CHAPTER 31. OFFICERS TO ADMINISTER ELECTIONS
ELECTION CODE
TITLE 3. ELECTION OFFICERS AND OBSERVERS
CHAPTER 31. OFFICERS TO ADMINISTER ELECTIONS
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.
(c) The samples of forms shall be furnished without charge.
(d) An authority having administrative duties under this code
shall use an official form in performing the administrative
functions, except in an emergency in which an official form is
unavailable or as otherwise provided by this code. Other persons
are not required to use an official form unless expressly
required to do so by this code.
Acts 1985, 69th Leg., ch. 211, 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.
(c) The secretary of state may adopt rules to implement this
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.
(c) The fund is exempt from the application of Section 403.095,
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.
(c) To facilitate the orderly transfer of duties on the
effective date, the order may authorize the commissioners court
to employ the administrator-designate not earlier than the 90th
day before the effective date of the creation of the position, at
a salary not to exceed that to be paid to the administrator.
(d) Not later than the third day after the date the order is
adopted, the county clerk shall deliver a certified copy of the
order to:
(1) the secretary of state;
(2) the comptroller of public accounts; and
(3) each member of the county election commission.
Acts 1985, 69th Leg., ch. 211, 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.
(c) Each appointment must be evidenced by a written resolution
or order signed by the number of commission members necessary to
make the appointment. Not later than the third day after the date
an administrator is appointed, the officer who presided at the
meeting shall file a signed copy of the resolution or order with
the county clerk. Not later than the third day after the date the
copy is filed, the county clerk shall deliver a certified copy of
the resolution or order to the secretary of state.
(d) The initial appointment may be made at any time after the
adoption of the order creating the position.
Acts 1985, 69th Leg., ch. 211, 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.
(c) Each member who is present at a meeting is entitled to vote
on any matter that is put to a vote.
Acts 1985, 69th Leg., ch. 211, 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.
(c) In this section, "candidate" means a person who has taken
affirmative action, as described by the law regulating political
funds and campaigns, for the purpose of gaining nomination or
election.
Acts 1985, 69th Leg., ch. 211, 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.
(c) The commissioners court may allow the automobile expense
that it considers necessary to the administrator and to any of
the administrator's employees in the performance of their
official duties.
(d) The commissioners court shall provide the administrator with
suitable office space and with the equipment and operating
expenses needed for the proper conduct of the office.
(e) The amount initially appropriated by the commissioners court
for the operating expenses of the administrator's office may not
be less than the total amount last appropriated to the county
clerk and the county tax assessor-collector for the functions
assigned to the administrator.
(f) 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.
(c) In an election on a measure in which the commissioners court
is the final canvassing authority, if a statute requires the
county clerk to record an order of the court in its minutes
declaring whether the measure carried or failed, the county clerk
shall perform that duty. A copy of the order shall also be filed
in the office of the administrator. If a statute requires the
county clerk to certify the result of the election to some other
authority, the clerk shall perform that duty.
(d) If a statute provides for the ordering of an election on a
measure by the commissioners court, the county judge, or another
county authority on submission of a petition requesting the
election, the administrator shall perform the duties that the
statute places on the county clerk in connection with filing the
petition, determining its validity, and any other matters
preceding the ordering of the election.
(e) If a statute prescribing the procedure for creating a
political subdivision provides for the ordering of an election by
a county authority as a step in the creation process, the
administrator shall perform the duties that the statute places on
the county clerk in connection with matters preceding the entry
of the order on whether the election will be ordered, including
the filing of a petition for the creation, the holding of any
hearing on the proposal, the filing of any report or other
document that is a step in the procedure, and the taking of any
appeal from the order on whether the election is to be ordered.
If the holding of an election ordered by a county authority is
not one of the steps in the creation process, the county clerk
shall perform the duties placed on that officer in connection
with the creation of a political subdivision.
(f) If a statute provides that the return of an election notice
for an election ordered by a county authority is to be recorded
in the minutes of the commissioners court, the return shall be
filed in the office of the administrator.
(g) The county clerk is the proper officer to receive and post
copies of proposed constitutional amendments under Article XVII,
Section 1, of the Texas Constitution. However, the secretary of
state shall also send a copy of each proposed amendment to the
administrator for the administrator's information.
Acts 1985, 69th Leg., ch. 211, 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.
(c) The secretary shall deliver a copy of each rule proposed
under this section to the administrator and to the county clerk
of each county having the position of administrator not later
than the fifth day after the date notice of the proposal is
published in the Texas Register and shall deliver a copy of each
adopted rule to those persons not later than the fifth day after
the date the certified copy of the rule is filed in the
secretary's office. Failure to comply with this subsection does
not affect the validity of a rule.
(d) On receiving notice of the creation of the position of
administrator in a county, the secretary shall deliver to the
county clerk a current set of the rules adopted under this
section. On receiving notice of the initial appointment of the
administrator, the secretary shall deliver a set of the rules to
the administrator.
(e) The secretary may, on 30 days' notice, adopt a rule
classifying a duty or function if the rule is needed in a shorter
time than provided by the regular rulemaking process. The rule is
considered an emergency rule for purposes of Chapter 2001,
Government Code. The secretary is not required to give notice of
the proposed rule under Subsection (c), but the secretary must
give notice of the rule's adoption under that subsection.
Acts 1985, 69th Leg., ch. 211, 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.
(c) If a statute specifies that a document is to be filed with
or submitted to the county clerk without specifying that the
filing or submission is to be made with the county elections
administrator in a county having that position and the office to
accept the filing or submission is changed to the administrator
under this subchapter, a filing or submission made with the
county clerk has the same legal effect as if made with the
administrator if the clerk accepts and files the document.
Acts 1985, 69th Leg., ch. 211, 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.
(c) Not later than the third day after the date an order
abolishing the position of administrator is adopted, the county
clerk shall deliver a certified copy of the order to the
secretary of state and comptroller of public accounts.
Acts 1985, 69th Leg., ch. 211, 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.
(c) Not later than the third day after the date the order is
adopted, the county clerk shall deliver a certified copy of the
order to the secretary of state and comptroller of public
accounts.
Acts 1985, 69th Leg., ch. 211, 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.
(c) On the effective date of the rescission, the county clerk
shall perform the duties and functions previously transferred to
the county tax assessor-collector unless the position of county
elections administrator is created.
Acts 1985, 69th Leg., ch. 211, 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.
(c) An election services contract need not be submitted to the
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.
(c) A petition under this section must be submitted to the clerk
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;
or
(3) the authority to serve as custodian of voted ballots or
other election records, except that a contract with a political
subdivision other than a city may provide that the county
election officer will be the custodian of voted ballots.
Acts 1985, 69th Leg., ch. 211, 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.
(c) A permanent deputy of the county election officer is not
subject to the eligibility requirements of this subsection. For a
temporary deputy of the officer to be eligible for appointment as
a deputy early voting clerk, the deputy must have the
qualifications for appointment as a presiding election judge
except that:
(1) an appointee is not required to be a qualified voter of any
particular territory other than the county served by the county
election officer or the political subdivision in which the
election is held; and
(2) if an employee of the contracting political subdivision is
appointed, the appointee's status as an employee does not
disqualify the appointee from serving in an election in which an
officer of the political subdivision is a candidate.
Acts 1985, 69th Leg., ch. 211, 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.
(c) If a contract provides that the county election officer is
to pay the expenses, the contracting authority is not liable for
the officer's failure to pay a claim.
Acts 1985, 69th Leg., ch. 211, 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.
(c) An election services contract must include an itemized list
of estimated election expenses. If the estimated expenses, not
including the fee charged under Subsection (d), exceed the actual
expenses, the amount of the difference shall be refunded to the
contracting authority.
(d) The county election officer may not be personally
compensated for election services performed under an election
services contract. A fee charged by the officer for general
supervision of the election may not exceed 10 percent of the
total amount of the contract, but may not be less than $75.
(e) Salaries of personnel regularly employed by the county
election officer shall be paid from funds regularly budgeted and
appropriated for that purpose, except that those employees may be
paid from the election services contract fund for contractual
duties performed outside of normal business hours. Salaries and
wages paid to persons temporarily employed to perform duties
under an election services contract shall be paid out of the
election services contract fund. The amount paid from the fund
may not exceed the normal rate of pay in that locality for the
same or similar services.
(f) A surplus in the election services contract fund may be used
only to defray expenses of the county election officer's office
in connection with election-related duties or functions. The
secretary of state shall prescribe regulations for the use of any
surplus in a fund.
(g) The commissioners court may not consider the availability of
the election services contract fund in adopting the county budget
for the office of the county election officer.
Acts 1985, 69th Leg., ch. 211, 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.
(c) The agent shall maintain in the agent's office the
documents, records, and other papers relating to the election
that:
(1) by law are placed in the custody of the authority appointing
the agent; and
(2) are public information.
(d) The agent shall:
(1) receive any personally delivered document relating to the
election that the appointing authority is authorized or required
to receive; and
(2) make available for inspection and copying, in accordance
with applicable regulations, the documents, records, and other
papers that are required to be maintained in the agent's office
under Subsection (c).
(e) The appointing authority may authorize the agent to perform
any other ministerial duties in connection with the election that
may lawfully be performed by an employee of the appointing
authority.
(f) The appointing authority shall post, on the bulletin board
used for posting notice of meetings of the political
subdivision's governing body, a notice containing the agent's
name, the location of the agent's office, the agent's office
hours, and duration of the agent's appointment. The notice shall
remain continuously posted during the minimum period for
maintaining the agent's office.
Acts 1985, 69th Leg., ch. 211, 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.
(c) A county receiving notice under Subsection (a)(1)(B) may
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.
(c) Not later than the third day after the date a joint
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.
(c) Each member who is present at a meeting is entitled to vote
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.
(c) The joint elections commission shall provide the joint
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