NEW BRAUNFELS, Texas – The City of New Braunfels said it is “deeply sorry” after officials prematurely declared the winner of its May 2 mayoral election.
The early declaration elicited backlash from the top two candidates and the community.
“While this failure is unacceptable and extremely regrettable, it is not a result of deceit or dishonesty,” the City of New Braunfels said in a Friday news release. “It is a significant mistake that is being felt by the community, candidates, the City Council, and the entire organization.”
Following Saturday’s municipal election, city officials sent out a statement announcing challenger Michael French (49.18% of the vote) as the winner over incumbent Mayor Neal Linnartz (38.25%) and two other candidates.
State law vs. New Braunfels law
A 1958 amendment to the Texas Constitution states that any office term longer than two years “must be elected by a majority vote (50% of the vote + one vote).”
The city said French was initially declared victorious last week, because according to a city charter measure passed in 1995, he was the candidate who earned the most votes (plurality) in the mayoral race.
Before 1995, New Braunfels City Council selected its mayor “from one of the three Councilmember-At-Large positions,” the city said in a news release.
While the plurality rule was in effect, the city also noted that every mayoral election since 1995 was won by a candidate who earned the majority vote.
Each February, the City Council approves an ordinance recognizing the State Legislature’s dates for municipal elections, which is typically the first Saturday in May.
In the news release, the city acknowledged that the city secretary “discovered that previous ordinances stated the Mayor would be elected by majority and was inconsistent with the City Charter.”
After a discussion with the City Attorney, this year’s ordinance was “written to be consistent with the City Charter,” officials said.
“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,” according to the news release.
When the ordinance was approved, the city said Linnartz, City Council and City Staff were not aware that New Braunfels’ charter was “in conflict with” the Texas Constitution.
Saturday’s election was the first time a majority vote was not achieved in New Braunfels’ mayoral race.
‘You have been cheated’
On Monday afternoon, an “outside legal counsel” for the city informed officials about the discrepancy between the town charter and the Texas Constitution.
Later that night, the city reversed course in a new statement. In order to be compliant with state law and reflect the lack of a majority vote, the city said a runoff must be held between the top two vote earners.
French reacted to the reversal on his campaign’s Facebook page.
“The city did not give me the common decency or courtesy to ever give me a phone call,” French wrote late Monday night. “The people of New Braunfels you have been cheated!”
In a Tuesday night social media post, French described the city’s “level of incompetence” as “massively unacceptable,” but he agreed with following “the laws of our (Texas) Constitution … with the runoff.”
Linnartz vented his own frustrations in a separate letter released on Wednesday.
“We owe everyone in New Braunfels accurate, transparent, and competent representation,” Linnartz wrote. “I am extremely frustrated and deeply disheartened that the confusion created by the City Attorney’s Office in the recent mayoral election has undermined those efforts.”
The incumbent also pointed out that the City Attorney’s Office was tasked with reviewing the city charter to ensure it was compliant with state law as far back as 2020.
Two weeks before the May 2 election, according to Linnartz, “the City Attorney was asked whether the office of mayor is elected by majority or plurality vote.”
“A legal opinion was issued by the City Attorney’s Office stating that the election was to be decided by plurality vote,” Linnartz wrote. “It has become evident that no outside legal opinion was sought and that applicable state law was not researched or analyzed in reaching that incorrect conclusion.”
What’s next in New Braunfels
French and Linnartz are heading to a runoff, but the official date has yet to be determined.
A city spokesperson told TheTXLoop on Friday that council members will decide on Monday if the official mayoral runoff date will be June 13.
“The City understands that this mistake has caused mistrust and anger,” city officials said in their Friday news release. “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.”
The council meeting is expected to start at 6 p.m.
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