Title
Discuss electioneering requirements associated with City elections, and determine if amendments to the Code of Ordinances are necessary.
Body
REQUESTOR:
Councilmember Elizabeth Villafranca
BACKGROUND:
This agenda item is presented at the request of Councilmember Villafranca to discuss consistent practices and alignment in the application of City processes.
Electioneering for candidates is outlined in the Texas Election Code as well as the City’s Code of Ordinances, Chapter 2 “Administration,” Article III “Code of Ethics”, Sections 2-270 and 2-280.
Section 2-270 (5) states the following:
No officer of the city or a relative thereof shall … use such person’s official position to secure special privileges or benefits for such person or others.
Section 2-280 (f) (II) (D) states the following:
Elected officials and advisory board members shall not use their political or appointed office to advance private interests. City Charter, Section 2.02, prohibits the Mayor, Councilmembers, and board members from holding other public offices.
Elected officials, advisory board members, and candidates shall not engage in political campaigning at City meetings or within City buildings. They shall also not use public resources for political campaigning. For example, candidates or supporters of candidates shall refrain from circulating petitions during a City meeting and refrain from soliciting City employees to support their specific cause. City Council and board members are free to express their opinions about the public issues on the agenda before them, but they must not make campaign speeches at council or board meetings touting their, or another's, candidacy nor may they urge residents to vote for them or another, through words, signs, buttons or other means, during duly noticed meetings of the City Council or its citizen advisory boards.
City Councilmembers shall not solicit, request, or encourage employees while on duty to engage in political activities.
Requirements outlined in the City’s Code of Ordinances relate primarily to City Councilmembers and may not apply to citizen candidates.
DISCUSSION:
A memorandum from the City Attorney, dated March 2, 2026, is attached for Council’s review. The memorandum outlines applicable requirements for campaigning at events and in public places in accordance with the Texas Election Code, the City’s Code of Ordinances, and established standards of ethical conduct. It provides a comprehensive overview of electioneering activities, including guidance on what is permissible for incumbent City Councilmembers and citizen candidates. The memorandum also includes clearly defined “Do’s” and “Don’ts” to support appropriate and consistent conduct by candidates.
The City Attorney will present an overview of electioneering requirements and will be available to address any questions from Council. Council may discuss the information presented and provide direction regarding any potential amendments to the City’s Code of Ordinances related to electioneering.
FISCAL IMPACT:
N/A
DISTRICT:
Citywide
POSSIBLE COUNCIL ACTION:
N/A
ATTACHMENT(S):
1. Memorandum from City Attorney