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Austin Police Association v. City of Austin

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This appeal concerns the efforts of three incumbent, two-term city council members to secure a place on the ballot for the next Austin city council election. The Austin city charter limits council members to two consecutive terms. A two-term, incumbent council member may nevertheless “become a candidate for an additional term or terms and serve if elected” if that council member collects the requisite number of signatures on a petition to be filed at the same time as the council member’s application for candidacy. Austin, Tex., Code, City Charter, art. II, � 3 (2001). This dispute centers on whether the city charter conflicts with the state election code governing the number of signatures required to be filed. Appellants *fn1 maintain that the number of signatures required by the city charter conflicts with section 143.005 of the state election code. Accordingly, they sought a declaratory judgment from the district court declaring that because a conflict exists, the state election code should govern the number of signatures required. The district court disagreed and rendered judgment declaring that the two provisions could be harmonized. We will affirm the district court’s judgment.

BACKGROUND

In 1994, City of Austin voters approved an amendment to the city charter establishing term limits for city council members. The city charter now prohibits any person from serving in the same position on the city council for more than two consecutive terms. Austin, Tex., Code, City Charter, art. II, � 3. But the city charter also includes one exception to the term limitation:

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