State Codes and Statutes

Statutes > Texas > Election-code > Title-10-political-parties > Chapter-173-primary-election-financing

ELECTION CODE

TITLE 10. POLITICAL PARTIES

SUBTITLE B. PARTIES NOMINATING BY PRIMARY ELECTION

CHAPTER 173. PRIMARY ELECTION FINANCING

SUBCHAPTER A. PRIMARY ELECTION EXPENSES GENERALLY

Sec. 173.001. STATE FUNDS FOR PRIMARY AUTHORIZED. (a) Subject

to legislative appropriation, state funds may be spent as

provided by this chapter to pay expenses incurred by a political

party in connection with a primary election.

(b) Expenses incurred in connection with a convention of a

political party or other party activity that is not necessary for

the holding of a primary election may not be paid with state

funds.

(c) The secretary of state may spend state funds appropriated

for primary finance to pay salaries and other necessary expenses

in connection with the administration of primary elections.

(d) If the amount of the funds appropriated for the financing of

primary elections is insufficient to satisfy the requests for

those funds made under this code, the secretary of state may

distribute the amount of the appropriation on a pro rata basis.

Each party executive committee is entitled to a proportionate

share of that amount according to that committee's percentage of

the total amount requested.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(c), eff. Sept. 1, 1987.

Sec. 173.002. STATE NOT LIABLE FOR PRIMARY EXPENSES. The state

is not liable for the failure of a political party to pay

expenses the party incurs in holding a primary election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.003. EXPENSES INCURRED BY COUNTY. Except as otherwise

provided by law, the county shall pay all the expenses incurred

in connection with early voting in a primary election, except

expenses relating to the printing of early voting ballots, and

any other expenses incurred by a county authority in connection

with a primary election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 472, Sec. 45, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.65; Acts 1991, 72nd Leg.,

ch. 554, Sec. 36, eff. Sept. 1, 1991.

Sec. 173.004. STATE COMPENSATION OF COUNTY CHAIR AND SECRETARY

OF COUNTY EXECUTIVE COMMITTEE. (a) The total amount paid with

state funds in a particular primary election year for the

combined compensation of a county chair and the secretary, if

any, of the county executive committee presided over by the chair

may not be:

(1) less than $300; or

(2) more than the lesser of

(A) $8,000; or

(B) five percent of the total expenses incurred by the political

party in holding primary elections in the county that year,

exclusive of the combined annual compensation of the county chair

and secretary.

(b) The status of a county executive committee's secretary as a

committee member does not affect the applicability of this

section.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 155, eff. Sept. 1, 1997.

Sec. 173.005. STATE COMPENSATION FOR TRAINING ELECTION JUDGES.

The maximum hourly rate payable with state funds in a particular

primary election year to election judges serving in a primary

election for attending training programs is the same as the

maximum rate prescribed by this code for compensation for

attending a training program for election judges appointed to

serve in elections ordered by the governor or a county authority.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 2003, 78th Leg., ch. 1316, Sec. 38, 44, eff. Sept. 1,

2003.

Sec. 173.006. AUTHORITY TO REDUCE PRIMARY COSTS. The secretary

of state may adopt rules consistent with this code that reduce

the cost of primary elections or facilitate the holding of

primary elections within the amount appropriated by the

legislature for that purpose.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.007. LIMITING STATE COMPENSATION FOR POLLING PLACES.

(a) The secretary of state may limit the number of primary

election polling places for which operating expenses are payable

with state funds.

(b) Rules adopted under this section must provide for state

compensation for a sufficient number of polling places in each

county to adequately serve its voters, taking into account the

area, geographic features, estimated voter turnout, and other

relevant factors, but in no case may state compensation be

limited to fewer than one polling place for each commissioners

precinct.

(c) Rules adopted under this section do not limit a political

party's authority under this code to consolidate election

precincts for a primary election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.008. LIMITING STATE COMPENSATION FOR ELECTION

PERSONNEL. (a) The secretary of state may limit the number of

election clerks in a primary election whose service is payable

with state funds.

(b) The secretary of state may limit the total state

compensation payable to persons employed to assist a county chair

in connection with a primary election.

(c) Rules adopted under this section must provide for state

compensation for sufficient personnel to properly hold the

primary, taking into account the number of registered voters,

number of votes cast in previous primary elections, method of

voting, and other relevant factors, but in no case may state

compensation be limited to fewer than two clerks for each

election precinct.

(d) State funds may be paid in excess of the limits prescribed

under this section if the secretary of state determines good

cause exists for the additional state compensation.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 156, eff. Sept. 1, 1997.

Sec. 173.009. DEADLINE FOR ADOPTING RULES. A rule adopted by

the secretary of state under this subchapter does not apply to a

primary election held less than 45 days after the date the rule

is adopted.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.010. FURNISHING RULES. During November preceding each

primary election year, the secretary of state shall deliver to

the state chair and each county chair of each political party

holding a primary election a current set of the rules adopted

under this subchapter. If a rule or amendment of a rule is

adopted after delivery of the set, the secretary shall deliver a

copy of the rule or amendment not later than the 10th day after

the date of its adoption.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 20, eff. Sept. 1,

1987; Acts 1997, 75th Leg., ch. 864, Sec. 157, eff. Sept. 1,

1997.

Sec. 173.011. FINANCING OF JOINT PRIMARY ELECTIONS GENERALLY.

(a) This section applies to the financing of joint primary

elections notwithstanding and in addition to other applicable

provisions of this code.

(b) Any surplus remaining in a county primary fund shall be

remitted to the secretary of state immediately after the final

payment from the fund of the necessary expenses for holding the

primary elections for that year, but not later than July 1

following the applicable primary election. The surplus in the

primary fund shall be remitted regardless of whether state funds

were requested by the chair.

(c) The secretary of state shall adopt rules, consistent with

this chapter to the extent practicable, that are necessary for

the fair and efficient financing of joint primary elections.

Added by Acts 1997, 75th Leg., ch. 1349, Sec. 63, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 39, eff.

Sept. 1, 2003.

SUBCHAPTER B. PRIMARY FUND

Sec. 173.031. COUNTY PRIMARY FUND. (a) A county primary fund

is created for each county executive committee of a political

party holding a primary election.

(b) The county primary fund consists of:

(1) the filing fees required to be deposited in the fund under

Subchapter C;

(2) the state funds paid to the county chair under Subchapter D;

(3) the contributions to the county executive committee for the

purpose of defraying primary election expenses; and

(4) the income earned by the fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 158, eff. Sept. 1, 1997.

Sec. 173.032. STATE PRIMARY FUND. (a) A state primary fund is

created for the state executive committee of each political party

holding a primary election.

(b) The state primary fund consists of:

(1) the filing fees required to be deposited in the fund under

Subchapter C;

(2) the state funds paid to the state chair under Subchapter D;

(3) the contributions to the state executive committee for the

purpose of defraying primary election expenses; and

(4) the income earned by the fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 159, eff. Sept. 1, 1997.

Sec. 173.033. USE OF PRIMARY FUND. (a) The county primary fund

shall be used to pay expenses incurred by the county chair or

county executive committee in connection with a primary election.

(b) The state primary fund shall be used to pay expenses

incurred by the state chair or state executive committee in

connection with a primary election.

(c) A primary fund may not be used for any other purpose.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 160, eff. Sept. 1, 1997.

Sec. 173.034. MANAGING PRIMARY FUND. (a) The county executive

committee shall manage the county primary fund.

(b) The state executive committee shall manage the state primary

fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.035. AUDIT BY SECRETARY OF STATE. (a) The secretary

of state may have a primary fund audited at any time.

(b) The expenses of an audit under this section shall be paid

from funds appropriated for the administration of primary

elections.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Renumbered from Election Code Sec. 173.036 and amended by Acts

1987, 70th Leg., ch. 54, Sec. 12(d), eff. Sept. 1, 1987.

Sec. 173.036. STATE FUNDS FOR AUDIT REQUESTED BY PARTY. (a)

The secretary of state may approve an expenditure of state funds

for an audit of the state primary fund on request of the state

chair or a county primary fund on request of a county chair.

(b) On receipt of written certification of the amount approved

by the secretary of state for an audit, the comptroller of public

accounts shall issue a warrant for that amount payable to the

state or county chair making the request.

(c) An audit conducted with state funds approved under this

section is subject to the conditions imposed by the secretary of

state.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Renumbered from Election Code Sec. 173.037 and amended by Acts

1987, 70th Leg., ch. 54, Sec. 12(d), eff. Sept. 1, 1987. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 161, eff. Sept. 1, 1997.

SUBCHAPTER C. DISPOSITION OF FILING FEES

Sec. 173.061. FEE PAID TO COUNTY CHAIR. The county chair shall

deposit in the county primary fund each filing fee accompanying

an application for a place on the ballot filed with the county

chair.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 162, eff. Sept. 1, 1997.

Sec. 173.062. FEE PAID TO STATE CHAIR ALLOCATED AMONG COUNTY

COMMITTEES. (a) The state chair shall allocate the filing fee

for a district office accompanying an application for a place on

the ballot filed with the state chair during the regular filing

period among the county executive committees serving the counties

comprising the district.

(b) Each committee's allocation is equal to the quotient

obtained by dividing the amount of the filing fee by the number

of counties wholly or partly in the district.

(c) The state chair shall deliver each committee's allocation to

the county chair not later than the 10th day after the date of

the regular filing deadline.

(d) On receipt of the allocation, the county chair shall deposit

it in the county primary fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 163, eff. Sept. 1, 1997.

Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair

shall deposit in the state primary fund each filing fee

accompanying an application for a place on the ballot filed with

the state chair:

(1) for a statewide office; or

(2) for a district office if the application is filed after the

regular filing deadline.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 164, eff. Sept. 1, 1997.

Sec. 173.064. REPORT OF FEES BY STATE CHAIR. (a) The state

chair shall prepare a report of the filing fees accompanying

applications for a place on the ballot filed with the state chair

during the regular filing period.

(b) The report must include, for each office for which an

application is filed, the total number of applications and the

total amount of filing fees paid.

(c) The state chair shall deliver the report to the secretary of

state not later than the 10th day after the date of the regular

filing deadline.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 165, eff. Sept. 1, 1997.

SUBCHAPTER D. STATE FINANCING

Sec. 173.081. STATEMENT OF ESTIMATED PRIMARY EXPENSES. (a)

Regardless of whether state funds are requested for paying

primary expenses, a written statement of estimated expenses to be

incurred in connection with a primary election shall be submitted

to the secretary of state by:

(1) the county chair, for expenses of the county chair or county

executive committee; or

(2) the state chair, for expenses of the state chair or state

executive committee.

(b) The statement must:

(1) contain an itemized estimate, prepared by the authority

submitting the statement, of the primary expenses to be incurred

and a statement by the authority of whether state funds are

requested; and

(2) be sworn to by the authority submitting the statement.

(c) A statement for a general primary election must also:

(1) state the amount of:

(A) the primary candidates' filing fees required to be deposited

in the county primary fund if the statement is submitted by a

county chair, or in the state primary fund if the statement is

submitted by the state chair, that have been received by the

authority submitting the statement; and

(B) the contributions to the county executive committee if the

statement is submitted by a county chair, or to the state

executive committee if the statement is submitted by the state

chair, that:

(i) are for the purpose of defraying primary election expenses;

and

(ii) have not been included in a report filed under Section

173.084 for a previous primary election year; and

(2) be submitted not later than the 45th day before general

primary election day.

(d) The information required by Subsection (c)(1) must be

current as of the 10th day after the date of the regular filing

deadline for a candidate's application for a place on the primary

ballot.

(e) A statement for a runoff primary election must be submitted

not later than the 10th day after general primary election day.

(f) A statement submitted by a county chair must also include a

notice of the county election precincts to be consolidated for

the election, if any.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(e), eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 114, Sec. 14, eff. Sept. 1, 1989; Acts

1997, 75th Leg., ch. 864, Sec. 166, eff. Sept. 1, 1997.

Sec. 173.082. REVIEW OF STATEMENT; APPROVAL; NOTICE. (a) On

receipt of a statement of estimated primary election expenses,

the secretary of state shall review the statement to determine

which items of estimated expense and the amounts of those items

to approve.

(b) The secretary of state shall approve an item of estimated

expense if the secretary determines that it is reasonably

necessary for the proper holding of the primary election. If the

secretary determines that the entire estimated amount of the item

is not reasonably necessary, the secretary shall approve the item

in the reduced amount that the secretary determines is

appropriate.

(c) The secretary of state shall promptly notify the authority

submitting the statement of each item of estimated expense not

approved or approved in a reduced amount.

(d) An item or part of an item of estimated primary election

expense that is not approved by the secretary of state may not be

paid with primary funds.

(e) Expenses incurred in connection with an application for a

place on the ballot for the office of precinct chair filed before

the 30th day before the date of the regular filing deadline may

not be paid with state funds.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(e), eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 864, Sec. 167, eff. Sept. 1, 1997.

Sec. 173.083. STATE PAYMENT OF ESTIMATED PRIMARY EXPENSES. (a)

The amount of estimated primary election expenses payable with

state funds under this section is equal to:

(1) for a general primary election, the difference obtained by

subtracting the sum of the filing fees and contributions reported

in the statement of estimated primary election expenses from the

total amount of estimated general primary expenses approved by

the secretary of state under Section 173.082; and

(2) for a runoff primary election, the total amount of estimated

runoff primary expenses approved by the secretary.

(b) State payment of the estimated primary election expenses

shall be made in installments as follows:

(1) the initial installment for the expenses of a general

primary is equal to three-fourths, or three-fifths if the

secretary of state determines that figure to be more efficient,

of the amount of estimated general primary expenses payable with

state funds;

(2) the initial installment for the expenses of a runoff primary

is equal to three-fourths, or three-fifths if the secretary of

state determines that figure to be more efficient, of the amount

of estimated runoff primary expenses payable with state funds;

and

(3) the final installment is equal to the difference obtained by

subtracting the total of the installments paid under Subdivisions

(1) and (2) from the total of the actual general and runoff

primary election expenses payable with state funds.

(c) After determining the amount of estimated primary expenses

to approve under Section 173.082 for a general or runoff primary,

the secretary of state shall calculate the amount of the

installment payable under Subsection (b)(1) or (2), as

applicable. The secretary shall then prepare and deliver to the

comptroller of public accounts a certified statement indicating

the amount of the installment, the total amount of estimated

general or runoff primary expenses payable with state funds, and

the name of the county or state chair who submitted the statement

of estimated primary election expenses.

(d) The final installment may not be paid until a report is

filed in compliance with Section 173.084 and, in the case of a

county chair, a report is also filed in compliance with Section

172.124. On the filing of the report, the secretary of state

shall calculate the amount of the final installment and prepare

and deliver to the comptroller of public accounts a certified

statement indicating that amount and the appropriate county or

state chair's name.

(e) On receipt of a certified statement under Subsection (c) or

(d), the comptroller of public accounts shall issue a warrant in

the certified amount of the installment payable to the county or

state chair identified by the statement.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(f), eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 114, Sec. 15, eff. Sept. 1, 1989; Acts

1997, 75th Leg., ch. 864, Sec. 168, eff. Sept. 1, 1997.

Sec. 173.0831. STATE PAYMENT OF START-UP PRIMARY FUNDS. (a)

Not later than the 30th day before the beginning date of the

regular filing period for public offices in the general primary

election, a county chair may submit to the secretary of state a

written statement of estimated primary election expenses.

(b) Not later than the 10th day after the date the statement is

received, the secretary of state shall have disbursed to the

county chair start-up funds in an amount equal to 10 percent of

the amount approved for and expended by the county chair and

executive committee in the preceding general primary election.

Added by Acts 1993, 73rd Leg., ch. 728, Sec. 68, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 169, eff.

Sept. 1, 1997.

Sec. 173.084. EXPENSE REPORT BY PARTY. (a) Regardless of

whether state funds are requested for paying primary expenses,

each county chair and state chair shall prepare a report that

includes:

(1) an itemized list of the actual expenses incurred in

connection with the general and runoff primaries by the authority

preparing the report and by the executive committee over which

the authority presides;

(2) the amount of the primary candidates' filing fees required

to be deposited in the county primary fund if the report is by a

county chair, or in the state primary fund if the report is by

the state chair;

(3) the amount of filing fees that have been refunded;

(4) the amount of the contributions to the executive committee

over which the authority preparing the report presides that:

(A) are for the purpose of defraying primary election expenses;

and

(B) have not been included in a report filed under this section

for a previous primary election year; and

(5) the balance in the county primary fund if the report is by a

county chair, or in the state primary fund if the report is by

the state chair, that remains after deducting the primary

election expenses actually incurred and the refunded filing fees.

(b) The authority preparing the report shall file it with the

secretary of state not later than the 30th day after runoff

primary election day or not later than the 30th day after general

primary election day if no runoff primary is held in the county,

in the case of the county chair's report, or if no runoff primary

is held for a statewide or district office, in the case of the

state chair's report. The secretary for good cause may extend the

filing deadline.

(c) The report must be sworn to by the authority preparing it.

(d) Any compensation claimed under Section 173.004 may be

forfeited on the failure of a county chair to file a timely

report.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(g), eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 69, eff. Sept. 1, 1993; Acts

1997, 75th Leg., ch. 864, Sec. 170, eff. Sept. 1, 1997.

Sec. 173.085. STATE PAYMENT OF EXCESS PRIMARY EXPENSES. (a) If

the actual expenditure for an item of primary election expense

exceeds the amount estimated for the item in the statement of

estimated primary election expenses, the excess expense is

payable with state funds as provided by this section.

(b) To obtain state compensation for an excess expense, the

county chair or state chair, as applicable, must include in the

report required by Section 173.084:

(1) an identification of the item for which the excess expense

was incurred;

(2) the amount of the excess; and

(3) an explanation of the reason for exceeding the estimate.

(c) The secretary of state shall approve the payment of the

excess expense with state funds if the secretary determines that

payment is justified by good cause. If the secretary determines

that payment of the entire excess expense is not justified by

good cause, the secretary shall approve the excess expense in the

reduced amount that the secretary determines is appropriate.

(d) The secretary of state shall promptly notify the authority

filing the report of each item of excess expense not approved or

approved in a reduced amount.

(e) An item of excess primary election expense that is not

approved by the secretary of state, or that part of an item that

is not approved, may not be paid with state funds.

(f) If the secretary of state approves an excess expense, the

secretary shall include the approved amount in the certified

statement prepared under Section 173.083(d).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(h), eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 864, Sec. 171, eff. Sept. 1, 1997.

Sec. 173.0851. DISPOSITION OF SURPLUS IN PRIMARY FUND. (a) Any

surplus remaining in a primary fund shall be remitted to the

secretary of state immediately after the final payment from the

fund of the necessary expenses for holding the primary elections

for that year, but not later than July 1 following the applicable

primary election. The surplus in a primary fund shall be remitted

regardless of whether state funds were requested by the chair.

(b) Any surplus primary funds received by the secretary of state

under this section shall be deposited in the state treasury and

may be used only for the financing of primary elections.

Added by Acts 1987, 70th Leg., ch. 54, Sec. 12(i), eff. Sept. 1,

1987. Amended by Acts 1987, 70th Leg., ch. 472, Sec. 46, eff.

Sept. 1, 1987; Acts 1997, 75th Leg., ch. 864, Sec. 172, eff.

Sept. 1, 1997.

Sec. 173.086. CHALLENGE OF DISBURSEMENT OF STATE FUNDS. (a)

The authority who submitted a statement of estimated primary

election expenses under this subchapter may challenge in a

district court in Travis County the amount of state funds

approved by the secretary of state for disbursement.

(b) A petition stating the ground of the challenge must be filed

with the court not later than the 20th day after the earlier of:

(1) the date of receipt of the secretary of state's notice of

disapproval or approval in a reduced amount of a primary election

expense involved in the challenge; or

(2) the date of receipt of the comptroller's warrant for payment

of a primary election expense involved in the challenge.

(c) If the court determines the challenged amount is less than

the amount to which the petitioner is entitled by law, the court

shall order payment in the proper amount.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(j), eff. Sept. 1, 1987.

Sec. 173.087. LIABILITY OF COUNTY CHAIR AND COUNTY EXECUTIVE

COMMITTEE. The county executive committee is not liable for the

debts incurred by the committee or the county chair in connection

with a primary election that are unpaid because the legislative

appropriation is insufficient. The county chair or any other

member of the county executive committee is not personally liable

for those debts.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 173, eff. Sept. 1, 1997.

Sec. 173.088. AVAILABILITY OF GUIDELINES. The secretary of

state shall make available to each county and state chair, for

use in preparing statements and reports under this chapter, any

guidelines the secretary prescribes for determining the necessity

of primary election expenses.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(k), eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 864, Sec. 174, eff. Sept. 1, 1997.

State Codes and Statutes

Statutes > Texas > Election-code > Title-10-political-parties > Chapter-173-primary-election-financing

ELECTION CODE

TITLE 10. POLITICAL PARTIES

SUBTITLE B. PARTIES NOMINATING BY PRIMARY ELECTION

CHAPTER 173. PRIMARY ELECTION FINANCING

SUBCHAPTER A. PRIMARY ELECTION EXPENSES GENERALLY

Sec. 173.001. STATE FUNDS FOR PRIMARY AUTHORIZED. (a) Subject

to legislative appropriation, state funds may be spent as

provided by this chapter to pay expenses incurred by a political

party in connection with a primary election.

(b) Expenses incurred in connection with a convention of a

political party or other party activity that is not necessary for

the holding of a primary election may not be paid with state

funds.

(c) The secretary of state may spend state funds appropriated

for primary finance to pay salaries and other necessary expenses

in connection with the administration of primary elections.

(d) If the amount of the funds appropriated for the financing of

primary elections is insufficient to satisfy the requests for

those funds made under this code, the secretary of state may

distribute the amount of the appropriation on a pro rata basis.

Each party executive committee is entitled to a proportionate

share of that amount according to that committee's percentage of

the total amount requested.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(c), eff. Sept. 1, 1987.

Sec. 173.002. STATE NOT LIABLE FOR PRIMARY EXPENSES. The state

is not liable for the failure of a political party to pay

expenses the party incurs in holding a primary election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.003. EXPENSES INCURRED BY COUNTY. Except as otherwise

provided by law, the county shall pay all the expenses incurred

in connection with early voting in a primary election, except

expenses relating to the printing of early voting ballots, and

any other expenses incurred by a county authority in connection

with a primary election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 472, Sec. 45, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.65; Acts 1991, 72nd Leg.,

ch. 554, Sec. 36, eff. Sept. 1, 1991.

Sec. 173.004. STATE COMPENSATION OF COUNTY CHAIR AND SECRETARY

OF COUNTY EXECUTIVE COMMITTEE. (a) The total amount paid with

state funds in a particular primary election year for the

combined compensation of a county chair and the secretary, if

any, of the county executive committee presided over by the chair

may not be:

(1) less than $300; or

(2) more than the lesser of

(A) $8,000; or

(B) five percent of the total expenses incurred by the political

party in holding primary elections in the county that year,

exclusive of the combined annual compensation of the county chair

and secretary.

(b) The status of a county executive committee's secretary as a

committee member does not affect the applicability of this

section.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 155, eff. Sept. 1, 1997.

Sec. 173.005. STATE COMPENSATION FOR TRAINING ELECTION JUDGES.

The maximum hourly rate payable with state funds in a particular

primary election year to election judges serving in a primary

election for attending training programs is the same as the

maximum rate prescribed by this code for compensation for

attending a training program for election judges appointed to

serve in elections ordered by the governor or a county authority.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 2003, 78th Leg., ch. 1316, Sec. 38, 44, eff. Sept. 1,

2003.

Sec. 173.006. AUTHORITY TO REDUCE PRIMARY COSTS. The secretary

of state may adopt rules consistent with this code that reduce

the cost of primary elections or facilitate the holding of

primary elections within the amount appropriated by the

legislature for that purpose.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.007. LIMITING STATE COMPENSATION FOR POLLING PLACES.

(a) The secretary of state may limit the number of primary

election polling places for which operating expenses are payable

with state funds.

(b) Rules adopted under this section must provide for state

compensation for a sufficient number of polling places in each

county to adequately serve its voters, taking into account the

area, geographic features, estimated voter turnout, and other

relevant factors, but in no case may state compensation be

limited to fewer than one polling place for each commissioners

precinct.

(c) Rules adopted under this section do not limit a political

party's authority under this code to consolidate election

precincts for a primary election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.008. LIMITING STATE COMPENSATION FOR ELECTION

PERSONNEL. (a) The secretary of state may limit the number of

election clerks in a primary election whose service is payable

with state funds.

(b) The secretary of state may limit the total state

compensation payable to persons employed to assist a county chair

in connection with a primary election.

(c) Rules adopted under this section must provide for state

compensation for sufficient personnel to properly hold the

primary, taking into account the number of registered voters,

number of votes cast in previous primary elections, method of

voting, and other relevant factors, but in no case may state

compensation be limited to fewer than two clerks for each

election precinct.

(d) State funds may be paid in excess of the limits prescribed

under this section if the secretary of state determines good

cause exists for the additional state compensation.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 156, eff. Sept. 1, 1997.

Sec. 173.009. DEADLINE FOR ADOPTING RULES. A rule adopted by

the secretary of state under this subchapter does not apply to a

primary election held less than 45 days after the date the rule

is adopted.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.010. FURNISHING RULES. During November preceding each

primary election year, the secretary of state shall deliver to

the state chair and each county chair of each political party

holding a primary election a current set of the rules adopted

under this subchapter. If a rule or amendment of a rule is

adopted after delivery of the set, the secretary shall deliver a

copy of the rule or amendment not later than the 10th day after

the date of its adoption.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 20, eff. Sept. 1,

1987; Acts 1997, 75th Leg., ch. 864, Sec. 157, eff. Sept. 1,

1997.

Sec. 173.011. FINANCING OF JOINT PRIMARY ELECTIONS GENERALLY.

(a) This section applies to the financing of joint primary

elections notwithstanding and in addition to other applicable

provisions of this code.

(b) Any surplus remaining in a county primary fund shall be

remitted to the secretary of state immediately after the final

payment from the fund of the necessary expenses for holding the

primary elections for that year, but not later than July 1

following the applicable primary election. The surplus in the

primary fund shall be remitted regardless of whether state funds

were requested by the chair.

(c) The secretary of state shall adopt rules, consistent with

this chapter to the extent practicable, that are necessary for

the fair and efficient financing of joint primary elections.

Added by Acts 1997, 75th Leg., ch. 1349, Sec. 63, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 39, eff.

Sept. 1, 2003.

SUBCHAPTER B. PRIMARY FUND

Sec. 173.031. COUNTY PRIMARY FUND. (a) A county primary fund

is created for each county executive committee of a political

party holding a primary election.

(b) The county primary fund consists of:

(1) the filing fees required to be deposited in the fund under

Subchapter C;

(2) the state funds paid to the county chair under Subchapter D;

(3) the contributions to the county executive committee for the

purpose of defraying primary election expenses; and

(4) the income earned by the fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 158, eff. Sept. 1, 1997.

Sec. 173.032. STATE PRIMARY FUND. (a) A state primary fund is

created for the state executive committee of each political party

holding a primary election.

(b) The state primary fund consists of:

(1) the filing fees required to be deposited in the fund under

Subchapter C;

(2) the state funds paid to the state chair under Subchapter D;

(3) the contributions to the state executive committee for the

purpose of defraying primary election expenses; and

(4) the income earned by the fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 159, eff. Sept. 1, 1997.

Sec. 173.033. USE OF PRIMARY FUND. (a) The county primary fund

shall be used to pay expenses incurred by the county chair or

county executive committee in connection with a primary election.

(b) The state primary fund shall be used to pay expenses

incurred by the state chair or state executive committee in

connection with a primary election.

(c) A primary fund may not be used for any other purpose.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 160, eff. Sept. 1, 1997.

Sec. 173.034. MANAGING PRIMARY FUND. (a) The county executive

committee shall manage the county primary fund.

(b) The state executive committee shall manage the state primary

fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.035. AUDIT BY SECRETARY OF STATE. (a) The secretary

of state may have a primary fund audited at any time.

(b) The expenses of an audit under this section shall be paid

from funds appropriated for the administration of primary

elections.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Renumbered from Election Code Sec. 173.036 and amended by Acts

1987, 70th Leg., ch. 54, Sec. 12(d), eff. Sept. 1, 1987.

Sec. 173.036. STATE FUNDS FOR AUDIT REQUESTED BY PARTY. (a)

The secretary of state may approve an expenditure of state funds

for an audit of the state primary fund on request of the state

chair or a county primary fund on request of a county chair.

(b) On receipt of written certification of the amount approved

by the secretary of state for an audit, the comptroller of public

accounts shall issue a warrant for that amount payable to the

state or county chair making the request.

(c) An audit conducted with state funds approved under this

section is subject to the conditions imposed by the secretary of

state.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Renumbered from Election Code Sec. 173.037 and amended by Acts

1987, 70th Leg., ch. 54, Sec. 12(d), eff. Sept. 1, 1987. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 161, eff. Sept. 1, 1997.

SUBCHAPTER C. DISPOSITION OF FILING FEES

Sec. 173.061. FEE PAID TO COUNTY CHAIR. The county chair shall

deposit in the county primary fund each filing fee accompanying

an application for a place on the ballot filed with the county

chair.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 162, eff. Sept. 1, 1997.

Sec. 173.062. FEE PAID TO STATE CHAIR ALLOCATED AMONG COUNTY

COMMITTEES. (a) The state chair shall allocate the filing fee

for a district office accompanying an application for a place on

the ballot filed with the state chair during the regular filing

period among the county executive committees serving the counties

comprising the district.

(b) Each committee's allocation is equal to the quotient

obtained by dividing the amount of the filing fee by the number

of counties wholly or partly in the district.

(c) The state chair shall deliver each committee's allocation to

the county chair not later than the 10th day after the date of

the regular filing deadline.

(d) On receipt of the allocation, the county chair shall deposit

it in the county primary fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 163, eff. Sept. 1, 1997.

Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair

shall deposit in the state primary fund each filing fee

accompanying an application for a place on the ballot filed with

the state chair:

(1) for a statewide office; or

(2) for a district office if the application is filed after the

regular filing deadline.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 164, eff. Sept. 1, 1997.

Sec. 173.064. REPORT OF FEES BY STATE CHAIR. (a) The state

chair shall prepare a report of the filing fees accompanying

applications for a place on the ballot filed with the state chair

during the regular filing period.

(b) The report must include, for each office for which an

application is filed, the total number of applications and the

total amount of filing fees paid.

(c) The state chair shall deliver the report to the secretary of

state not later than the 10th day after the date of the regular

filing deadline.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 165, eff. Sept. 1, 1997.

SUBCHAPTER D. STATE FINANCING

Sec. 173.081. STATEMENT OF ESTIMATED PRIMARY EXPENSES. (a)

Regardless of whether state funds are requested for paying

primary expenses, a written statement of estimated expenses to be

incurred in connection with a primary election shall be submitted

to the secretary of state by:

(1) the county chair, for expenses of the county chair or county

executive committee; or

(2) the state chair, for expenses of the state chair or state

executive committee.

(b) The statement must:

(1) contain an itemized estimate, prepared by the authority

submitting the statement, of the primary expenses to be incurred

and a statement by the authority of whether state funds are

requested; and

(2) be sworn to by the authority submitting the statement.

(c) A statement for a general primary election must also:

(1) state the amount of:

(A) the primary candidates' filing fees required to be deposited

in the county primary fund if the statement is submitted by a

county chair, or in the state primary fund if the statement is

submitted by the state chair, that have been received by the

authority submitting the statement; and

(B) the contributions to the county executive committee if the

statement is submitted by a county chair, or to the state

executive committee if the statement is submitted by the state

chair, that:

(i) are for the purpose of defraying primary election expenses;

and

(ii) have not been included in a report filed under Section

173.084 for a previous primary election year; and

(2) be submitted not later than the 45th day before general

primary election day.

(d) The information required by Subsection (c)(1) must be

current as of the 10th day after the date of the regular filing

deadline for a candidate's application for a place on the primary

ballot.

(e) A statement for a runoff primary election must be submitted

not later than the 10th day after general primary election day.

(f) A statement submitted by a county chair must also include a

notice of the county election precincts to be consolidated for

the election, if any.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(e), eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 114, Sec. 14, eff. Sept. 1, 1989; Acts

1997, 75th Leg., ch. 864, Sec. 166, eff. Sept. 1, 1997.

Sec. 173.082. REVIEW OF STATEMENT; APPROVAL; NOTICE. (a) On

receipt of a statement of estimated primary election expenses,

the secretary of state shall review the statement to determine

which items of estimated expense and the amounts of those items

to approve.

(b) The secretary of state shall approve an item of estimated

expense if the secretary determines that it is reasonably

necessary for the proper holding of the primary election. If the

secretary determines that the entire estimated amount of the item

is not reasonably necessary, the secretary shall approve the item

in the reduced amount that the secretary determines is

appropriate.

(c) The secretary of state shall promptly notify the authority

submitting the statement of each item of estimated expense not

approved or approved in a reduced amount.

(d) An item or part of an item of estimated primary election

expense that is not approved by the secretary of state may not be

paid with primary funds.

(e) Expenses incurred in connection with an application for a

place on the ballot for the office of precinct chair filed before

the 30th day before the date of the regular filing deadline may

not be paid with state funds.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(e), eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 864, Sec. 167, eff. Sept. 1, 1997.

Sec. 173.083. STATE PAYMENT OF ESTIMATED PRIMARY EXPENSES. (a)

The amount of estimated primary election expenses payable with

state funds under this section is equal to:

(1) for a general primary election, the difference obtained by

subtracting the sum of the filing fees and contributions reported

in the statement of estimated primary election expenses from the

total amount of estimated general primary expenses approved by

the secretary of state under Section 173.082; and

(2) for a runoff primary election, the total amount of estimated

runoff primary expenses approved by the secretary.

(b) State payment of the estimated primary election expenses

shall be made in installments as follows:

(1) the initial installment for the expenses of a general

primary is equal to three-fourths, or three-fifths if the

secretary of state determines that figure to be more efficient,

of the amount of estimated general primary expenses payable with

state funds;

(2) the initial installment for the expenses of a runoff primary

is equal to three-fourths, or three-fifths if the secretary of

state determines that figure to be more efficient, of the amount

of estimated runoff primary expenses payable with state funds;

and

(3) the final installment is equal to the difference obtained by

subtracting the total of the installments paid under Subdivisions

(1) and (2) from the total of the actual general and runoff

primary election expenses payable with state funds.

(c) After determining the amount of estimated primary expenses

to approve under Section 173.082 for a general or runoff primary,

the secretary of state shall calculate the amount of the

installment payable under Subsection (b)(1) or (2), as

applicable. The secretary shall then prepare and deliver to the

comptroller of public accounts a certified statement indicating

the amount of the installment, the total amount of estimated

general or runoff primary expenses payable with state funds, and

the name of the county or state chair who submitted the statement

of estimated primary election expenses.

(d) The final installment may not be paid until a report is

filed in compliance with Section 173.084 and, in the case of a

county chair, a report is also filed in compliance with Section

172.124. On the filing of the report, the secretary of state

shall calculate the amount of the final installment and prepare

and deliver to the comptroller of public accounts a certified

statement indicating that amount and the appropriate county or

state chair's name.

(e) On receipt of a certified statement under Subsection (c) or

(d), the comptroller of public accounts shall issue a warrant in

the certified amount of the installment payable to the county or

state chair identified by the statement.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(f), eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 114, Sec. 15, eff. Sept. 1, 1989; Acts

1997, 75th Leg., ch. 864, Sec. 168, eff. Sept. 1, 1997.

Sec. 173.0831. STATE PAYMENT OF START-UP PRIMARY FUNDS. (a)

Not later than the 30th day before the beginning date of the

regular filing period for public offices in the general primary

election, a county chair may submit to the secretary of state a

written statement of estimated primary election expenses.

(b) Not later than the 10th day after the date the statement is

received, the secretary of state shall have disbursed to the

county chair start-up funds in an amount equal to 10 percent of

the amount approved for and expended by the county chair and

executive committee in the preceding general primary election.

Added by Acts 1993, 73rd Leg., ch. 728, Sec. 68, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 169, eff.

Sept. 1, 1997.

Sec. 173.084. EXPENSE REPORT BY PARTY. (a) Regardless of

whether state funds are requested for paying primary expenses,

each county chair and state chair shall prepare a report that

includes:

(1) an itemized list of the actual expenses incurred in

connection with the general and runoff primaries by the authority

preparing the report and by the executive committee over which

the authority presides;

(2) the amount of the primary candidates' filing fees required

to be deposited in the county primary fund if the report is by a

county chair, or in the state primary fund if the report is by

the state chair;

(3) the amount of filing fees that have been refunded;

(4) the amount of the contributions to the executive committee

over which the authority preparing the report presides that:

(A) are for the purpose of defraying primary election expenses;

and

(B) have not been included in a report filed under this section

for a previous primary election year; and

(5) the balance in the county primary fund if the report is by a

county chair, or in the state primary fund if the report is by

the state chair, that remains after deducting the primary

election expenses actually incurred and the refunded filing fees.

(b) The authority preparing the report shall file it with the

secretary of state not later than the 30th day after runoff

primary election day or not later than the 30th day after general

primary election day if no runoff primary is held in the county,

in the case of the county chair's report, or if no runoff primary

is held for a statewide or district office, in the case of the

state chair's report. The secretary for good cause may extend the

filing deadline.

(c) The report must be sworn to by the authority preparing it.

(d) Any compensation claimed under Section 173.004 may be

forfeited on the failure of a county chair to file a timely

report.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(g), eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 69, eff. Sept. 1, 1993; Acts

1997, 75th Leg., ch. 864, Sec. 170, eff. Sept. 1, 1997.

Sec. 173.085. STATE PAYMENT OF EXCESS PRIMARY EXPENSES. (a) If

the actual expenditure for an item of primary election expense

exceeds the amount estimated for the item in the statement of

estimated primary election expenses, the excess expense is

payable with state funds as provided by this section.

(b) To obtain state compensation for an excess expense, the

county chair or state chair, as applicable, must include in the

report required by Section 173.084:

(1) an identification of the item for which the excess expense

was incurred;

(2) the amount of the excess; and

(3) an explanation of the reason for exceeding the estimate.

(c) The secretary of state shall approve the payment of the

excess expense with state funds if the secretary determines that

payment is justified by good cause. If the secretary determines

that payment of the entire excess expense is not justified by

good cause, the secretary shall approve the excess expense in the

reduced amount that the secretary determines is appropriate.

(d) The secretary of state shall promptly notify the authority

filing the report of each item of excess expense not approved or

approved in a reduced amount.

(e) An item of excess primary election expense that is not

approved by the secretary of state, or that part of an item that

is not approved, may not be paid with state funds.

(f) If the secretary of state approves an excess expense, the

secretary shall include the approved amount in the certified

statement prepared under Section 173.083(d).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(h), eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 864, Sec. 171, eff. Sept. 1, 1997.

Sec. 173.0851. DISPOSITION OF SURPLUS IN PRIMARY FUND. (a) Any

surplus remaining in a primary fund shall be remitted to the

secretary of state immediately after the final payment from the

fund of the necessary expenses for holding the primary elections

for that year, but not later than July 1 following the applicable

primary election. The surplus in a primary fund shall be remitted

regardless of whether state funds were requested by the chair.

(b) Any surplus primary funds received by the secretary of state

under this section shall be deposited in the state treasury and

may be used only for the financing of primary elections.

Added by Acts 1987, 70th Leg., ch. 54, Sec. 12(i), eff. Sept. 1,

1987. Amended by Acts 1987, 70th Leg., ch. 472, Sec. 46, eff.

Sept. 1, 1987; Acts 1997, 75th Leg., ch. 864, Sec. 172, eff.

Sept. 1, 1997.

Sec. 173.086. CHALLENGE OF DISBURSEMENT OF STATE FUNDS. (a)

The authority who submitted a statement of estimated primary

election expenses under this subchapter may challenge in a

district court in Travis County the amount of state funds

approved by the secretary of state for disbursement.

(b) A petition stating the ground of the challenge must be filed

with the court not later than the 20th day after the earlier of:

(1) the date of receipt of the secretary of state's notice of

disapproval or approval in a reduced amount of a primary election

expense involved in the challenge; or

(2) the date of receipt of the comptroller's warrant for payment

of a primary election expense involved in the challenge.

(c) If the court determines the challenged amount is less than

the amount to which the petitioner is entitled by law, the court

shall order payment in the proper amount.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(j), eff. Sept. 1, 1987.

Sec. 173.087. LIABILITY OF COUNTY CHAIR AND COUNTY EXECUTIVE

COMMITTEE. The county executive committee is not liable for the

debts incurred by the committee or the county chair in connection

with a primary election that are unpaid because the legislative

appropriation is insufficient. The county chair or any other

member of the county executive committee is not personally liable

for those debts.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 173, eff. Sept. 1, 1997.

Sec. 173.088. AVAILABILITY OF GUIDELINES. The secretary of

state shall make available to each county and state chair, for

use in preparing statements and reports under this chapter, any

guidelines the secretary prescribes for determining the necessity

of primary election expenses.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(k), eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 864, Sec. 174, eff. Sept. 1, 1997.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Election-code > Title-10-political-parties > Chapter-173-primary-election-financing

ELECTION CODE

TITLE 10. POLITICAL PARTIES

SUBTITLE B. PARTIES NOMINATING BY PRIMARY ELECTION

CHAPTER 173. PRIMARY ELECTION FINANCING

SUBCHAPTER A. PRIMARY ELECTION EXPENSES GENERALLY

Sec. 173.001. STATE FUNDS FOR PRIMARY AUTHORIZED. (a) Subject

to legislative appropriation, state funds may be spent as

provided by this chapter to pay expenses incurred by a political

party in connection with a primary election.

(b) Expenses incurred in connection with a convention of a

political party or other party activity that is not necessary for

the holding of a primary election may not be paid with state

funds.

(c) The secretary of state may spend state funds appropriated

for primary finance to pay salaries and other necessary expenses

in connection with the administration of primary elections.

(d) If the amount of the funds appropriated for the financing of

primary elections is insufficient to satisfy the requests for

those funds made under this code, the secretary of state may

distribute the amount of the appropriation on a pro rata basis.

Each party executive committee is entitled to a proportionate

share of that amount according to that committee's percentage of

the total amount requested.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(c), eff. Sept. 1, 1987.

Sec. 173.002. STATE NOT LIABLE FOR PRIMARY EXPENSES. The state

is not liable for the failure of a political party to pay

expenses the party incurs in holding a primary election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.003. EXPENSES INCURRED BY COUNTY. Except as otherwise

provided by law, the county shall pay all the expenses incurred

in connection with early voting in a primary election, except

expenses relating to the printing of early voting ballots, and

any other expenses incurred by a county authority in connection

with a primary election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 472, Sec. 45, eff. Sept. 1, 1987;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.65; Acts 1991, 72nd Leg.,

ch. 554, Sec. 36, eff. Sept. 1, 1991.

Sec. 173.004. STATE COMPENSATION OF COUNTY CHAIR AND SECRETARY

OF COUNTY EXECUTIVE COMMITTEE. (a) The total amount paid with

state funds in a particular primary election year for the

combined compensation of a county chair and the secretary, if

any, of the county executive committee presided over by the chair

may not be:

(1) less than $300; or

(2) more than the lesser of

(A) $8,000; or

(B) five percent of the total expenses incurred by the political

party in holding primary elections in the county that year,

exclusive of the combined annual compensation of the county chair

and secretary.

(b) The status of a county executive committee's secretary as a

committee member does not affect the applicability of this

section.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 155, eff. Sept. 1, 1997.

Sec. 173.005. STATE COMPENSATION FOR TRAINING ELECTION JUDGES.

The maximum hourly rate payable with state funds in a particular

primary election year to election judges serving in a primary

election for attending training programs is the same as the

maximum rate prescribed by this code for compensation for

attending a training program for election judges appointed to

serve in elections ordered by the governor or a county authority.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 2003, 78th Leg., ch. 1316, Sec. 38, 44, eff. Sept. 1,

2003.

Sec. 173.006. AUTHORITY TO REDUCE PRIMARY COSTS. The secretary

of state may adopt rules consistent with this code that reduce

the cost of primary elections or facilitate the holding of

primary elections within the amount appropriated by the

legislature for that purpose.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.007. LIMITING STATE COMPENSATION FOR POLLING PLACES.

(a) The secretary of state may limit the number of primary

election polling places for which operating expenses are payable

with state funds.

(b) Rules adopted under this section must provide for state

compensation for a sufficient number of polling places in each

county to adequately serve its voters, taking into account the

area, geographic features, estimated voter turnout, and other

relevant factors, but in no case may state compensation be

limited to fewer than one polling place for each commissioners

precinct.

(c) Rules adopted under this section do not limit a political

party's authority under this code to consolidate election

precincts for a primary election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.008. LIMITING STATE COMPENSATION FOR ELECTION

PERSONNEL. (a) The secretary of state may limit the number of

election clerks in a primary election whose service is payable

with state funds.

(b) The secretary of state may limit the total state

compensation payable to persons employed to assist a county chair

in connection with a primary election.

(c) Rules adopted under this section must provide for state

compensation for sufficient personnel to properly hold the

primary, taking into account the number of registered voters,

number of votes cast in previous primary elections, method of

voting, and other relevant factors, but in no case may state

compensation be limited to fewer than two clerks for each

election precinct.

(d) State funds may be paid in excess of the limits prescribed

under this section if the secretary of state determines good

cause exists for the additional state compensation.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 156, eff. Sept. 1, 1997.

Sec. 173.009. DEADLINE FOR ADOPTING RULES. A rule adopted by

the secretary of state under this subchapter does not apply to a

primary election held less than 45 days after the date the rule

is adopted.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.010. FURNISHING RULES. During November preceding each

primary election year, the secretary of state shall deliver to

the state chair and each county chair of each political party

holding a primary election a current set of the rules adopted

under this subchapter. If a rule or amendment of a rule is

adopted after delivery of the set, the secretary shall deliver a

copy of the rule or amendment not later than the 10th day after

the date of its adoption.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 20, eff. Sept. 1,

1987; Acts 1997, 75th Leg., ch. 864, Sec. 157, eff. Sept. 1,

1997.

Sec. 173.011. FINANCING OF JOINT PRIMARY ELECTIONS GENERALLY.

(a) This section applies to the financing of joint primary

elections notwithstanding and in addition to other applicable

provisions of this code.

(b) Any surplus remaining in a county primary fund shall be

remitted to the secretary of state immediately after the final

payment from the fund of the necessary expenses for holding the

primary elections for that year, but not later than July 1

following the applicable primary election. The surplus in the

primary fund shall be remitted regardless of whether state funds

were requested by the chair.

(c) The secretary of state shall adopt rules, consistent with

this chapter to the extent practicable, that are necessary for

the fair and efficient financing of joint primary elections.

Added by Acts 1997, 75th Leg., ch. 1349, Sec. 63, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 39, eff.

Sept. 1, 2003.

SUBCHAPTER B. PRIMARY FUND

Sec. 173.031. COUNTY PRIMARY FUND. (a) A county primary fund

is created for each county executive committee of a political

party holding a primary election.

(b) The county primary fund consists of:

(1) the filing fees required to be deposited in the fund under

Subchapter C;

(2) the state funds paid to the county chair under Subchapter D;

(3) the contributions to the county executive committee for the

purpose of defraying primary election expenses; and

(4) the income earned by the fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 158, eff. Sept. 1, 1997.

Sec. 173.032. STATE PRIMARY FUND. (a) A state primary fund is

created for the state executive committee of each political party

holding a primary election.

(b) The state primary fund consists of:

(1) the filing fees required to be deposited in the fund under

Subchapter C;

(2) the state funds paid to the state chair under Subchapter D;

(3) the contributions to the state executive committee for the

purpose of defraying primary election expenses; and

(4) the income earned by the fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 159, eff. Sept. 1, 1997.

Sec. 173.033. USE OF PRIMARY FUND. (a) The county primary fund

shall be used to pay expenses incurred by the county chair or

county executive committee in connection with a primary election.

(b) The state primary fund shall be used to pay expenses

incurred by the state chair or state executive committee in

connection with a primary election.

(c) A primary fund may not be used for any other purpose.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 160, eff. Sept. 1, 1997.

Sec. 173.034. MANAGING PRIMARY FUND. (a) The county executive

committee shall manage the county primary fund.

(b) The state executive committee shall manage the state primary

fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 173.035. AUDIT BY SECRETARY OF STATE. (a) The secretary

of state may have a primary fund audited at any time.

(b) The expenses of an audit under this section shall be paid

from funds appropriated for the administration of primary

elections.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Renumbered from Election Code Sec. 173.036 and amended by Acts

1987, 70th Leg., ch. 54, Sec. 12(d), eff. Sept. 1, 1987.

Sec. 173.036. STATE FUNDS FOR AUDIT REQUESTED BY PARTY. (a)

The secretary of state may approve an expenditure of state funds

for an audit of the state primary fund on request of the state

chair or a county primary fund on request of a county chair.

(b) On receipt of written certification of the amount approved

by the secretary of state for an audit, the comptroller of public

accounts shall issue a warrant for that amount payable to the

state or county chair making the request.

(c) An audit conducted with state funds approved under this

section is subject to the conditions imposed by the secretary of

state.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Renumbered from Election Code Sec. 173.037 and amended by Acts

1987, 70th Leg., ch. 54, Sec. 12(d), eff. Sept. 1, 1987. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 161, eff. Sept. 1, 1997.

SUBCHAPTER C. DISPOSITION OF FILING FEES

Sec. 173.061. FEE PAID TO COUNTY CHAIR. The county chair shall

deposit in the county primary fund each filing fee accompanying

an application for a place on the ballot filed with the county

chair.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 162, eff. Sept. 1, 1997.

Sec. 173.062. FEE PAID TO STATE CHAIR ALLOCATED AMONG COUNTY

COMMITTEES. (a) The state chair shall allocate the filing fee

for a district office accompanying an application for a place on

the ballot filed with the state chair during the regular filing

period among the county executive committees serving the counties

comprising the district.

(b) Each committee's allocation is equal to the quotient

obtained by dividing the amount of the filing fee by the number

of counties wholly or partly in the district.

(c) The state chair shall deliver each committee's allocation to

the county chair not later than the 10th day after the date of

the regular filing deadline.

(d) On receipt of the allocation, the county chair shall deposit

it in the county primary fund.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 163, eff. Sept. 1, 1997.

Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair

shall deposit in the state primary fund each filing fee

accompanying an application for a place on the ballot filed with

the state chair:

(1) for a statewide office; or

(2) for a district office if the application is filed after the

regular filing deadline.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 164, eff. Sept. 1, 1997.

Sec. 173.064. REPORT OF FEES BY STATE CHAIR. (a) The state

chair shall prepare a report of the filing fees accompanying

applications for a place on the ballot filed with the state chair

during the regular filing period.

(b) The report must include, for each office for which an

application is filed, the total number of applications and the

total amount of filing fees paid.

(c) The state chair shall deliver the report to the secretary of

state not later than the 10th day after the date of the regular

filing deadline.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 165, eff. Sept. 1, 1997.

SUBCHAPTER D. STATE FINANCING

Sec. 173.081. STATEMENT OF ESTIMATED PRIMARY EXPENSES. (a)

Regardless of whether state funds are requested for paying

primary expenses, a written statement of estimated expenses to be

incurred in connection with a primary election shall be submitted

to the secretary of state by:

(1) the county chair, for expenses of the county chair or county

executive committee; or

(2) the state chair, for expenses of the state chair or state

executive committee.

(b) The statement must:

(1) contain an itemized estimate, prepared by the authority

submitting the statement, of the primary expenses to be incurred

and a statement by the authority of whether state funds are

requested; and

(2) be sworn to by the authority submitting the statement.

(c) A statement for a general primary election must also:

(1) state the amount of:

(A) the primary candidates' filing fees required to be deposited

in the county primary fund if the statement is submitted by a

county chair, or in the state primary fund if the statement is

submitted by the state chair, that have been received by the

authority submitting the statement; and

(B) the contributions to the county executive committee if the

statement is submitted by a county chair, or to the state

executive committee if the statement is submitted by the state

chair, that:

(i) are for the purpose of defraying primary election expenses;

and

(ii) have not been included in a report filed under Section

173.084 for a previous primary election year; and

(2) be submitted not later than the 45th day before general

primary election day.

(d) The information required by Subsection (c)(1) must be

current as of the 10th day after the date of the regular filing

deadline for a candidate's application for a place on the primary

ballot.

(e) A statement for a runoff primary election must be submitted

not later than the 10th day after general primary election day.

(f) A statement submitted by a county chair must also include a

notice of the county election precincts to be consolidated for

the election, if any.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(e), eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 114, Sec. 14, eff. Sept. 1, 1989; Acts

1997, 75th Leg., ch. 864, Sec. 166, eff. Sept. 1, 1997.

Sec. 173.082. REVIEW OF STATEMENT; APPROVAL; NOTICE. (a) On

receipt of a statement of estimated primary election expenses,

the secretary of state shall review the statement to determine

which items of estimated expense and the amounts of those items

to approve.

(b) The secretary of state shall approve an item of estimated

expense if the secretary determines that it is reasonably

necessary for the proper holding of the primary election. If the

secretary determines that the entire estimated amount of the item

is not reasonably necessary, the secretary shall approve the item

in the reduced amount that the secretary determines is

appropriate.

(c) The secretary of state shall promptly notify the authority

submitting the statement of each item of estimated expense not

approved or approved in a reduced amount.

(d) An item or part of an item of estimated primary election

expense that is not approved by the secretary of state may not be

paid with primary funds.

(e) Expenses incurred in connection with an application for a

place on the ballot for the office of precinct chair filed before

the 30th day before the date of the regular filing deadline may

not be paid with state funds.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(e), eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 864, Sec. 167, eff. Sept. 1, 1997.

Sec. 173.083. STATE PAYMENT OF ESTIMATED PRIMARY EXPENSES. (a)

The amount of estimated primary election expenses payable with

state funds under this section is equal to:

(1) for a general primary election, the difference obtained by

subtracting the sum of the filing fees and contributions reported

in the statement of estimated primary election expenses from the

total amount of estimated general primary expenses approved by

the secretary of state under Section 173.082; and

(2) for a runoff primary election, the total amount of estimated

runoff primary expenses approved by the secretary.

(b) State payment of the estimated primary election expenses

shall be made in installments as follows:

(1) the initial installment for the expenses of a general

primary is equal to three-fourths, or three-fifths if the

secretary of state determines that figure to be more efficient,

of the amount of estimated general primary expenses payable with

state funds;

(2) the initial installment for the expenses of a runoff primary

is equal to three-fourths, or three-fifths if the secretary of

state determines that figure to be more efficient, of the amount

of estimated runoff primary expenses payable with state funds;

and

(3) the final installment is equal to the difference obtained by

subtracting the total of the installments paid under Subdivisions

(1) and (2) from the total of the actual general and runoff

primary election expenses payable with state funds.

(c) After determining the amount of estimated primary expenses

to approve under Section 173.082 for a general or runoff primary,

the secretary of state shall calculate the amount of the

installment payable under Subsection (b)(1) or (2), as

applicable. The secretary shall then prepare and deliver to the

comptroller of public accounts a certified statement indicating

the amount of the installment, the total amount of estimated

general or runoff primary expenses payable with state funds, and

the name of the county or state chair who submitted the statement

of estimated primary election expenses.

(d) The final installment may not be paid until a report is

filed in compliance with Section 173.084 and, in the case of a

county chair, a report is also filed in compliance with Section

172.124. On the filing of the report, the secretary of state

shall calculate the amount of the final installment and prepare

and deliver to the comptroller of public accounts a certified

statement indicating that amount and the appropriate county or

state chair's name.

(e) On receipt of a certified statement under Subsection (c) or

(d), the comptroller of public accounts shall issue a warrant in

the certified amount of the installment payable to the county or

state chair identified by the statement.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(f), eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 114, Sec. 15, eff. Sept. 1, 1989; Acts

1997, 75th Leg., ch. 864, Sec. 168, eff. Sept. 1, 1997.

Sec. 173.0831. STATE PAYMENT OF START-UP PRIMARY FUNDS. (a)

Not later than the 30th day before the beginning date of the

regular filing period for public offices in the general primary

election, a county chair may submit to the secretary of state a

written statement of estimated primary election expenses.

(b) Not later than the 10th day after the date the statement is

received, the secretary of state shall have disbursed to the

county chair start-up funds in an amount equal to 10 percent of

the amount approved for and expended by the county chair and

executive committee in the preceding general primary election.

Added by Acts 1993, 73rd Leg., ch. 728, Sec. 68, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 169, eff.

Sept. 1, 1997.

Sec. 173.084. EXPENSE REPORT BY PARTY. (a) Regardless of

whether state funds are requested for paying primary expenses,

each county chair and state chair shall prepare a report that

includes:

(1) an itemized list of the actual expenses incurred in

connection with the general and runoff primaries by the authority

preparing the report and by the executive committee over which

the authority presides;

(2) the amount of the primary candidates' filing fees required

to be deposited in the county primary fund if the report is by a

county chair, or in the state primary fund if the report is by

the state chair;

(3) the amount of filing fees that have been refunded;

(4) the amount of the contributions to the executive committee

over which the authority preparing the report presides that:

(A) are for the purpose of defraying primary election expenses;

and

(B) have not been included in a report filed under this section

for a previous primary election year; and

(5) the balance in the county primary fund if the report is by a

county chair, or in the state primary fund if the report is by

the state chair, that remains after deducting the primary

election expenses actually incurred and the refunded filing fees.

(b) The authority preparing the report shall file it with the

secretary of state not later than the 30th day after runoff

primary election day or not later than the 30th day after general

primary election day if no runoff primary is held in the county,

in the case of the county chair's report, or if no runoff primary

is held for a statewide or district office, in the case of the

state chair's report. The secretary for good cause may extend the

filing deadline.

(c) The report must be sworn to by the authority preparing it.

(d) Any compensation claimed under Section 173.004 may be

forfeited on the failure of a county chair to file a timely

report.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(g), eff. Sept. 1, 1987;

Acts 1993, 73rd Leg., ch. 728, Sec. 69, eff. Sept. 1, 1993; Acts

1997, 75th Leg., ch. 864, Sec. 170, eff. Sept. 1, 1997.

Sec. 173.085. STATE PAYMENT OF EXCESS PRIMARY EXPENSES. (a) If

the actual expenditure for an item of primary election expense

exceeds the amount estimated for the item in the statement of

estimated primary election expenses, the excess expense is

payable with state funds as provided by this section.

(b) To obtain state compensation for an excess expense, the

county chair or state chair, as applicable, must include in the

report required by Section 173.084:

(1) an identification of the item for which the excess expense

was incurred;

(2) the amount of the excess; and

(3) an explanation of the reason for exceeding the estimate.

(c) The secretary of state shall approve the payment of the

excess expense with state funds if the secretary determines that

payment is justified by good cause. If the secretary determines

that payment of the entire excess expense is not justified by

good cause, the secretary shall approve the excess expense in the

reduced amount that the secretary determines is appropriate.

(d) The secretary of state shall promptly notify the authority

filing the report of each item of excess expense not approved or

approved in a reduced amount.

(e) An item of excess primary election expense that is not

approved by the secretary of state, or that part of an item that

is not approved, may not be paid with state funds.

(f) If the secretary of state approves an excess expense, the

secretary shall include the approved amount in the certified

statement prepared under Section 173.083(d).

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(h), eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 864, Sec. 171, eff. Sept. 1, 1997.

Sec. 173.0851. DISPOSITION OF SURPLUS IN PRIMARY FUND. (a) Any

surplus remaining in a primary fund shall be remitted to the

secretary of state immediately after the final payment from the

fund of the necessary expenses for holding the primary elections

for that year, but not later than July 1 following the applicable

primary election. The surplus in a primary fund shall be remitted

regardless of whether state funds were requested by the chair.

(b) Any surplus primary funds received by the secretary of state

under this section shall be deposited in the state treasury and

may be used only for the financing of primary elections.

Added by Acts 1987, 70th Leg., ch. 54, Sec. 12(i), eff. Sept. 1,

1987. Amended by Acts 1987, 70th Leg., ch. 472, Sec. 46, eff.

Sept. 1, 1987; Acts 1997, 75th Leg., ch. 864, Sec. 172, eff.

Sept. 1, 1997.

Sec. 173.086. CHALLENGE OF DISBURSEMENT OF STATE FUNDS. (a)

The authority who submitted a statement of estimated primary

election expenses under this subchapter may challenge in a

district court in Travis County the amount of state funds

approved by the secretary of state for disbursement.

(b) A petition stating the ground of the challenge must be filed

with the court not later than the 20th day after the earlier of:

(1) the date of receipt of the secretary of state's notice of

disapproval or approval in a reduced amount of a primary election

expense involved in the challenge; or

(2) the date of receipt of the comptroller's warrant for payment

of a primary election expense involved in the challenge.

(c) If the court determines the challenged amount is less than

the amount to which the petitioner is entitled by law, the court

shall order payment in the proper amount.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(j), eff. Sept. 1, 1987.

Sec. 173.087. LIABILITY OF COUNTY CHAIR AND COUNTY EXECUTIVE

COMMITTEE. The county executive committee is not liable for the

debts incurred by the committee or the county chair in connection

with a primary election that are unpaid because the legislative

appropriation is insufficient. The county chair or any other

member of the county executive committee is not personally liable

for those debts.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 173, eff. Sept. 1, 1997.

Sec. 173.088. AVAILABILITY OF GUIDELINES. The secretary of

state shall make available to each county and state chair, for

use in preparing statements and reports under this chapter, any

guidelines the secretary prescribes for determining the necessity

of primary election expenses.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 12(k), eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 864, Sec. 174, eff. Sept. 1, 1997.