)
The vacancy-filling procedure is more complicated. If Proposition C passes, according to the state constitution, the city will also be automatically required to hold a special election to fill vacancies regardless of if Proposition E passes. However, if Proposition C passes and Proposition E fails, the city will be required to hold a special election to fill a vacancy regardless of how much time is left in the term.
Here’s the relevant text from the state constitution:
“Any vacancy or vacancies occurring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur except that the municipality may provide by charter or charter amendment the procedure for filling a vacancy occurring on its governing body for an unexpired term of 12 months or less.”
-Texas Constitution, Article 11, Section 11(c)
To better explain, here’s what will happen for each possible scenario depending on which propositions pass and which fail:
Scenario 1: Both Proposition C & Proposition E Pass
If a vacancy occurs, a special election will be required unless there are less than 12 months left in the term. If less than 12 months remain, the vacancy may be filled by appointment by the council.
Scenario 2: Both Proposition C & Proposition E Fail
If a vacancy occurs at any point in the term, the council may appoint someone to the vacancy without holding an election.
Scenario 3: Proposition C Fails & Proposition E Passes
If a vacancy occurs, a special election will be required unless there are less than 12 months left in the term. If less than 12 months remain, the vacancy may be filled by appointment by the council.
Scenario 3: Proposition C Passes & Proposition E Fails
If a vacancy occurs at any point in the term, a special election must be held to fill the vacancy.
As shown above, a clear contrast exists between the two scenarios where Prop E fails. In scenario 2, where Prop C also fails, voters will have no direct voice in choosing who fills a vacancy. If Prop C passes while Prop E fails, a special election will be required if a vacancy occurs at any point in the term of office.
Meanwhile, if Prop E passes, it only adds a new requirement to have a special election if Prop C fails, as special elections are automatically required anyway if Prop C passes.
(We also wanted to clarify one more point. Some have claimed that Proposition E will only go into effect if Proposition C also passes. However, there is no contingency clause in the ordinance ordering the election. In other words, if Proposition E passes, it will go into effect whether or not Proposition C passes.)
The last day to vote early is Friday, November 1st. Election Day is Tuesday, November 5th.
To find out what propositions are on the ballot, read this article from our voter guide.