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Council orders May 2 special election for District 2 seat; city attorney explains holdover and vacancy rules
Summary
Following the resignation of District 2 Council Member Joseph Solomon, staff presented an ordinance calling a special election for May 2; a citizen asked for legal clarity and the city attorney explained that state law creates a vacancy that triggers the special election and that officials may hold over until successors are qualified.
City staff told the Killeen City Council on Feb. 17 that District 2 Council Member Joseph Solomon resigned on Jan. 30 (effective Feb. 7) and that state election law requires ordering a special election to fill the vacancy as soon as practicable.
Staff recommended council approve an ordinance calling the special election for May 2, 2026; the filing period opens Feb. 18 and closes March 3 at 5 p.m., early voting will coincide with general-election early voting and two polling locations will serve District 2 on election day. A staff webpage was created with filing information and instructions.
During public comment, resident Michael Fornino asked how the city could call a special election while a council member was in "holdover" status. The City Attorney responded: state law deems a vacancy to occur on the earlier of council acceptance of a resignation or eight days after the resignation; an official may hold over and continue performing duties until a successor is qualified, but the vacancy triggers the timing for an election. The attorney said that because multiple vacancies exist this case requires an election rather than appointment and that charter language will be reviewed for clarity with state provisions.
The ordinance calling the special election was listed on the consent agenda and the consent package passed 6–0.
