Judge Halts Austin's Charter Amendments from November Ballot

A Travis County judge has issued a temporary restraining order, preventing Austin from including 13 local charter amendments on the Nov. 5 general election ballot, with key voting deadlines just weeks away.

The order, set to expire Sept. 5, was issued by state District Judge Daniella DeSeta Lyttle. A full court hearing is scheduled for Aug. 29 at 9 a.m.

The lawsuit, filed by attorney Bill Aleshire on behalf of the Save Our Springs Alliance, its executive director Bill Bunch, and former Texas AG staff attorney Joe Riddell, alleges that the city violated the Texas Open Meetings Act when it placed the proposed amendments on the ballot. The suit was filed on the last day Texas municipalities could order an election.

The lawsuit asserts that the city violated public participation and notice requirements by bundling all amendments into one agenda item, limiting discussion time and public awareness.

DeSeta Lyttle agreed, stating that the City Council "did not provide adequate notice" and that without the restraining order, the election would proceed without strict compliance with the Open Meetings Act.

"The judge said everything that needs to be said," Aleshire said after the hearing. "If they proceeded with the election, it would be illegal because they violated the Open Meetings Act in calling it."

Clark Richards, representing the city, argued that the order would deprive citizens of their voting rights by delaying key deadlines, including the Sept. 5 ballot proofing deadline and the Sept. 20 absentee ballot mailing deadline.

The proposed amendments include changes to recall election signature thresholds, City Council authority over the city attorney, and scheduling requirements for initiative elections.