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2020-60 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-60 AN AMENDED ELECTION ORDER BY ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN'S PREVIOUSLY ADOPTED ELECTION ORDINANCE TO REVISE THE EARLY VOTING SCHEDULE FOR THE GENERAL ELECTION SCHEDULED TO BE HELD ON TUESDAY, NOVEMBER 3, 2020; MAKING FINDINGS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on or about February 11, 2020, the Town adopted Ordinance No. 2020-07 which, in part, ordered a general election for Saturday, May 2, 2020, to elect two (2) Councilmembers to the Town Council, Place 3 and Place 5; and WHEREAS, on or about March 13, 2020, the Governor of the State of Texas certified that the novel coronavirus (COVID-19) posed an imminent threat of disaster and, under the authority vested in the Governor by Section 418.014 of the Texas Government Code, declared a state of disaster in every county in the State of Texas; and WHEREAS, on or about March 18, 2020, the Governor issued a Proclamation suspending certain sections of the Texas Election Code, among others, to allow political subdivisions of the State that would otherwise hold elections on May 2, 2020, to postpone general and special elections to the next uniform election date, November 3, 2020, and setting other deadlines related to that election date; and WHEREAS, on or about March 24, 2020, the Town Council adopted Ordinance No. 2020-19 postponing the Town Council general election in the Town from Saturday, May 2, 2020, to Tuesday, November 3, 2020; and WHEREAS, on July 22, 2020, the Governor issued a Proclamation suspending Section 85.001(a) of the Texas Election Code to expand the early voting period for the November 3, 2020, election, to begin on Tuesday, October 13, 2020, and last through Friday, October 30, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above findings are hereby found to be true and correct and are hereby incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Town of Prosper Ordinance No. 2020-07 and Ordinance No. 2020-19 are hereby amended to establish that the early voting period shall be from Tuesday, October 13, 2020, through Friday, October 30, 2020. Ordinance No. 2020-60, Page 1 SECTION 3 Pursuant to Election Advisory No. 2020-12, issued by the Texas Secretary of State's Office on or about March 18, 2020, this Amended Election Order also makes the following findings, and incorporates them by reference into this Ordinance: (1) all candidate filings for the May 2, 2020, general election shall remain valid for the November 3, 2020, general election; (2) the filing period will not be re -opened for the November 3, 2020, general election; (3) all applications for a ballot by mail for voters who are voting by mail due to being over the age of 65 or due to disability will remain valid for the postponed election whereas all applications for a ballot by mail based upon a voter's expected absence from the county will not be valid for the postponed election; and (4) the major relevant dates for the November 3, 2020, general election are as follows: deadline to submit a voter registration application - October 5, 2020; and the deadline to submit an application for a ballot by mail - October 23, 2020. SECTION 4 This Ordinance shall become effective from and after its passage. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF AUGUST 2020. Ray Smith, Mayor ATTEST: Melissa Lee, T n Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney 'TE X Ordinance No. 2020-60, Page 2