RESOLUTION 2014-R-116

CANVASSING THE RECOUNT RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 4, 2014 FOR THE POSITION OF COUNCIL MEMBER DISTRICT IIII PURSUANT TO PETITION FILED BY COUNCIL MEMBER ALEJANDRO PEREZ, JR. IN DISTRICT III IN ACCORDANCE WITH THE PROVISIONS AND PROCEDURES OF THE TEXAS ELECTION CODE; AND APPROVING THE RESULTS OF THE RECOUNT.

WHEREAS, by Resolution 2014-R-53 approved ordering a General City Election which was held on Tuesday, November 4, 2014 calling for the office of Mayor, Municipal Court Judge, Council Members Districts I, II, III, VI and the unexpired term for District VIII; and

WHEREAS, by Resolution 2014-R-82 approved calling a special election to approve a sports complex venue project to be located on the campus of Texas A&M International University as part of the City's municipal parks and recreation system and a City of Laredo / United Independent School District Natatorium Venue Project; and

WHEREAS, by Resolution 2014-R-89 approving a Special Recall City Election for District VII to be held on Tuesday, November 4, 2014; and

WHEREAS, a recount petition was presented for recount of Council District III by Council Member Alejandro Perez, Jr.; and

WHEREAS, a recount was set for November 18, 2014 and all District III candidates were duly notified of same; and

WHEREAS, the City Council officially finds and determines that, pursuant to the final report of the recount committee for the General Election held on November 4, 2014 for the office of Council Member District III, the following votes were cast at said election:

COUNCIL MEMBER DISTRICT III

Abey Lugo Ulises Salinas Alex Perez

ELECTION DAY TOTALS

945 40.6%

221 9.50%

1,161 49.89%

RECOUNT TOTALS

946 40.6%

221 9.49%

1,162 49.89%

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section 1: The final report of November 18, 2014 of the recount committee which recounted the returns from the General City Election of November 4, 2014 for the office of Council Member District III are hereby approved and adopted; and

Section 2: That the recount cast votes confirm that the successful candidates for the runoff election set for December 20, 2014 are Alex Perez, Jr. and Abey Lugo for Council Member District III.

PASSED BY THE CITY COUNCIL AND APPROV BY THE MAYOR ON THIS THE 1 ST DAY OF DECEMBER, 2014.

APPROVED AS TO FORM:

�� RAUL CASSO CITY ATTORNEY

City Council-Regular

Meeting Date: 12/01/2014

Initiated By: Gustavo Guevara Jr., City Secretary

Staff Source: Gustavo Guevara, Jr., City Secretary

SUBJECT

Resolutions 8.

2014-R-116 Canvassing the recount results of the General Election held on November

4, 2014 for the position of Council Member District Ill pursuant to petition filed by Council Member Alejandro Perez, Jr., in District Ill in accordance with the provisions and procedures of the Texas Election Code; and approving the results of the recount.

PREVIOUS COUNCIL ACTION

General Election held on November 4, 2014 was canvassed at City Council by Resolution 2014-R-111 on November 12, 2014.

BACKGROUND

Recount petition was submitted by Council Member Alejandro Perez, Jr., and ratified in

accordance with the provisions and procedures of the Texas Election Code.

COMMITTEE RECOMMENDATION

None.

STAFF RECOMMENDATION

That this resolution be passed.

Fiscal Year:

Bugeted Y/N?:

Source of Funds:

Account#:

Change Order: Exceeds 25% Y/N:

FINANCIAL IMPACT:

NIA

Canvas Recount

Fiscal Impact

Attachments

To: Oscar Villarreal

9?ete Saens mo CJfouston Street

%redo, cfexas

Webb County Elections Administrator

November 13, 2014

The City of Laredo has received, reviewed and accepted a petition for a recount from Alejandro "Alex" Perez, candidate for City Council, District III.

Pursuant to Sec. 213.001, newly elected Mayor Pete Saenz, has designated City Secretary Gustavo Guevara, Jr. to serve as recount supervisor. Therefore, any questions or concerns relating to the recount, shall be addressed directly to Mr. Guevara.

The City of Laredo hereby formally requests assistance from the Webb County Elections Administrator, Oscar Villarreal, and his staff in matters of recount personnel, preparations and ask that said recount be conducted in a timely manner due to the circumstances at hand.

Although the candidate submitted a deposit, based on the Secretary of State's Recount Outline, any additional charges not covered by the candidate's deposit will be borne by the candidate requesting the recount.

1110 Houston P.O. Box 579 Laredo, Texas (956) 791-7400 Fax: (956) 791-7491

AW14-1 Prescribed by Secretary of State

Section 212.001, Texas Election Code 3/10

PETITION REQUESTING A RECOUNT

(The following petition may be used for requesting a recount as provided by Section 212.001 of the Texas Election Code.

To: ;1)4YML jl/,e_ SA-e11, C: (name of presiding officer of canvassing authority)

I, ltJe ,( ttNd ro e<2,�'2..,I !fl<_ hereby request a recount for the fv0\}. · a--0( - or

14,r-C1cfu · . (date f e.!_ection and name of political

subdivision) election for the ffice of Ct;.+-c '. VNC 1 . Ot r--1, (identify the office for which a recount is desired (e.g., Coun Commissioner, Precinct #1).

Check one or more of the applicable grounds:

( �fference between number of votes received by petitioner and number of votes received by person who was elected or is entitled to a place on the runoff election ballot is less than 10% of the number of votes received by the person elected or entitled to a place on the runoff ballot; OR

( ) Number of votes received by all candidates is less than 1000; OR

( ) Electronic system used in election; OR

( ) An election judge swears that he or she counted paper ballots incorrectly (must also be certified by the secretary of state).

Identify each election precinct for which a recount is being requested and identify the method of voting used in each precinct.

Election precinct(s) and voting system used:

If an electronic system was used i the election, I request �ual (by-ha�count/electronic count ( circle one).

,,/

rson( s) requesting recount

List Recount Requestor(s) name, mailing address, at least one phone number, voter registration number (if authorization to obtain the recount is based on eligibility to vote in the election), and county ofregistration (if the election covers territory in more than one county):

Name Mailing Address Phone Number Voter Registration No.\County

'11-��Nd@ ,&rflz_ "UvL. ;;-y0 ( 6-1\r-f; � Id (!- Uf(iJJ/4 � 9r6 � 2rl6 ,-</v1J VW-v-Ji-

Provide the name and mailing address and at least one phone number for each opposing candidate (or agent):

Name of Opposing Candidate or Agent

Mailing Address Phone Number

Instructions

1. For a county or precinct level county office, the petition is submitted to the county judge; and to the county chair in primaries. For state and district offices, the petition is submitted to the secretary of state; and to the state party chair in primary elections. For a municipal election, the petition is submitted to the mayor. For a school district election, the petition is submitted to the president of the school board. For all other elections, submit the petition to the presiding officer of the board of directors.

2. Types of electronic voting systems include optical scan, in which hand-marked paper ballots are read by a light sensitive scanner; and direct recording electronic systems, in which the voter votes directly onto the voting device.

3. The amount of the deposit (Section 212.112) is determined as follows:

a. $60.00 for each precinct in which regular paper ballots (hand counted) were used.

b. $100.00 for each precinct in which an electronic voting system was used. ,.--4. The amount of the deposit is also based in part on the number of precincts. Early voting is

considered one precinct. To calculate the deposit, take the number of precincts on election day and add one for early voting.

RESOLUTION 20 I 4-R-116

CANVASSING THE RECOUNT RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 4, 2014 FOR THE POSITION OF COUNCIL MEMBER DISTRICT IIII PURSUANT TO PETITION FILED BY COUNCIL MEMBER ALEJANDRO PEREZ, JR. IN DISTRICT III IN ACCORDANCE WITH THE PROVISIONS AND PROCEDURES OF THE TEXAS ELECTION CODE; AND APPROVING THE RESULTS OF THE RECOUNT.

WHEREAS, by Resolution 2014-R-53 approved ordering a General City Election which was held on Tuesday, November 4, 2014 calling for the office of Mayor, Municipal Court Judge, Council Members Districts I, II, III, VI and the unexpired term for District VIII; and

WHEREAS, by Resolution 2014-R-82 approved calling a special election to approve a sports complex venue project to be located on the campus of Texas A&M International University as part of the City's municipal parks and recreation system and a City of Laredo / United Independent School District Natatorium Venue Project; and

WHEREAS, by Resolution 2014-R-89 approving a Special Recall City Election for District VII to be held on Tuesday, November 4, 2014; and

WHEREAS, a recount petition was presented for recount of Council District III by Council Member Alejandro Perez, Jr.; and

WHEREAS, a recount was set for November 18, 2014 and all District III candidates were duly notified of same; and

WHEREAS, the City Council officially finds and determines that, pursuant to the final report of the recount committee for the General Election held on November 4, 2014 for the office of Council Member District III, the following votes were cast at said election:

COUNCIL MEMBER DISTRICT III

Abey Lugo Ulises Salinas Alex Perez

ELECTION DAY TOTALS

945 40.6%

221 9.50%

1,161 49.89%

RECOUNT TOTALS

946 40.6%

221 9.49%

1,162 49.89%

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:

Section I: The final report of November 18, 2014 of the recount committee which recounted the returns from the General City Election of November 4, 2014 for the office of Council Member District III are hereby approved and adopted; and

Section 2: That the recount cast votes confirm that the successful candidates for the runoff election set for December 20, 2014 are Alex Perez, Jr. and Abey Lugo for Council Member District III.

PASSED BY THE CITY COUNCIL AND APPROV BY THE MAYOR ON THIS THE l sT DAY OF DECEMBER, 2014.

ATTEST:

�� CITY SECRET ARY

APPROVED AS TO FORM:

RAUL CASSO CITY ATTORNEY

Pct. No.

215

417

221

122

423

124

128

132

Total

707

Pct. No.

215

417

221

122

423 .)

124

128

132

Total

RECOUNT COMMITTEE REPORT

CITY OF LAREDO RECOUNT

CITY COUNCIL, DISTRICT 3 RACE

NOVEMBER 04, 2014

EARLY VOTE PAPER BALLOTS (EV/ TAB)

TABULATOR COUNT ON 11/04/14 MANUAL RECOUNT ON 11/18/14

Abey Lugo

81

19

105

43

50

83

28

130

539

Abey Lugo

41

27

50

23

41

77

10

130

399

Ulises Alex Salinas Perez

27 110

8 27

12 146

9 40

9 67

26 95

9 57

35 122

135 664

Over Under TOTAL

Votes Votes Pct. Abey Ulises Alex No. Lugo Salinas Perez

0 17 235 215 82 27 110

0 3 57 417 19 8 27

0 17 280 221 105 12 146

0 6 98 122 43 9 40

0 11 137 423 50 9 67

0 42 246 124 83 26 96

0 17 111 128 28 9 57

1 38 326 132 130 35 122

1 151 1490 Total 540 135 665

CITY OF LAREDO RECOUNT

CITY COUNCIL, DISTRICT 3 RACE

NOVEMBER 04, 2014

Over Under Votes Votes

0 16

0 3

0 16

0 6

1 10

0 40

0 17

1 38

2 146

ELECTION DAY PAPER BALLOTS (ED I TAB)

TOTAL

235

57

279

98

137

245

111

326

1488

TABULATOR COUNT ON 11/04/14 MANUAL RECOUNT ON 11/18/14

Ulises Alex Over Under TOTAL Salinas Perez Votes Votes

Pct. Abey Ulises Alex Over Under TOTAL No. Lugo Salinas Perez Votes Votes

11 80 0 14 146 215 41 11 80 0 14 146

10 34 0 9 80 417 27 10 34 0 9 80

10 96 0 6 162 221 50 9 97 0 6 162

2 30 1 5 61 122 23 2 30 1 5 61

4 54 0 11 110 423 41 4 54 0 11 110

18 85 0 17 197 124 77 18 85 0 17 197

5 18 0 4 37 128 10 5 17 0 4 36

25 95 1 9 260 132 130 26 95 1 8 260

85 492 2 75 1053 Total 399 85 492 2 74 1052

..

Pct. Abey No. Lugo

215 0

417 0

221 2

122 0

423 0

124 1

128 0

132 4

Total 7

Pct. Abey No. Lugo

215 0

417 0

221 0

122 0

423 0

124 0

128 0

132 0

Total 0

Abey Lugo

945

40.6%

CITY OF LAREDO RECOUNT

CITY COUNCIL, DISTRICT 3 RACE

NOVEMBER 04, 2014

EARLY VOTE IVOTRONIC DRE (EV/ IVO)

IVOTRONIC COUNT ON 11/04/14 MANUAL RECOUNT ON 11/18/14

Ulises Alex Salinas Perez

0 0

0 0

0 0

0 0

0 0

0 0

0 0

1 4

1 4

Over Under TOTAL

Pct. Abey Ulises Alex Votes Votes No. Lugo Salinas Perez

0 0 0 215 0 0

0 0 0 417 0 0

0 0 2 221 2 0

0 0 0 122 0 0

0 0 0 423 0 0

0 0 1 124 1 0

0 0 0 128 0 0

0 1 10 132 4 1

0 1 13 Total 7 1

CITY OF LAREDO RECOUNT

CITY COUNCIL, DISTRICT 3 RACE

NOVEMBER 04, 2014

0

0

0

0

0

0

0

4

4

Over Under Votes Votes

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

ELECTION DAY IVOTRONIC DRE (ED I IVO)

TOTAL

0

0

2

0

0

1

0

9

12

IVOTRONIC COUNT ON 11/04/14 MANUAL RECOUNT ON 11/18/14

Ulises Alex Over Under TOTAL Salinas Perez Votes Votes

Pct. Abey Ulises Alex Over Under TOTAL No. Lugo Salinas Perez Votes Votes

0 0 0 0 0 215 0 0 0 0 0 0

0 0 0 0 0 417 0 0 0 0 0 0

0 0 0 0 0 221 0 0 0 0 0 0

0 0 0 0 0 122 0 0 0 0 0 0

0 0 0 0 0 423 0 0 0 0 0 0

0 1 0 0 1 124 0 0 1 0 0 1

0 0 0 0 0 128 0 0 0 0 0 0

0 0 0 0 0 132 0 0 0 0 0 0

0 1 0 0 1 Total 0 0 1 0 0 1

GRAND TOTALS

Ulises Alex Over Under TOTAL Salinas Perez Votes Votes

Abey Ulises Alex Over Under TOTAL Lugo Salinas Perez Votes Votes

221 1161 3 227 2557 946 221 1162 4 220 2553

9.50% 49.89% 2327 40.6% 9.49% 49.89% 2329

I CERTIFY THAT THE TOTALS REPORTED ABOVE ARE THE TRUE AND CORRECT TOTALS AS HAND COUNTED BY THE COUNTING TEAMS FOR THIS RACE ON THE 18TH DAY OF NOVEMBER, 2014.

11/18/12 Date

X: ele S: 110414 - RECOUNT - COL DISTRJCT 3 - RECOUNT COMMITTEE REPORT

Martha C. De Llano

Recount Committee Chair