Council member elect David Brooks sworn into office before the votes were canvassed by the McKinney City Council

Texas Secretary of State officials claim votes must be canvassed before a candidate takes oath of office

By Brandi Hart
McKinneyUpdate.com editor
Created at 1:30 p.m. on May 20, 2009
Updated at 6 p.m. on May 20, 2009

At-large McKinney City Council member elect David Brooks will not join Mayor Elect Brian Loughmiller and Council member elect for District 1 Don Day at the council swearing in ceremony at City Hall on June 1.

Brooks has already taken the oath of office by City Secretary Sandy Hart some time during the week of May 11 to May 15, according to City Manager Frank Ragan. Brooks was sworn in prior to when the council canvassed the May 9 election results at the May 18 council meeting.

Brooks will be out of town for three weeks and chose to be swore in before he left for his vacation in Alaska, prior to the June 1 swearing in ceremony, said City Attorney Mark Houser. Brooks also had the option to wait until he returns from his vacation, after the June 1 council meeting, to be swore in, Houser said.

According to the Texas Elections Code and the City Charter a council member can legally take the oath of office before the council canvasses the election results and certifies the votes as Brooks' term doesn't begin until June 1, Houser said.

However, Texas Secretary of State officials believe the Texas Elections Code defines elected officials as being elected after the votes are canvassed when the results are official, said Randall Dillard, Director of Communications for the Texas Secretar of State Office in Austin. A candidate has to be an elected official to take the oath of office, according to the Texas Constitution, Dillard added.

Article 67.005 of the Texas Elections Code states that an election that is not canvassed at the state level is determined from the canvass of the precinct returns conducted by the local canvassing authority. The McKinney City Council acts as the canvassing authority of city elections.

Article 16 of the Texas Constitution states that "all elected and appointed officers, before they enter upon the duties of their offices, shall take the following Oath or Affirmation."

Dillard added that if a candidate takes the oath of office before the votes are canvassed, then the candidate might need to retake the oath of office some time after the votes are canvassed, when the elections results are considered official.

Brooks replaces Mayor Pro Tem and At-large Council member Bill Cox's seat on the council, and Brooks' term doesn't official begin until June 1. Therefore, Mayor Pro Tem and At-large Council member Bill Cox will still hold his council seat until May 31. Mayor Bill Whitfield's and District 1 Council member Gilda Garza's terms are also still active from now until May 31.

Loughmiller and Day will take the oath of office on June 1, in a public council meeting in the council chambers of City Hall, 222 N. Tennessee St. Whitfield, Cox and Garza will also attend the meeting for a hail and farewell ceremony where the outgoing council members and mayor will get to say their closing remarks.

For more information about the meeting, call the city at 972-547-7500.

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