X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
This appeal concerns the efforts of three incumbent, two-term city council members to secure a place on the ballot for the next Austin city council election. The Austin city charter limits council members to two consecutive terms. A two-term, incumbent council member may nevertheless “become a candidate for an additional term or terms and serve if elected” if that council member collects the requisite number of signatures on a petition to be filed at the same time as the council member’s application for candidacy. Austin, Tex., Code, City Charter, art. II, � 3 (2001). This dispute centers on whether the city charter conflicts with the state election code governing the number of signatures required to be filed. Appellants *fn1 maintain that the number of signatures required by the city charter conflicts with section 143.005 of the state election code. Accordingly, they sought a declaratory judgment from the district court declaring that because a conflict exists, the state election code should govern the number of signatures required. The district court disagreed and rendered judgment declaring that the two provisions could be harmonized. We will affirm the district court’s judgment.

BACKGROUND

In 1994, City of Austin voters approved an amendment to the city charter establishing term limits for city council members. The city charter now prohibits any person from serving in the same position on the city council for more than two consecutive terms. Austin, Tex., Code, City Charter, art. II, � 3. But the city charter also includes one exception to the term limitation:

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. Multifamily Spring 2023

March 27, 2023 - March 28, 2023
Miami, FL

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More

The Asia Legal Awards (ASLA) 2023

March 30, 2023
Singapore

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.


Learn More

GlobeSt Net Lease Spring 2023

April 03, 2023 - April 04, 2023
New York

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Learn More

Associate Attorney


Looking for an Associate Attorney with 2 to 5 years experience to handle Labor and Employment Law, Pension Appeals and Workers Compensation....


Apply Now ›

Health Law Associate CT


Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...


Apply Now ›

CIVIL LITIGATION ATTORNEY -NEW YORK


Regional mid-sized firm with diverse civil litigation practice seeking hardworking and dedicated attorneys with 1-5 years experience for it...


Apply Now ›

LAWYERS OF DISTINCTION

03/24/2023
NLJ Web

Lawyers of Distinction would like to announce...


View Announcement ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

03/13/2023
NJLJ Web

Snyder Sarno D'Aniello Maceri & daCosta would like to announce that...


View Announcement ›

COLE SCHOTZ P.C.

03/13/2023
NJLJ Web

COLE SCHOTZ P.C. WELCOME HONORABLE GARRY S. ROTHSTADT, J.A.D. (RET.)


View Announcement ›