Opinion
No. 04-16-00757-CV
11-30-2016
IN RE CITY OF FLORESVILLE and Cecelia Gonzalez-Dippel
MEMORANDUM OPINION
Original Mandamus Proceeding Opinion by: Marialyn Barnard, Justice Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice PETITION FOR WRIT OF MANDAMUS GRANTED
This court has jurisdiction pursuant to section 273.061 of the Texas Election Code which authorizes this court to issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election, regardless of whether the person responsible for performing the duty is a public officer. TEX. ELEC. CODE ANN. § 273.061 (West 2010). --------
The City of Floresville and Cecelia Gonzalez-Dippel seek mandamus relief to compel the City Council of the City of Floresville to convene and canvass the results of the November 8, 2016 election. Section 67.003 of the Texas Election Code requires the city council to convene to canvass the vote not earlier than the eighth day or later than the eleventh day after the election day. TEX. ELEC. CODE ANN. § 67.003(a) (West 2010). Although a meeting to canvass the votes was scheduled for November 18, 2016, the council members present at that meeting refused to canvass the votes.
"The canvassing of votes is part of the election process and is necessary to the determination of the result." Grant v. Ammerman, 437 S.W.2d 547, 549 (Tex. 1969). "Canvassing the votes of an election is a ministerial function." Id. When a canvassing board refuses to canvass the returns, "a writ of mandamus ordering the canvass of election returns and declaring the results of the election is a proper remedy." Id.
Because the members of the City Council have refused to canvass the votes from the November 8, 2016, election, we grant the petition for writ of mandamus and order the City Council of the City of Floresville to convene to canvass the votes from the general election held on November 8, 2016, by 11:59 p.m. on November 19, 2016. See TEX. GOV'T CODE ANN. § 551.045 (West 2012) (providing notice of meeting sufficient if posted at least two hours before meeting is convened if immediate action of the governmental body is required because of a reasonably unforeseeable situation).
Marialyn Barnard, Justice