Wednesday, March 11, 2015

DOES CITY CHARTER RENDER ALL CANDIDATES INELIGIBLE?

By Juan Montoya
Can a little-noticed section of the City of Brownsville Charter with which the 15 candidates have not complied render the May election ballot blank?
That rule, Section 4A (nominations) - subsection 3 - clearly states that within five days after the filing of a nomination petition the city secretary shall notify the person who filed such petition whether or not it is or is not found to be signed by the required number of qualified voters.
The little-noticed (and we suspect adhered to section states: "Any eligible person placed in nomination as hereinbefore provided shall have his name printed on the ballots if within five days after notification by the city secretary he shall have filed with such secretary a written acceptance of the nomination."
With the time past the five days charter provision long gone (the city secretary notified the candidates last Tuesday, eight days ago today), what legal contortions will the city administration (and attorney Mark Sossi) have to do to get the 15 candidates on a legal ballot?
Now, we haven't had the time to check with the city secretary or attorney to see whether the candidates were informed and whether anyone filed the required letters of letters of acceptance of their nomination.
Will city administrators and the city's crack legal team find a way to have state law supersede the (home-rule) city charter?
And has the city carried out elections in this manner contrary to the requirements of the city charter which precedent has shown in Texas to prevail over state law?
 Or will the city just continue doing thing the "Brownsville and Sossi way" and slouch toward the May election?

3 comments:

Anonymous said...

The "Brownsville/Sossi way" no doubt. Why change now?

Anonymous said...

It's hard to believe that nobody gives a damn about people who can't follow the law, or bend the law to suit their purposes. Doesn't anyone in this damn town ever do anything right? Do we really expect/accept mediocrity in our city. Come on people make these people do what the law requires. We are governed by a bunch of Pendejos. All Out!!!!

Anonymous said...

The Naco Security Agency has revealed that Tony Torment is ineligible to run . He is a citizen of Patagonia on the lam. He is deportable.

rita