ELECTION CODE
TITLE 3. ELECTION OFFICERS AND OBSERVERS
CHAPTER 31. OFFICERS TO ADMINISTER ELECTIONS
SUBCHAPTER A. SECRETARY OF STATE
§ 31.001. CHIEF ELECTION OFFICER. (a) The secretary
of state is the chief election officer of the state.
(b) The secretary shall establish in the secretary's office
an elections division with an adequate staff to enable the
secretary to perform the secretary's duties as chief election
officer. The secretary may assign to the elections division staff
any function relating to the administration of elections that is
under the secretary's jurisdiction.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 14, eff. Sept. 1, 1997.
§ 31.002. OFFICIAL FORMS. (a) The secretary of state
shall prescribe the design and content, consistent with this code,
of the forms necessary for the administration of this code other
than Title 15. The design and content must enhance the ability of a
person to understand the applicable requirements and to physically
furnish the required information in the space provided.
(b) The secretary shall furnish samples of the forms to:
(1) the appropriate authorities who have
administrative duties under this code; and
(2) other persons who request a form for duplication.
(c) The samples of forms shall be furnished without charge.
(d) An authority having administrative duties under this
code shall use an official form in performing the administrative
functions, except in an emergency in which an official form is
unavailable or as otherwise provided by this code. Other persons
are not required to use an official form unless expressly required
to do so by this code.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1995, 74th Leg., ch. 797, § 34, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 1349, § 6, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 62, § 5.08, eff. Sept. 1, 1999.
§ 31.0021. CERTAIN OFFICIAL FORMS: INCLUSION OF
NEPOTISM INFORMATION. (a) On forms designed and furnished by the
secretary of state for an application for a place on the ballot or a
designation of a campaign treasurer, the secretary shall include a
brief summary of:
(1) the nepotism prohibition imposed by Chapter 573,
Government Code; and
(2) a list of the specific kinds of relatives that are
included within the prohibited degrees of relationship prescribed
by Chapter 573, Government Code.
(b) Any other authority that designs and furnishes an
application for a place on the ballot shall include on that form the
same summary included on forms prescribed by the secretary of state
under Subsection (a).
Added by Acts 1987, 70th Leg., ch. 427, § 3, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(25), eff. Sept.
1, 1995.
§ 31.003. UNIFORMITY. The secretary of state shall
obtain and maintain uniformity in the application, operation, and
interpretation of this code and of the election laws outside this
code. In performing this duty, the secretary shall prepare
detailed and comprehensive written directives and instructions
relating to and based on this code and the election laws outside
this code. The secretary shall distribute these materials to the
appropriate state and local authorities having duties in the
administration of these laws.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.004. ASSISTANCE AND ADVICE. (a) The secretary of
state shall assist and advise all election authorities with regard
to the application, operation, and interpretation of this code and
of the election laws outside this code.
(b) The secretary shall maintain an informational service
for answering inquiries of election authorities relating to the
administration of the election laws or the performance of their
duties.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.005. PROTECTION OF VOTING RIGHTS. (a) The
secretary of state may take appropriate action to protect the
voting rights of the citizens of this state from abuse by the
authorities administering the state's electoral processes.
(b) If the secretary determines that a person performing
official functions in the administration of any part of the
electoral processes is exercising the powers vested in that person
in a manner that impedes the free exercise of a citizen's voting
rights, the secretary may order the person to correct the offending
conduct. If the person fails to comply, the secretary may seek
enforcement of the order by a temporary restraining order or a writ
of injunction or mandamus obtained through the attorney general.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.0055. VOTING RIGHTS HOTLINE. (a) The secretary
of state shall establish a toll-free telephone number to allow a
person to report an existing or potential abuse of voting rights.
(b) A notice informing voters of the telephone number and
the purpose for the number shall be continuously posted in a
prominent location at each polling place during the early voting
period and on election day for each election held on a uniform
election date. The secretary of state shall prescribe the form for
the notice under this subsection.
Added by Acts 2001, 77th Leg., ch. 556, § 1, eff. Sept. 1, 2001.
§ 31.006. REFERRAL OF COMPLAINT TO ATTORNEY
GENERAL. If, after receiving a complaint alleging criminal
conduct in connection with an election, the secretary of state
determines that there is reasonable cause to suspect that the
alleged criminal conduct occurred, the secretary shall promptly
refer the complaint to the attorney general. The secretary shall
deliver to the attorney general all pertinent documents in the
secretary's possession.
Added by Acts 1993, 73rd Leg., ch. 728, § 4, eff. Sept. 1, 1993.
§ 31.007. SUSPENSION OF PROVISIONS IMPLEMENTING
NATIONAL VOTER REGISTRATION ACT. (a) If under federal law,
order, regulation, or other official action the National Voter
Registration Act of 1993 is not required to be implemented or
enforced in whole or in part, an affected state law or rule is
suspended to the extent that the law or rule was enacted or adopted
to implement that Act, and it is the intent of the legislature that
the applicable law in effect immediately before the enactment or
adoption be reinstated and continued in effect pending enactment of
corrective state legislation.
(b) On a finding by the secretary of state that a suspension
of a law or rule has occurred under Subsection (a), the secretary
may modify applicable procedures as necessary to give effect to the
suspension and to reinstatement of the procedures of the former
law.
(c) The secretary of state may adopt rules to implement this
section as necessary.
Added by Acts 1995, 74th Leg., ch. 797, § 35, eff. Sept. 1, 1995.
§ 31.008. COLLECTION OF INFORMATION: FORUM ON ELECTION
COST SAVINGS. (a) The secretary of state shall collect and
maintain information on the number of elections held in this state
and the administrative costs associated with the elections.
(b) The secretary of state shall conduct an annual forum to
allow election officials from political subdivisions to exchange
ideas on the administration of elections, including issues related
to cost savings and efficiency in the conduct of elections. The
election officials shall be given the opportunity at the forum to
make recommendations on proposed changes in the election laws.
Added by Acts 1997, 75th Leg., ch. 1219, § 1, eff. June 20, 1997.
§ 31.009. DISTRIBUTION OF FEDERAL FUNDS. (a) If
federal funds are made available to assist the state in the
administration of elections, including assistance for the phasing
out or prohibition of the use of punch-card ballot voting systems in
this state, the secretary of state shall administer and distribute
the funds as appropriate to most effectively facilitate the
purposes for which the funds are made available.
(b) The secretary of state shall prescribe any necessary
rules and take any appropriate action to implement this section.
Added by Acts 2001, 77th Leg., ch. 537, § 1, eff. June 11, 2001.
§ 31.010. IMPLEMENTATION OF FEDERAL HELP AMERICA VOTE
ACT. (a) The secretary of state may adopt rules as necessary to
implement the federal Help America Vote Act of 2002.
(b) The secretary of state shall adopt rules establishing
state-based administrative complaint procedures to remedy
grievances that meet the requirements of Section 402(a) of the
federal Help America Vote Act of 2002.
Acts 2003, 78th Leg., ch. 1315, § 13, eff. Sept. 1, 2003.
§ 31.011. ELECTION IMPROVEMENT FUND. (a) The election
improvement fund is created as a dedicated account in the general
revenue fund and consists of federal funds designated for election
improvement, matching funds from the state or a political
subdivision, and depository interest earned on the assets of the
fund.
(b) Money in the fund may be appropriated only to provide
funding for the following purposes:
(1) to improve election administration at the state
and local level;
(2) to make grants to local governments for the
improvement or replacement of voting systems;
(3) to create a single uniform official centralized
interactive voter registration database; and
(4) to comply with other election requirements of the
federal government.
(c) The fund is exempt from the application of Section
403.095, Government Code.
Acts 2003, 78th Leg., ch. 1315, § 13, eff. Sept. 1, 2003.
SUBCHAPTER B. COUNTY ELECTIONS ADMINISTRATOR
§ 31.031. CREATION OF POSITION. (a) The commissioners
court by written order may create the position of county elections
administrator for the county.
(b) The order must state the date the creation of the
position of administrator is effective. The effective date may not
be later than 12 months after the date the order is adopted.
(c) To facilitate the orderly transfer of duties on the
effective date, the order may authorize the commissioners court to
employ the administrator-designate not earlier than the 90th day
before the effective date of the creation of the position, at a
salary not to exceed that to be paid to the administrator.
(d) Not later than the third day after the date the order is
adopted, the county clerk shall deliver a certified copy of the
order to:
(1) the secretary of state;
(2) the comptroller of public accounts; and
(3) each member of the county election commission.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.032. APPOINTMENT OF ADMINISTRATOR; COUNTY ELECTION
COMMISSION. (a) The position of county elections administrator
is filled by appointment of the county election commission, which
consists of:
(1) the county judge, as chair;
(2) the county clerk, as vice chair;
(3) the county tax assessor-collector, as secretary;
and
(4) the county chair of each political party that made
nominations by primary election for the last general election for
state and county officers preceding the date of the meeting at which
the appointment is made.
(b) The affirmative vote of a majority of the commission's
membership is necessary for the appointment of an administrator.
(c) Each appointment must be evidenced by a written
resolution or order signed by the number of commission members
necessary to make the appointment. Not later than the third day
after the date an administrator is appointed, the officer who
presided at the meeting shall file a signed copy of the resolution
or order with the county clerk. Not later than the third day after
the date the copy is filed, the county clerk shall deliver a
certified copy of the resolution or order to the secretary of state.
(d) The initial appointment may be made at any time after
the adoption of the order creating the position.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 15, eff. Sept. 1, 1997.
§ 31.033. COMMISSION MEETINGS. (a) The county
election commission shall meet at the call of the chair. However,
the vice chair or any three members of the commission may call a
meeting if the calling authority considers a meeting to be
necessary or desirable and the chair fails to call the meeting after
being requested to do so.
(b) The authority calling a meeting shall set the date,
hour, and place for the meeting and shall deliver written notice of
the time and place to each other commission member not later than
the fourth day before the meeting date.
(c) Each member who is present at a meeting is entitled to
vote on any matter that is put to a vote.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 16, eff. Sept. 1, 1997.
§ 31.034. ELIGIBILITY. To be eligible for appointment
as county elections administrator, a person must be a qualified
voter of the state.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.035. RESTRICTIONS ON POLITICAL ACTIVITIES. (a) A
county elections administrator may not be a candidate for a public
office or an office of a political party, hold a public office, or
hold an office of or position in a political party. At the time an
administrator becomes a candidate or accepts an office or position
in violation of this subsection, the administrator vacates the
position of administrator.
(b) A county elections administrator commits an offense if
the administrator makes a political contribution or political
expenditure, as defined by the law regulating political funds and
campaigns, or publicly supports or opposes a candidate for public
office or a measure to be voted on at an election. An offense under
this subsection is a Class A misdemeanor. On a final conviction,
the administrator's employment is terminated, and the person
convicted is ineligible for future appointment as county elections
administrator.
(c) In this section, "candidate" means a person who has
taken affirmative action, as described by the law regulating
political funds and campaigns, for the purpose of gaining
nomination or election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 17, eff. Sept. 1, 1997.
§ 31.036. RESIGNATION. The county election commission
is the proper authority to receive and act on a resignation from the
position of county elections administrator.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.037. TERMINATION OF EMPLOYMENT. The employment of
the county elections administrator may be terminated at any time
for good and sufficient cause on the four-fifths vote of the county
election commission and approval of that action by a majority vote
of the commissioners court.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.038. FILLING VACANCY. (a) A vacancy in the
position of county elections administrator is filled by appointment
of the county election commission.
(b) An appointment to fill an anticipated vacancy arising
from a resignation to take effect at a future date may be made at any
time after the resignation is accepted.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.039. SALARY; STAFF; OPERATING EXPENSES. (a) The
commissioners court shall set the number of deputies and other
persons that the county elections administrator may employ.
(b) The salary of the administrator may not exceed the
salary paid to the county clerk, and the salaries paid to the
administrator's employees may not exceed the salaries paid to the
employees of the county clerk in comparable positions.
(c) The commissioners court may allow the automobile
expense that it considers necessary to the administrator and to any
of the administrator's employees in the performance of their
official duties.
(d) The commissioners court shall provide the administrator
with suitable office space and with the equipment and operating
expenses needed for the proper conduct of the office.
(e) The amount initially appropriated by the commissioners
court for the operating expenses of the administrator's office may
not be less than the total amount last appropriated to the county
clerk and the county tax assessor-collector for the functions
assigned to the administrator.
(f) A person employed on a full-time basis by the
administrator's office is subject to Section 31.035 in the same
manner as the administrator. This subsection applies only to
counties with a population of one million or more that have an
election administrator.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1999, 76th Leg., ch. 536, § 1, eff. Sept. 1, 1999.
§ 31.040. BOND. (a) Before assuming the duties of a
county elections administrator, the person appointed to the
position must give a bond that is in an amount set by the
commissioners court, not to exceed $20,000, payable to the county
judge, approved by the commissioners court, and conditioned on the
faithful performance of the duties of the position.
(b) The commissioners court or the administrator may
require any or all of the administrator's deputies, other than
unpaid volunteer deputy registrars, to give a bond similar to that
required of the administrator in an amount not exceeding the amount
of the administrator's bond.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.041. SEAL. The county elections administrator
shall have an official seal, on which shall be inscribed a star with
five points surrounded by the words "County Elections
Administrator, ____________ County, Texas", for use in certifying
documents required to be impressed with the seal of the certifying
officer.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.042. TRANSFER OF RECORDS. As soon as practicable
after the effective date of the creation of the position of county
elections administrator, the officer formerly serving as the voter
registrar shall transfer to the administrator all records
pertaining to voter registration, and the county officer formerly
required to conduct elections shall transfer to the administrator
all voting equipment and supplies of which the officer has custody
and all records in the officer's possession that pertain to an
uncompleted election. The commissioners court shall determine
which records of prior elections are to be transferred to the
administrator and which are to remain with the officer.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.043. DUTIES OF ADMINISTRATOR GENERALLY. The
county elections administrator shall perform:
(1) the duties and functions of the voter registrar;
(2) the duties and functions placed on the county
clerk by this code;
(3) the duties and functions relating to elections
that are placed on the county clerk by statutes outside this code,
subject to Section 31.044; and
(4) the duties and functions placed on the
administrator under Sections 31.044 and 31.045.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.044. DIVISION OF CERTAIN DUTIES BETWEEN COUNTY
CLERK AND ADMINISTRATOR. (a) With respect to meetings of the
commissioners court, including meetings at which the only business
conducted pertains to elections, the county clerk shall perform the
clerk's regularly prescribed duties in giving notice of and
preparing the agenda for the meetings, attending the meetings and
making a record of the proceedings, preparing and maintaining the
minutes of the court, and filing and preserving copies of the
court's orders, except as provided by Subsection (b). The county
elections administrator shall cooperate with the county clerk in
supplying information on election matters that are to be brought
before the court and shall attend or be represented at the meetings
of the court at which election matters are considered. The county
clerk shall furnish the administrator with a copy of each order of
the court that pertains to or affects an election, and the
administrator shall maintain the copies on file.
(b) The administrator is responsible for providing the
clerical assistance needed by the commissioners court in canvassing
precinct election returns. The administrator shall maintain the
official file of the court's tabulation of election results, and
the county clerk need not maintain a file of copies of the
tabulations.
(c) In an election on a measure in which the commissioners
court is the final canvassing authority, if a statute requires the
county clerk to record an order of the court in its minutes
declaring whether the measure carried or failed, the county clerk
shall perform that duty. A copy of the order shall also be filed in
the office of the administrator. If a statute requires the county
clerk to certify the result of the election to some other authority,
the clerk shall perform that duty.
(d) If a statute provides for the ordering of an election on
a measure by the commissioners court, the county judge, or another
county authority on submission of a petition requesting the
election, the administrator shall perform the duties that the
statute places on the county clerk in connection with filing the
petition, determining its validity, and any other matters preceding
the ordering of the election.
(e) If a statute prescribing the procedure for creating a
political subdivision provides for the ordering of an election by a
county authority as a step in the creation process, the
administrator shall perform the duties that the statute places on
the county clerk in connection with matters preceding the entry of
the order on whether the election will be ordered, including the
filing of a petition for the creation, the holding of any hearing on
the proposal, the filing of any report or other document that is a
step in the procedure, and the taking of any appeal from the order
on whether the election is to be ordered. If the holding of an
election ordered by a county authority is not one of the steps in
the creation process, the county clerk shall perform the duties
placed on that officer in connection with the creation of a
political subdivision.
(f) If a statute provides that the return of an election
notice for an election ordered by a county authority is to be
recorded in the minutes of the commissioners court, the return
shall be filed in the office of the administrator.
(g) The county clerk is the proper officer to receive and
post copies of proposed constitutional amendments under Article
XVII, Section 1, of the Texas Constitution. However, the secretary
of state shall also send a copy of each proposed amendment to the
administrator for the administrator's information.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 18, eff. Sept. 1, 1997.
§ 31.045. CLASSIFICATION OF DUTIES BY SECRETARY OF
STATE. (a) The secretary of state shall adopt rules consistent
with Sections 31.043 and 31.044 that classify the duties and
functions placed on the county clerk by statutes outside this code
according to whether they are to be performed by the county
elections administrator or by the county clerk.
(b) If the administrator or county clerk of a county having
the position of administrator is uncertain as to which person
should perform a duty or function that the secretary has not
classified, the person shall request the secretary to classify that
duty or function, and the secretary shall comply with the request as
soon as practicable.
(c) The secretary shall deliver a copy of each rule proposed
under this section to the administrator and to the county clerk of
each county having the position of administrator not later than the
fifth day after the date notice of the proposal is published in the
Texas Register and shall deliver a copy of each adopted rule to
those persons not later than the fifth day after the date the
certified copy of the rule is filed in the secretary's office.
Failure to comply with this subsection does not affect the validity
of a rule.
(d) On receiving notice of the creation of the position of
administrator in a county, the secretary shall deliver to the
county clerk a current set of the rules adopted under this section.
On receiving notice of the initial appointment of the
administrator, the secretary shall deliver a set of the rules to the
administrator.
(e) The secretary may, on 30 days' notice, adopt a rule
classifying a duty or function if the rule is needed in a shorter
time than provided by the regular rulemaking process. The rule is
considered an emergency rule for purposes of Chapter 2001,
Government Code. The secretary is not required to give notice of
the proposed rule under Subsection (c), but the secretary must give
notice of the rule's adoption under that subsection.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995.
§ 31.046. MISDIRECTION OF DOCUMENT. (a) If a document
that should be filed with or submitted to the county elections
administrator is mailed to the county clerk or vice versa, the
person receiving the document shall note on the document or the
envelope in which it is received the time of its receipt and shall
promptly deliver it to the proper person. If the statute under
which the document is filed or submitted does not specify that the
filing or submission is to be made with the administrator in a
county having that position, the timeliness of the filing or
submission is determined, as appropriate:
(1) by the time of mailing; or
(2) by the time of receipt by the person to whom the
document is addressed.
(b) If a document that should be filed with or submitted to
the county elections administrator is delivered in person to the
county clerk or vice versa, the person to whom the delivery is made
shall direct the person making the delivery to the proper office.
(c) If a statute specifies that a document is to be filed
with or submitted to the county clerk without specifying that the
filing or submission is to be made with the county elections
administrator in a county having that position and the office to
accept the filing or submission is changed to the administrator
under this subchapter, a filing or submission made with the county
clerk has the same legal effect as if made with the administrator if
the clerk accepts and files the document.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.047. ACTION BY WRONG OFFICER. If a statute
specifies that an action is to be taken by the county clerk without
specifying that it is to be taken by the county elections
administrator in a county having that position, an action taken by
the county clerk without objection from the administrator has the
same legal effect as if taken by the administrator.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.048. ABOLISHING POSITION. (a) The commissioners
court by written order may abolish the position of county elections
administrator at any time.
(b) After the effective date of an order abolishing the
position of administrator, the county tax assessor-collector is the
voter registrar, and the duties and functions of the county clerk
that were performed by the administrator revert to the county
clerk, unless a transfer of duties and functions occurs under
Section 12.031 or 31.071.
(c) Not later than the third day after the date an order
abolishing the position of administrator is adopted, the county
clerk shall deliver a certified copy of the order to the secretary
of state and comptroller of public accounts.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.049. CRIMINAL PENALTIES. A statute prescribing a
criminal penalty against the county clerk or the clerk's deputies
or other employees for conduct relating to duties or functions
transferred to the county elections administrator applies to the
administrator or to the administrator's deputies or employees as
appropriate.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 19, eff. Sept. 1, 1997.
SUBCHAPTER C. TRANSFER OF ELECTION DUTIES TO COUNTY TAX
ASSESSOR-COLLECTOR
§ 31.071. TRANSFER OF DUTIES. (a) The commissioners
court by written order may transfer to the county tax
assessor-collector the duties and functions of the county clerk in
connection with the conduct of elections if the county tax
assessor-collector and county clerk agree to the transfer.
(b) The order must state the effective date of the transfer
of duties and functions.
(c) Not later than the third day after the date the order is
adopted, the county clerk shall deliver a certified copy of the
order to the secretary of state and comptroller of public accounts.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.072. APPLICABILITY OF OTHER SECTIONS. To the
extent practicable, Sections 31.043-31.047 and Section 31.049
apply to the transfer of election duties and functions under this
subchapter. For this purpose, the references in those sections to
the creation of the position of county elections administrator mean
the transfer of duties and functions under this subchapter, and the
references in those sections to the county elections administrator
mean the county tax assessor-collector.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.073. TRANSFER OF RECORDS. As soon as practicable
after the effective date of a transfer of duties and functions under
Section 31.071, the county clerk shall transfer to the county tax
assessor-collector all voting equipment and supplies of which the
clerk has custody and all records in the clerk's possession that
pertain to an uncompleted election. The commissioners court shall
determine which records of prior elections are to be transferred to
the county tax assessor-collector and which are to remain with the
county clerk.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.074. APPROPRIATION BY COMMISSIONERS COURT. The
amount initially appropriated by the commissioners court for the
duties and functions to be performed by the county tax
assessor-collector under this subchapter may not be less than the
amount last appropriated to the county clerk for the same purpose.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.075. GUIDELINES. The secretary of state shall
prepare advisory budgetary guidelines for the performance of the
duties and functions of the county tax assessor-collector that are
consolidated after implementation of this subchapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.076. RESCISSION OF TRANSFER ORDER. (a) The
commissioners court by written order may rescind an order adopted
under Section 31.071 at any time after two years have elapsed from
the date the order was adopted, to become effective on a date stated
in the order.
(b) Not later than the third day after the date the
rescission order is adopted, the county clerk shall deliver a
certified copy of the order to the secretary of state and
comptroller of public accounts.
(c) On the effective date of the rescission, the county
clerk shall perform the duties and functions previously transferred
to the county tax assessor-collector unless the position of county
elections administrator is created.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
SUBCHAPTER D. CONTRACT FOR ELECTION SERVICES
§ 31.091. DEFINITIONS. In this subchapter:
(1) "County election officer" means the county
elections administrator in counties having that position, the
county tax assessor-collector in counties in which the county
clerk's election duties and functions have been transferred to the
tax assessor-collector, and the county clerk in other counties.
(2) "Election services contract" means a contract
executed under this subchapter.
(3) "Contracting authority" means the governing body
of a political subdivision or the county executive committee of a
political party that enters into a contract under this subchapter.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.092. CONTRACT FOR ELECTION SERVICES
AUTHORIZED. (a) The county election officer may contract with
the governing body of a political subdivision situated wholly or
partly in the county served by the officer to perform election
services, as provided by this subchapter, in any one or more
elections ordered by an authority of the political subdivision.
(b) The county election officer may contract with the county
executive committee of a political party holding a primary election
in the county to perform election services, as provided by this
subchapter, in the party's general primary election or runoff
primary election, or both. To be binding, a contract under this
subsection must be approved in writing by the secretary of state,
and the execution of a contract is not completed until written
approval is obtained.
(c) An election services contract need not be submitted to
the commissioners court for approval.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.093. DUTY TO CONTRACT. (a) If requested to do so
by a political subdivision or political party, the county elections
administrator shall enter into a contract to furnish the election
services requested, in accordance with a cost schedule agreed on by
the contracting parties. If the contracting parties are unable to
reach an agreement, on referral by either party, the secretary of
state shall either prescribe terms that the administrator must
accept or instruct the administrator to decline to enter into a
contract with the requesting party.
(b) A county elections administrator may but is not required
to enter into a contract to conduct a training program for election
judges and clerks.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.094. SERVICES PERFORMABLE UNDER CONTRACT. Subject
to Sections 31.096 and 31.097, an election services contract may
provide for the county election officer to perform or to supervise
the performance of any or all of the corresponding duties and
functions that the officer performs in connection with a countywide
election ordered by a county authority.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.095. DELEGATION TO DEPUTIES. (a) The county
election officer may assign deputies to perform any of the
contracted services.
(b) In a county not having the office of county elections
administrator, the county clerk or county tax assessor-collector,
as appropriate, may delegate to the deputy in charge of the
officer's elections division the authority to enter into election
services contracts and to supervise their performance.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.096. NONTRANSFERABLE FUNCTIONS. An election
services contract may not change:
(1) the authority with whom applications of candidates
for a place on a ballot are filed;
(2) the authority with whom documents are filed under
Title 15; or
(3) the authority to serve as custodian of voted
ballots or other election records, except that a contract with a
political subdivision other than a city may provide that the county
election officer will be the custodian of voted ballots.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.097. EARLY VOTING. (a) An election services
contract may provide that the county election officer's deputies
may serve as deputy early voting clerks even if the officer is not
to serve as the early voting clerk or supervise early voting.
(b) If the county election officer is to serve as the early
voting clerk or is to provide deputies to serve as deputy early
voting clerks, the officer's written order appointing a permanent
or temporary deputy of the officer as a deputy early voting clerk is
sufficient, without the necessity for an appointment by any other
authority.
(c) A permanent deputy of the county election officer is not
subject to the eligibility requirements of this subsection. For a
temporary deputy of the officer to be eligible for appointment as a
deputy early voting clerk, the deputy must have the qualifications
for appointment as a presiding election judge except that:
(1) an appointee is not required to be a qualified
voter of any particular territory other than the county served by
the county election officer or the political subdivision in which
the election is held; and
(2) if an employee of the contracting political
subdivision is appointed, the appointee's status as an employee
does not disqualify the appointee from serving in an election in
which an officer of the political subdivision is a candidate.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 203, § 2.36; Acts 1991, 72nd Leg., ch.
554, § 7, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, §
20, eff. Sept. 1, 1997.
§ 31.098. PAYMENT OF ELECTION EXPENSES. (a) An
election services contract may authorize the county election
officer to contract with third persons for election services and
supplies and may provide that the officer will pay the claims for
those election expenses or that the contracting authority will make
the payments directly to the claimants.
(b) If a contract provides that the contracting authority is
to pay the claims of third persons, the county election officer
becomes the agent of the authority and may contract with third
persons in the name of the authority with respect to election
expenses within the scope of the officer's duties, and the officer
is not liable for the authority's failure to pay a claim.
(c) If a contract provides that the county election officer
is to pay the expenses, the contracting authority is not liable for
the officer's failure to pay a claim.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.099. FILING COPIES OF CONTRACT. (a) Not later
than the 10th day after the date an election services contract is
executed, the county election officer shall file a copy of the
contract with:
(1) the county treasurer or, in a county not having a
treasurer, the county judge; and
(2) the county auditor or, in a county not having an
auditor, the county judge.
(b) The county election officer shall file a copy of the
secretary of state's approval with each copy of a contract with the
county executive committee of a political party if the approval is
in a separate document.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.100. DISPOSITION OF CONTRACT MONEY; PAYMENT OF
CONTRACTING OFFICER'S EXPENSES. (a) Money paid to a county
election officer under an election services contract shall be
deposited in a separate fund in the county treasury. The county
election officer may make expenditures from the fund without
budgeting or appropriation by the commissioners court. However,
claims against the fund shall be audited and approved in the same
manner as other claims against the county before they are paid.
(b) Only actual expenses directly attributable to an
election services contract may be paid from the election services
contract fund, and the county election officer may not charge for
performing any duties that the officer is required by law to
perform.
(c) An election services contract must include an itemized
list of estimated election expenses. If the estimated expenses,
not including the fee charged under Subsection (d), exceed the
actual expenses, the amount of the difference shall be refunded to
the contracting authority.
(d) The county election officer may not be personally
compensated for election services performed under an election
services contract. A fee charged by the officer for general
supervision of the election may not exceed 10 percent of the total
amount of the contract, but may not be less than $75.
(e) Salaries of personnel regularly employed by the county
election officer shall be paid from funds regularly budgeted and
appropriated for that purpose, except that those employees may be
paid from the election services contract fund for contractual
duties performed outside of normal business hours. Salaries and
wages paid to persons temporarily employed to perform duties under
an election services contract shall be paid out of the election
services contract fund. The amount paid from the fund may not exceed
the normal rate of pay in that locality for the same or similar
services.
(f) A surplus in the election services contract fund may be
used only to defray expenses of the county election officer's
office in connection with election-related duties or functions.
The secretary of state shall prescribe regulations for the use of
any surplus in a fund.
(g) The commissioners court may not consider the
availability of the election services contract fund in adopting the
county budget for the office of the county election officer.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 622, § 1, eff. Sept. 1, 1991; Acts
1997, 75th Leg., ch. 1349, § 7, eff. Sept. 1, 1997.
SUBCHAPTER E. MISCELLANEOUS PROVISIONS
§ 31.121. PRESIDING OFFICER FAILING TO ACT. Two or more
members of the governing body of a political subdivision may
perform a duty placed by this code on the presiding officer of the
governing body if the office is vacant or the presiding officer
fails to perform the duty unless:
(1) a single member of the governing body designated
by law to act in place of the presiding officer performs the duty;
or
(2) this code specifies that the duty is to be
performed by another authority acting in place of the presiding
officer.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 31.122. OFFICE HOURS OF ELECTION AUTHORITY DURING
ELECTION PERIOD. (a) Except as provided by Section 31.123, each
county clerk, city secretary, or secretary of the governing body of
a political subdivision other than a county or city or the authority
performing the duties of a secretary under this code shall keep that
officer's office open for election duties for at least three hours
each day, during regular office hours, on regular business days
during the period:
(1) beginning not later than the 50th day before the
date of each general election of the political subdivision or the
third day after the date a special election is ordered by an
authority of the political subdivision; and
(2) ending not earlier than the 40th day after
election day.
(b) If the political subdivision is an independent school
district, a regular business day means a day on which the school
district's main business office is regularly open for business.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 5, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 1219, § 2, eff. June 20, 1997.
§ 31.123. APPOINTMENT OF AGENT DURING ELECTION
PERIOD. (a) If the secretary of the governing body of a political
subdivision other than a county or city or the authority performing
the duties of a secretary under this code does not maintain an
office during the hours and days required by Section 31.122, the
secretary or other authority shall appoint another officer or
employee of the political subdivision as the secretary's or
authority's agent to perform the duties provided by this section.
The appointment is subject to the approval of the political
subdivision's governing body.
(b) The agent shall maintain office hours, as directed by
the appointing authority, for at least the hours and days required
by Section 31.122, in the agent's regular office, the office of the
appointing authority, or an office designated by the governing body
of the political subdivision served by the authority.
(c) The agent shall maintain in the agent's office the
documents, records, and other papers relating to the election that:
(1) by law are placed in the custody of the authority
appointing the agent; and
(2) are public information.
(d) The agent shall:
(1) receive any personally delivered document
relating to the election that the appointing authority is
authorized or required to receive; and
(2) make available for inspection and copying, in
accordance with applicable regulations, the documents, records,
and other papers that are required to be maintained in the agent's
office under Subsection (c).
(e) The appointing authority may authorize the agent to
perform any other ministerial duties in connection with the
election that may lawfully be performed by an employee of the
appointing authority.
(f) The appointing authority shall post, on the bulletin
board used for posting notice of meetings of the political
subdivision's governing body, a notice containing the agent's name,
the location of the agent's office, the agent's office hours, and
duration of the agent's appointment. The notice shall remain
continuously posted during the minimum period for maintaining the
agent's office.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1997, 75th Leg., ch. 864, § 21, eff. Sept. 1, 1997.
