CHAPTER 31. OFFICERS TO ADMINISTER ELECTIONS

State Codes and Statutes

Statutes > Texas > Election-code > Title-3-election-officers-and-observers > Chapter-31-officers-to-administer-elections

ELECTION CODE

TITLE 3. ELECTION OFFICERS AND OBSERVERS

SUBCHAPTER A. SECRETARY OF STATE

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 14, eff. Sept. 1, 1997.

Sec. 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.

(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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1995, 74th Leg., ch. 797, Sec. 34, eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 1349, Sec. 6, eff. Sept. 1, 1997; Acts

1999, 76th Leg., ch. 62, Sec. 5.08, eff. Sept. 1, 1999.

Sec. 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,

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, Sec. 3, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(25),

eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.09, eff. September 1, 2005.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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 included in the notice of voters'

rights publicized under Section 62.0115.

Added by Acts 2001, 77th Leg., ch. 556, Sec. 1, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

510, Sec. 1, eff. September 1, 2005.

Sec. 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, Sec. 4, eff. Sept. 1,

1993.

Sec. 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.

section as necessary.

Added by Acts 1995, 74th Leg., ch. 797, Sec. 35, eff. Sept. 1,

1995.

Sec. 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, Sec. 1, eff. June 20,

1997.

Sec. 31.009. DISTRIBUTION OF CERTAIN 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, or state funds are made available to reimburse

political subdivisions for expenses incurred in conducting a

special election that is held statewide, 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, Sec. 1, eff. June 11,

2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1182, Sec. 1(a), eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1182, Sec. 1(b), eff. June 15, 2007.

Sec. 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.

Added by Acts 2003, 78th Leg., ch. 1315, Sec. 13, eff. Sept. 1,

2003.

Sec. 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.

Government Code.

Added by Acts 2003, 78th Leg., ch. 1315, Sec. 13, eff. Sept. 1,

2003.

SUBCHAPTER B. COUNTY ELECTIONS ADMINISTRATOR

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 15, eff. Sept. 1, 1997.

Sec. 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.

on any matter that is put to a vote.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 16, eff. Sept. 1, 1997.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 17, eff. Sept. 1, 1997.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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) Repealed by Acts 2005, 79th Leg., Ch. 1272, Sec. 1, eff.

June 18, 2005.

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) Except as provided by Subsection (g), 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.

(g) Section 31.035(b) does not apply to a person employed on a

full-time basis by the administrator's office in a county with a

population of one million or less that has an election

administrator.

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

by Acts 1999, 76th Leg., ch. 536, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1272, Sec. 1, eff. June 18, 2005.

Acts 2009, 81st Leg., R.S., Ch.

448, Sec. 1, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 18, eff. Sept. 1, 1997.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1,

1995.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 19, eff. Sept. 1, 1997.

SUBCHAPTER C. TRANSFER OF ELECTION DUTIES TO COUNTY TAX

ASSESSOR-COLLECTOR

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986.

SUBCHAPTER D. CONTRACT FOR ELECTION SERVICES

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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.

commissioners court for approval.

(d) In a contract authorized by Subsection (b), the county

election officer may not prevent the county chair or the chair's

designee from supervising the conduct of the primary election,

including the tabulation of results, as required by Chapter 172.

(e) If a county election officer enters into a contract with a

county executive committee under Subsection (b) to perform

election services, the officer must offer to contract on the same

terms with the county executive committee of each political party

holding a primary election in the county.

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

Amended by:

Acts 2005, 79th Leg., Ch.

1076, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1091, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.10, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(20), eff. September 1, 2007.

Sec. 31.0925. REQUEST FOR SERVICES REQUIRED. (a) This section

applies only to a political subdivision:

(1) that is located entirely in a county:

(A) with a population of more than 500,000 that is served by a

county elections administrator; and

(B) that does not contain a municipality with a population of

more than 150,000; and

(2) that is not an irrigation district created under the

authority of Section 52(b)(1) or (2), Article III, or Section 59,

Article XVI, Texas Constitution.

(b) The governing body of a political subdivision shall request

an election services contract with the county elections

administrator to perform all duties and functions of the

political subdivision in relation to an election that may be

transferred under this subchapter if the political subdivision

receives a petition requesting the contract signed by a number of

registered voters residing in the political subdivision that is

equal to or exceeds one percent of all votes cast in the most

recent general election held by the political subdivision.

of the political subdivision before January 1 of the year in

which the election to be administered under the requested

election services contract will be held.

Added by Acts 2009, 81st Leg., R.S., Ch.

802, Sec. 1, eff. June 19, 2009.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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;

(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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.36; Acts 1991, 72nd

Leg., ch. 554, Sec. 7, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,

ch. 864, Sec. 20, eff. Sept. 1, 1997.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 622, Sec. 1, eff. Sept. 1, 1991;

Acts 1997, 75th Leg., ch. 1349, Sec. 7, eff. Sept. 1, 1997.

SUBCHAPTER E. MISCELLANEOUS PROVISIONS

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 728, Sec. 5, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 1219, Sec. 2, eff. June 20, 1997.

Sec. 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.

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, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 21, eff. Sept. 1, 1997.

SUBCHAPTER F. JOINT ELECTIONS ADMINISTRATOR

Sec. 31.151. DEFINITION. In this subchapter, "participating

entity" means a political subdivision for whom the joint

elections administrator conducts elections under this subchapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.152. CREATION OF POSITION. (a) A political subdivision

seeking to create the position of joint elections administrator

shall send notice requesting creation of that position to:

(1) if the political subdivision seeking creation is a county:

(A) at least one political subdivision located wholly or partly

in the county; or

(B) at least one adjacent county; or

(2) if the political subdivision seeking creation is not a

county, the commissioners court of a county in which the

political subdivision is wholly or partly located.

(b) Notice under Subsection (a)(2) may also be sent to any other

political subdivision wholly or partly located in the same

county.

provide a copy of the notice to any political subdivision wholly

or partly located in that county.

(d) The position of joint elections administrator is created for

a single county if the commissioners court of a county and the

governing body of one or more political subdivisions located in

that county separately adopt a written order creating the

position in the manner in which that body approves orders.

(e) The position of joint elections administrator is created for

multiple counties if the commissioners courts of two or more

adjacent counties and, if applicable, the governing body of one

or more political subdivisions located in either county

separately adopt a written order creating the position in the

manner in which that body approves orders. A political

subdivision may not adopt a written order creating the position

of joint elections administrator unless a county in which the

political subdivision is wholly or partly located adopts a

written order creating the position.

(f) An order adopted under Subsection (d) or (e) must state the

date the creation of the position of joint elections

administrator is effective. The effective date may not be later

than 12 months after the date the required orders are adopted.

(g) To facilitate the orderly transfer of duties on the

effective date, the order may authorize the employment of the

joint elections 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 county clerk of the

most populous county sharing the joint elections administrator.

(h) Not later than the third day after the date the order is

adopted, the chair of the joint elections commission shall

deliver a certified copy of the order to:

(1) the secretary of state;

(2) the comptroller;

(3) each member of the county election commission, if any; and

(4) a representative from each participating entity.

(i) A political subdivision located in more than one county may

not create a joint elections administrator with more than one

county if the counties do not share a joint elections

administrator.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.153. JOINT ELECTIONS COMMISSION. (a) The joint

elections commission consists of:

(1) from each county that has adopted an order to have its

elections conducted by the joint elections administrator, the

county judge, county clerk, and county tax assessor-collector;

(2) from each county described in Subdivision (1), 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; and

(3) a representative from each participating entity other than a

county.

(b) The members of the joint elections commission shall annually

designate:

(1) a chair, who must be a county judge;

(2) a vice chair, who must be a county clerk; and

(3) a secretary, who must be a county tax assessor-collector.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.154. APPOINTMENT OF JOINT ELECTIONS ADMINISTRATOR. (a)

The position of joint elections administrator is filled by

appointment of the joint elections commission.

(b) To be appointed, a joint elections administrator must

receive the affirmative vote of a majority of the joint elections

commission's membership. Each member voting in favor of the

appointment must sign the resolution or order appointing the

administrator.

elections administrator is appointed, the officer who presided at

the meeting shall file a signed copy of the resolution or order

with the secretary of the joint elections commission. Not later

than the third day after the date the copy is filed, the

secretary of the commission 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.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.155. COMMISSION MEETINGS. (a) The joint elections

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 joint elections commission member

not later than the fourth day before the meeting date.

on any matter that is put to a vote.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.156. ELIGIBILITY. To be eligible for appointment as

joint elections administrator, a person must be a qualified voter

of this state.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.157. RESIGNATION. The joint elections commission is the

proper authority to receive and act on a resignation from the

position of joint elections administrator.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.158. TERMINATION OF EMPLOYMENT. The employment of the

joint elections administrator may be terminated at any time for

good and sufficient cause on:

(1) the vote of not less than four-fifths of the members of the

joint elections commission; and

(2) the approval of that action by a majority vote of the

governing bodies of a majority of the participating entities.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.159. FILLING VACANCY. (a) A vacancy in the position of

joint elections administrator is filled by appointment of the

joint elections 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.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.160. SALARY; STAFF; OPERATING EXPENSES. (a) The joint

elections commission shall set the number of deputies and other

persons that the joint elections administrator may employ.

(b) The joint elections commission may allow the automobile

expense that it considers necessary to the joint elections

administrator and to any of the administrator's employees in the

performance of their official duties.

elections administrator with suitable office space and with the

equipment and operating expenses needed for the proper conduct of

the office.

(d) The participating entities shall share the cost of the

operating expenses of the joint elections administrator's office,

as determined by the participating entities. The total amount

initially appropriated by the governing bodies of the

participating entities for the operating expenses of the

administrator's office may not be less than the total amount last

appropriated to the least populous participating county's county

clerk and county tax assessor-collector for the functions

assigned to the administrator.

(e) The joint elections administrator for a county with a

population of one million or more that has an elections

administrator is subject to Section 31.035 in the same manner as

a county elections administrator. A person employed on a

full-time basis by the joint elections administrator's office for

that county is subject to Section 31.035 in the same manner as

the joint elections administrator.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.161. BOND. (a) Before assuming the duties of a joint

elections administrator, the person appointed to the position

must give a bond that is in an amount set by the joint elections

commission, not to exceed $20,000, payable to the commission

chair, approved by the commission, and conditioned on the

faithful performance of the duties of the position.

(b) The joint elections commission or the joint elections

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.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.162. SEAL. The joint elections administrator shall have

an official seal, on which shall be inscribed a star with five

points surrounded by the words "Joint Elections Administrator,

____________ County, Texas", for use in certifying documents

required to be impressed with the seal of the certifying officer.

The seal must include the name of each participating county.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.163. TRANSFER OF RECORDS. As soon as practicable after

the effective date of the creation of the position of joint

elections administrator, the officer formerly serving as the

voter registrar shall transfer to the administrator all records

pertaining to voter registration, and the officers of the

participating entities 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 joint elections commission shall determine which records of

prior elections are to be transferred to the administrator and

which are to remain with the officer.

Added by Acts 2007, 80th Leg., R.S., Ch.

148, Sec. 1, eff. September 1, 2007.

Sec. 31.164. DUTIES OF ADMINISTRATOR GENERALLY. (a) The joint

elections administrator shall perform:

(1) the duties and functions of the voter registrar, except as

provided by Subsection (b);

(2) the duties and functions relating to elections placed by

this code on an officer of a participating entity formerly

required to conduct elections;

(3) the duties and functions relating to elections placed by

statutes outside this code on an officer of a participating

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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