Provided by City of Lubbock
The recount petition filed May 14, 2014, for the District 1 City Council position did not meet all of the state statute required elements of a recount petition. State law requires that the petitioner be notified promptly of each defect in the petition. Mr. Gutierrez, and his attorney Bill De Haas, were notified of the defects today and notified that they have the opportunity to amend the recount petition.
Texas Election Code Title 13, Chapter 212 identifies the general requirements for a recount document (http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm). The following four defects were identified with the submitted petition:
[Sec. 212.001(7)] state each requesting person's name, residence address, and, if authorization to obtain the recount is based on eligibility to vote in the election, voter registration number, and county of registration if the election covers territory in more than one county;
[Sec. 212.001(9)] state the mailing address and at least one telephone number, if any, at which the person requesting the recount or an agent, identified by name, may receive notice given under this title;
[Sec. 212.001(10)] state the mailing address and at least one telephone number, if any, at which the opposing candidates for the office or their agents, identified by name, may receive notice given under this title;
[Sec. 212.001(11)] be accompanied by a deposit as provided by Subchapter E.
(*Note: The deposit cost depends on the number of vote centers for which a recount is requested. For a recount of all vote centers in the May 10, 2014, election, the total deposit would be $4,000. This is based on 39 vote centers @ $100 each; plus $100 for early voting.)
The deadline for amending the petition is 4 p.m. tomorrow, Friday, May 16, 2014.