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Lubbock City Council District 1 Recount Petition Needs Revisions

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Lubbock’s city secretary says that a recount petition for a Lubbock City Council district did not meet state guidelines.

According to a press release from the City of Lubbock on Thursday afternoon, the recount petition filed on Wednesday for the District One City Council position did not meet all of the state statute required elements of a recount petition.

The petition, filed by former District One Council Candidate Frank Gutierrez, comes after incumbent Councilman Victor Hernandez took 50.59 percent of the vote. While the majority margin was thin, since Hernandez got more than 50 percent of the vote, there is no runoff in the election.

A swing of 15 votes away from Hernandez could trigger a runoff, where he would again face off against Gutierrez, who received 37.65 percent of the vote.

Gutierrez and his attorney, Bill De Haas, have the opportunity to amend the recount petition to make it valid.

City Secretary Becky Garza’s office found four defects with the petition. The defects are listed below.

The deadline for amending the petition is 4 p.m. Friday, May 16th.

The total cost to Gutierrez for the recount would be $4,000, as the cost is $100 per vote center, plus $100 for early voting.

Defects with the petition are:

[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.)

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