An Update from the City of New Braunfels Regarding the May 2, 2026 Election

CITY STATEMENT

The City is aware that the oversight in not recognizing a conflict between the City Charter and the Texas Constitution has caused significant frustration and distress in the community, and for that we are deeply sorry. While this failure is unacceptable and extremely regrettable, it is not a result of deceit or dishonesty. It is a significant mistake that is being felt by the community, candidates, the City Council, and the entire organization.

Since the announcement that the Mayoral election must go to a runoff, there have been a lot of valid questions and concerns expressed by the community. We would like to provide more information to help address the most consistent questions being asked.

A Summary of the Situation
The 2026 election had four candidates running for Mayor. The City Charter states that the Mayor is decided by the candidate who receives the most votes (plurality of votes), regardless of whether that candidate receives a majority. Unofficial results showed that Michael French received 49.18% and Neal Linnartz received 38.25%, with the remainder split between the other two candidates. After the election, the City was notified by outside legal counsel that the Charter was in conflict with the Texas Constitution which requires that when a term of office exceeds two years, members of a municipality’s governing body must be elected by a majority vote. The term of office for Mayor in New Braunfels is three years. Upon this discovery, the City announced that the Mayoral race would need to proceed to a runoff to be compliant with state law.

City Charter vs. Texas Constitution
The Texas Constitution was amended in 1958 to require that when a term of office exceeds two years, members of a municipality’s governing body must be elected by a majority vote.

Prior to 1995, the City’s Mayor was selected by City Council from one of the three Councilmember-At-Large positions. In 1995, the City Charter was amended to change the process required for Mayoral elections for the Mayor to be elected by the residents. The Mayor would be decided by the candidate who receives the most votes (plurality). The City Charter also includes that all elections shall be held in accordance with state law, acknowledging that state law supersedes municipal law.

While the City Charter only requires a plurality of votes, since 1995, every Mayoral election has been decided by a majority vote (receiving more than 50% of the vote) or the candidate was unopposed.

Ordinance
Each year in February the City Council approves an ordinance calling for the election to be held on the dates set by the State Legislature, which in Texas is the first Saturday in May. While the City Secretary was preparing this ordinance, she discovered that previous ordinances stated the Mayor would be elected by majority and was inconsistent with the City Charter. After consultation with the City Attorney, the 2026 ordinance was then written to be consistent with the City Charter.

The ordinance (#2026-05) stating that the 2026 Mayoral election would be decided by plurality was approved by City Council on February 9, 2026 as part of the Consent Agenda. At the time, the Mayor, City Council, and City staff were unaware that the City Charter was in conflict with the Texas Constitution.

Discovery
After the filing deadline passed with multiple candidates having filed for the seat of Mayor, the City Secretary once again consulted with the City Attorney. The City Attorney reviewed the City Charter, consulted the Texas Election Code, and issued an opinion that the Mayoral election would be decided by plurality.

Late Monday afternoon (5/4/2026), upon seeing coverage of the election results, third-party, outside legal counsel for the City informed the City Attorney of the conflict. The outside counsel is a firm that was already under contract with the City of New Braunfels to provide legal services. This firm is not affiliated with any candidate. Upon this discovery and further review, the City announced that evening that to be in compliance with state law, because no candidate received a majority of the vote in the Mayoral election, the two candidates receiving the most votes must go to a runoff.

The City understands that this mistake has caused mistrust and anger. We recognize that it will take time for the City to regain your trust and we are committed to taking the steps to do that.





https://newbraunfels.gov/m/newsflash/home/detail/4046