“We’re being told it shouldn’t be a problem, but someone could contest the election,” said now former Fairfield City Administrator Jeff Looney on Monday, April 30, 2018.
At issue are incorrect dates / times for the poll location for the City of Fairfield Election.
First, the two documents posted at Fairfield City Hall, the Order of Election and the Notice of Election, differ drastically in regards to when the poll location is to be open for voters.
As explained in last week’s edition of The “Times,” a city council will first “order” an election, and then post a “notice” of election that is, in turn, published in the city’s official newspaper.
In this case, the sequence of the two documents is not obvious, as both read as being “passed and approved” on the 13th day of February, 2018.
Looney stated that voters should follow the Notice of Election for correct dates / times for poll locations to be open during the voting period.
Which leads to a second concern: the official Notice of Election document designates the poll location being open beyond the official Early Voting period.
According to the Texas Election Code, the Early Voting period for City and School elections (held in May each year) begins the twelfth day before the election, and continues through the fourth day before Election Day.
As Election Day was May 5, 2018, this would make the Early Voting period for the City of Fairfield to be April 23, 2018 through May, 1, 2018.
Although the official Notice of Election for the City of Fairfield lists the poll location to be open Wednesday, May 2, 2018 from 8:00 a.m. to 4:30 p.m., Looney assured The “Times” last week that the polls would be closed that day, in keeping with the Election schedule set by the State of Texas.
The City of Fairfield has been in contact with the Texas Secretary of State office, concerning the election issues. Officials do not see an immediate problem, as voters have been given ample time to cast their ballots early.
Looking at the documents, the poll location at Fairfield City Hall was open for Early Voting a total of fifty-eight hours during a span of six days.
Just over 200 voters cast their ballots in person during the Early Voting period.
Barring a request for recount by a candidate, or a contest of the election filed by a voter in District Court, the City of Fairfield expects to canvass the vote during their next Regular Session on Tuesday, May 8, 2018.
Mayor Roy Hill says he expects to swear-in the new city officials that same evening so they can begin their new term the sixth day after the Election, on Friday, May 11, 2018 in accordance with the Texas Election Law Calendar.