DEPARTMENT: City Clerk
DEPARTMENT HEAD: Leticia M. Vacek
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT:
Residency verification in municipal elections
SUMMARY:
Councilman John Courage filed a Council Consideration Request (CCR) requesting that staff investigate and make recommendations regarding methods of documenting proof of residency for candidates filing for municipal elections.
BACKGROUND INFORMATION:
On July 28, 2017, Councilman John Courage filed a Council Consideration Request (CCR) requesting that staff investigate and make recommendations regarding methods of verifying the residency of candidates filing to run in a municipal election. The CCR from Councilman Courage suggested “utility bills, or any other form of documentation deemed appropriate” be collected by the City Clerk in order to “provide a substantial amount of assurance that the candidate in question resided in the district.”
The City Charter, Article II, Section 4 requires that candidates for office reside within the boundaries of a council district for at least 6 months prior to filing as a candidate. Concerns have arisen about the method of disputing a candidate’s residency. Currently, the Texas Election Code Sec. 141.032 provides that local authority (the City Clerk) “shall review [an] application to determine whether it complies with the requirements as to form, content, and procedure.” Through case law, it has been established that the City Clerk does not have the ability to deny an application for candidacy based on questions regarding residency. Instead, residency of a candidate is a question of fact to be determined in state courts. As such, the Office of the City Clerk does not have legal authority to investigate a candidate’s residency nor to deny an application based on lack of proper residency documentation.
ISSUE:
The CCR from Councilman Courage suggests that the City Clerk accept certain documents when a candidate files for office. Though the City Clerk does not have authority to deny an application based on lack of proper residency documentation, such documentation can be accepted along with a candidate’s filing paperwork and included on file with the candidate’s application in support of the sworn attestation of residency. Documents provided to the City Clerk would be subject to inspection or release through the Texas Open Records Act and would be redacted of any personal information as allowed by law.
Staff recommends amending City Code to request that candidates filing for office include two of the following documents showing a current address with their application for candidacy:
• Valid voter registration certificate
• Copy of or original current utility bill
• Copy of or original bank statement
• Copy of or original government check
• Copy of or original paycheck
• Copy of or original government document with name and an address (original required if it contains a photograph)
ALTERNATIVES:
The Governance Committee may recommend leaving the current filing requirements in place.
FISCAL IMPACT:
No fiscal impact is anticipated
RECOMMENDATION:
Staff recommends amending City Code to request that candidates filing for office include two of the following documents showing a current address with their application for candidacy:
• Valid voter registration certificate
• Copy of or original current utility bill
• Copy of or original bank statement
• Copy of or original government check
• Copy of or original paycheck
• Copy of or original government document with name and an address (original required if it contains a photograph)