Opinion
No. 05-06-00297-CV
Opinion issued March 24, 2006.
Original Proceeding.
Writ of Mandamus Conditionally Granted.
Petition for Writ of Mandamus.
Before Justices MOSELEY, BRIDGES, and FRANCIS
MEMORANDUM OPINION
Relators Dionicio Quintanilla, Jr., Chesley Rae Lohstreter, Jennifer B. Ashley, and Leslie Cook are announced candidates for Garland City Council seats 1, 2, 4, and 5 respectively. Relators filed this original proceeding seeking a writ of mandamus ordering respondents Bob Day, Michael Holden, Terri Dunn, Harry J. Hickey, Weldon E. Bradley, John N. Garner, Barbara Chick, Mark Monroe, and Randall Dunning, in their respective official capacities as mayor and members of the City Council of Garland, Texas, to call a May 13, 2006 general municipal election for city council seats 1, 2, 4, and 5. Relators' petition for a writ of mandamus is conditionally granted requiring respondents to call a general municipal election for city council seats 1, 2, 4, and 5.
On May 15, 2004, an election was held in which the voters amended the city charter to provide that the mayor and the eight city council members would serve two-year terms, a change from the then-effective provision setting three-year terms. The new two-year terms were to "become effective upon and after May 15, 2004." Also in the May 15, 2004 election, the voters elected individuals to city council seats 1, 2, 4, and 5. In late 2005, a controversy arose over whether the terms filled in the 2004 election were subject to the prior three-year term or the two-year term applicable "upon and after May 15, 2004." Subsequent motions to call a 2006 election failed, and relators filed this petition for a writ of mandamus requiring respondents to call a general municipal election for May 13, 2006 or as soon thereafter as may be lawful and practicable.
This Court may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election or a political party convention, regardless of whether the person responsible for performing the duty is a public officer. Tex. Elec. Code Ann. § 273.061 (Vernon 2003). As respondents point out, the "duty of the officer must be one clearly fixed and required by the law, or the writ will not issue." Oney v. Ammerman, 458 S.W.2d 54 (Tex. 1970). The question for determination is whether the right of the aggrieved party is so free from doubt and the duty of the officer so clear and free from any substantial question that an order should issue to compel performance. Wortham v. Walker, 128 S.W.2d 1138, 1151 (Tex. 1939). Here, the voters approved an amendment to the city charter providing two-year terms for the mayor and council members and further providing that these term lengths would become effective "upon and after May 15, 2004." We conclude this amendment clearly required that individuals elected to the positions of mayor or city council member "upon and after May 15, 2004 "would serve a two-year term. Under these circumstances, the duty of the city council to call an election in 2006 for city council seats filled in the May 15, 2004 election was "clearly fixed and required by the law." See Oney, 458 S.W.2d at 54.
Accordingly, we conditionally grant the writ of mandamus. We order respondents, in their respective official capacities as mayor and members of the City Council of Garland, Texas, to call a general municipal election for city council seats 1, 2, 4, and 5 as soon as may be lawful and practicable. Under no circumstances shall the election be set for a date later than July 1, 2006. We further order respondents to file a certified copy of their schedule for such an election with this Court within thirty days of the date of this order. Should respondents fail to comply, the writ will issue.