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Richardson council approves placing prospective "resign-to-run" charter amendment on May ballot after heated public comment
Summary
After more than an hour of public comment and extended council debate, Richardson officials voted 5–2 to place a prospective "resign-to-run" charter amendment on the May 2, 2026 special-election ballot; the version approved makes the rule effective going forward rather than applying it retroactively to sitting candidates.
The Richardson City Council voted 5–2 on a motion Tuesday to order a special election for May 2, 2026, that will include a charter amendment requiring city council members who become candidates for other public office to resign the council seat, with the language the council approved applying prospectively after canvass.
Supporters of the prospective approach said it balances the need for clear, enforceable rules with fairness for current candidates. Councilmember Justice, addressing the council before the vote, said a forward-looking rule would prevent the prolonged uncertainty and operational disruption she warned could follow a purely prospective or indefinite approach.
Residents and speakers at the podium urged the council to reject any retroactive language. “It is illegal,” said one attorney speaking during public comment, arguing the state constitution and precedent limit what a home-rule city can impose; he warned a retroactive change would be vulnerable to legal challenge. Multiple residents echoed concerns the retroactive language appeared targeted, lacked clear public justification and could reverse votes or unsettle governance.
Councilmembers who supported placing a prospective proposition on the ballot argued the amendment is designed to prevent partisan influence and protect the council’s ability to operate. Mayor Pro Tem Ken Hutchenrider said the council’s nonpartisan culture risks being undermined if sitting members run partisan campaigns while continuing to vote on local matters.
Councilmember Dan Barrios, who announced a run for a federal office earlier this cycle, described his opposition to retroactive application: “Changing the rules in the middle of the game after candidates and voters have already acted in good faith raises concerns about fairness and due process,” he said, adding that he would step down if campaigning materially interfered with his duties. Barrios seconded the motion to place the prospective proposition on the ballot.
City Attorney Pete Smith advised the council on drafting options, clarifying that a proposition may be written to be effective on a date certain or to take effect after the election canvass; the version the council directed staff to finalize applies the rule to any candidacy announced after the canvass (i.e., prospective application). The council also discussed—but did not adopt—a hybrid approach that would treat candidates who announce between now and a date-certain differently; ultimately the body agreed to the prospective formulation.
The motion to order the election with the prospective resign-to-run proposition passed 5–2, with Councilmembers Justice and Curtis Dorian voting no. The ordinance will be finalized by staff and the proposition text published with the city attorney’s minor clarifying corrections before the May ballot.
Next steps: the council ordered the special election for May 2, 2026, and staff will post the finalized proposition language, publish required notices and work with Dallas and Collin County election officials on election services.
