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Following your e-mail, I requested that a complete canvass of the boundaries of the RUD be made to confirm that there
are no registered voters in the District; several days later, I was advised that only one parcel of land in the District was
shown on the MCAD records as not being restricted to commercial or retail use; after further inquiry, we found that this
property is owned by Dirk and Kate Laukien, who apparently own several office buildings in The Woodlands and who
received specific deed restriction permission to construct and maintain a residence adjacent to one of their office
buildings; following up on this development, it appears that a residence has been constructed on this property, that it is
occupied by the Laukiens as a residence and that they are registered to vote in Montgomery County; so, we do, indeed,
have two voters in the District, and the election is on; the election will be held jointly with the two MUD elections on
May 8 at The Woodlands Water Resources Building, 2455 Lake Robbins Drive, The Woodlands, TX 77380; early
voting will take place at the same location from April 26 through May 4, on weekdays only, between the hours of 8:00
a.m. and 4:00 p.m.; a ballot drawing for position is being scheduled for next week on March 30 at 9:00 a.m. at the same
location; there are no write-in candidates and the ballot will be made available after the drawing; we are quite aware of
the timetable for giving notice of and conducting the election.
March 22,2010
It’s difficult if not impossible for any political entity to conclusively assert as you did in your march 9,2010 email message that there
are no residents (or registered voters) within the entity, given that the population of an area could change from day to day. It’s for this
reason that political entities must have provisional ballot materials available at the election, on the chance that one or more registered
voters within the territory may have “fallen through the cracks” (i.e., the voters may not have been listed in the voter registration list,
despite being eligible to vote). Given that a substantial number of voters aren’t placed on voter registration lists due to simple
clerical errors, (such as transposed street numbers, misspelled names, etc.), one cannot assume that merely because no one is listed as
residing in a particular territory, no one is there.
That being the case, the election could only be cancelled if the candidates were removed from the ballot.
The candidates could only be removed from the ballot because of irregularities of form or content in the
candidates’ applications; at this late date, it is not possible to remove the candidates’ names from the
ballot because of some asserted ineligibility.
1. identify which locations will be used as polling places for early voting and on Election Day
2. provide a sample ballot and list of designated write-in candidates (if any).
3. provide results of the drawing for position on the ballot and the drawing for position among the write-in candidates, or proposed
date for drawings.
The May 8, 2010 election calendar linked below is useful to determine when certain notices should or must be posted.
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http://www.sos.state.tx.us/elections/laws/2010may.shtml
Sincerely
Adrian heath
Attached are the minutes of the meetings of the Board of Directors of The Woodlands Road Utility District No. 1 for
2008 and 2009, the most recent audit report of the District and the list of checks from the operating, debt service and
capital projects fund check registers, as requested. Since there are no residents in the District, there is no document that
is responsive to your request for a list enumerating any residents or voters whose registered address is inside the
District. These materials, together with the materials previously sent to you, are being provided without charge as a
courtesy of my firm. Please be advised that the District's policy is that all of its non-exempt records are available for
inspection by any interested person during normal business hours at our offices. If, after inspection, copies of
documents are requested, they will be made at the prevailing rate of charge. This policy will be followed hereafter.
A "REPLY TO ALL" OF THIS EMAIL COULD LEAD TO VIOLATIONS OF THE TEXAS OPEN
MEETINGS ACT. PLEASE REPLY ONLY TO SENDER.
2 of 3 4/14/2010 8:39 PM
Print http://us.mg201.mail.yahoo.com/dc/launch?.gx=1&.rand=04kqgnkshf4oq
A "REPLY TO ALL" OF THIS EMAIL COULD LEAD TO VIOLATIONS OF THE TEXAS OPEN
MEETINGS ACT. PLEASE REPLY ONLY TO SENDER.
3 of 3 4/14/2010 8:39 PM