Freeport council votes to take no action after staff finds recall petition falls short of required signatures

The Freeport City Council voted Friday to take no action on Ordinance No. 2026-2762, which would have called a recall election for Mayor Jerry Cain, after city staff reported the recall petition did not meet the signature threshold set by the city charter.

City staff told the council that an independent line-by-line review of the petition — performed by City Manager Dr. Danielle Kelly, City Secretary Clarissa Fernandez and administrative staff using Brazoria County voter registration records — found 244 unique signatures were reviewed but only 194 were verified as qualified and dated within the charter’s timeframe. Under the Freeport Home Rule Charter, the petition required 51% of votes cast in the last general election (435 voters), which rounds to 222 valid signatures; staff concluded the petition fell short of that threshold.

“Following completion of the administrative review, the findings were also reviewed with the city attorney for legal sufficiency and compliance with applicable law,” the city stated in its summary of the verification process. The written report on the verification was signed by City Secretary Clarissa Fernandez, City Manager Dr. Danielle Kelly and City Attorney Christopher Duncan.

Mayor (presiding) moved to "take no action" on the ordinance after the staff presentation; Councilman Matamoras seconded the motion. The mayor then called the vote. Council members who announced their votes on the record said “aye,” and the mayor declared the motion carried.

Members of the public who spoke during the registered comment period urged differing outcomes. Ron Bachman called the recall petition “scandalous” and said prior reviews he referenced found allegations against the mayor unsubstantiated. He told the council: “I stand before you today to ask that not 1 of you will endorse this misguided effort.” Tom Pearson, another speaker, sharply criticized Councilman Pena, saying he had caused disruptions and cost the city money. Donna Hayes, speaking in support of the mayor, said: “The city of Freeport needs Jerry Cain as our mayor. Please do not vote to recall him.”

Council members briefly debated procedural options before the vote, including a failed motion to table the ordinance for lack of a second earlier in the meeting. After the vote to take no action, the mayor moved to adjourn and the council ended the special meeting.

A council member who spoke after adjournment said, "The recall is still in progress," indicating that the petitioners may pursue next steps outside of the council’s action. The city’s formal determination in the meeting record was that the submitted petition did not meet the 222-signature threshold required by the Freeport Home Rule Charter and therefore the council did not adopt an ordinance calling a recall election.