Help Get Revised Recall Rules on the May Ballot

Citizens have powers in home rule cities, like McKinney, to propose any ordinance, to approve or reject an ordinance passed by City Council, to change the City Charter, and to recall their local elected officials at the ballot box. Citizens are limited to those initiatives and referendums that do not appropriate money, issue bonds, or levy taxes.

In McKinney’s city charter, the rules are spelled out for these citizen powers The citizen power of the initiative requires at least 25% of the number of votes cast at the last regular municipal election. The citizen power of the referendum requires at least 25% of the number of votes cast at the last regular municipal election. However, the recall requirements have an additional hurdle the initiative and referendum rules do not—the signatures must also include at least 15% of the qualified (registered) voters in the whole city.

Here are the two changes the recall requirements in the city charter need to ensure that the power of the citizen recall is restored:

1.    Remove the Percentage of Total Registered Voter Requirement in the City Charter
This requirement needs to be removed as it requires an extremely high number of signatures that will only get larger as the city grows. The registered voter requirement isn’t reflective of those who actually vote in local elections either. It is just reflective of those who have registered. For example, there are mass voter registration drives for national and state elections which artificially inflate the registered voter totals. Most often, those same voters do not vote in local elections.

Removing the total registered voter requirement would also be more consistent with the requirements for citizen initiatives and referendums already in McKinney’s charter.

2.    Change the Recall Signature Requirement from Whole City to the District of the Official Being Recalled

The recall signature rules should be district specific, not whole city. Now, anyone in any district can sign a recall petition for a City Council member in another district even if they can’t vote for or against them in an election. Also, a city-wide recall without approval of the citizens in the district in question might very likely result in that district re-electing the recalled representative in the next election.

Other cities with district-oriented City Councils, like Dallas, El Paso, Garland, for example, require the signatures collected to be district specific, usually with a requirement of 30% of the number who voted in the last municipal election.
The At Large City Council positions would stay whole city recall since the whole city votes for those positions.

(iStock/adamkaz)

City Council has already called for a May 2019 bond election. City Council is already planning to clean up and update areas of the city charter. If City Council amends the city charter in May, it cannot be done again for two more years. This is the perfect time to do it.

At Tuesday’s City Council meeting, there will be a public hearing item on the city charter. Please plan on speaking at the public hearing or send an email regarding the public hearing item and ask for changes to the recall requirements of the city charter.

18-1065 Conduct a Public Hearing to Consider/Discuss the City Charter Amendment Election Process

12/18 at 6pm in City Hall

Email contact-citycouncil@mckinneytexas.org
Refer to the item number and that you support changing the recall requirements in the city charter to go on the ballot in May.

Below are the relevant sections of the current city charter. For the entire city charter, go to Municode:

https://library.municode.com/tx/mckinney/codes/code_of_ordinances

Sec. 132. - Power of initiative.

The voters shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the issuance of bonds or the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiative ordinance may be submitted to the City Council by a petition signed by registered voters of the City equal in number to at least twenty-five (25) percent of the number of votes cast at the last regular municipal election.

Sec. 133. - Power of referendum.

The voters shall have the power to approve or reject at the polls any ordinance passed by the City Council or submitted by the City Council to a vote of the voters, such power being known as the referendum. However, there is excepted from such power of referendum ordinances making the annual tax levy and bond ordinances authorizing the issuance of bonds. Ordinances submitted to the City Council by initiative petition and passed by the Council without change shall be subject to referendum in the same manner as other ordinances. Within twenty (20) days after the enactment by the City Council of any ordinance which is subject to referendum, a petition signed by registered voters of the City equal in number to at least twenty-five (25) percent of the number of votes cast at the last regular municipal election, may be filed with the City Secretary, requesting that such ordinance be either repealed or submitted to a vote of the voters.

Sec. 145. - Recall petitions.

The recall petition to be effective must be returned and filed with the City Secretary within thirty (30) days after the filing of the affidavit required for initiative and referendum petitions, and it must be signed by registered voters of the City equal in number to at least twenty-five (25) percent of the total number of votes cast at the last regular municipal election; provided, however, that the petition shall contain the signatures of at least fifteen (15) percent of the qualified voters of the City and shall conform to the provisions of initiative and referendum petitions. No petition papers shall be accepted as part of petition unless it bears the signature of the City Secretary as required in initiative and referendum petitions.

Sec. 149. - Limitations on recalls.

No recall petition shall be filed against the Mayor or a Council Member within four (4) months after he takes office nor in respect to the Mayor or any Council Member subject of a recall election and not removed thereby, until at least six (6) months after such ele