As the county's assistant district attorney reviews a petition for special election filed by Bullard voters, city officials are saying the election is not valid.

Under state law in a General Class A municipality, if a council cannot agree lawfully on a vacancy, then 26 voters can file a petition for a special election.

"The issue was resolved last evening in the council meeting. Rodgers Johnson is the Mayor Pro Tem for the term of AW Hines, which is May of 09," City Manager Larry Morgan wrote in an email to commissioner Joanne Fleming on Aug. 13.

Fleming has been instrumental in guiding the city through the process as a petition has been debated.

The petition was filed by an uniden-

tified man Aug. 12. The man strongly urged the commissioners court to put the petition on the commission agenda for discussion and action.

"Just because somebody shows up with a document they call an official petition does not mean it automatically gets on the Court docket for Monday," Fleming wrote to Morgan after she found out about the petition.

The petition first must be reviewed by the county attorney first and then it must be certified by the Elections Administrator as meeting the State Election Code. Then it can go to the commissioner court for discussion.

"But most of all, you - on behalf of the Bullard Council - must first officially notice me in writing that the Bullard Council was unable to decide the matter of filling the office vacancy pursuant to the options specified in the controlling sections of the Local Gov't Code," Fleming wrote to Morgan. "Then and only then can such a petition be received for consideration by the Commissioners Court."

But this process will most likely be avoided because Morgan's statement that the "issue was resolved last evening in the council meeting."