# TheAttorney General ofTexas
May 9, 1904 JIM MAl-lOX Attorney General

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An Equal Oppoftunityl Affirmative Action Employer Honorable MikeDriscoll Harris CountyAttorney 1001Preston, Suite 634 Houston. Texas 77002 Opinion No. JM-157 Re: Whether a commissioners court mayexpend county funds to encourage voter registration DearXr. Driscoll: Youaskwhether the Harris CountyCommissioners Court mayexpend county funds to promote and encourage voter registration andwhether the county and the registrar of voters maycontract for that purpose with a non-profit organization which specializes in voter registration. We conclude that county funds may be expended to promote and encourage voter registration and that the commissioners c9urt. with the cooperation of the registrar of voters, maycontract vith anon-profit organization to perform the services that the county andthe registrar are authorized to provide. Acounty commissioners court has only the powers conferred either expressly or by reasonable implication by the constitution and statutes of this state. See Tex. Const. art. V. 118; Canales v. Laughlin, 214S.W.2d 451, 4r(Tex. 1948). TheElection Code establishes the county tax assessor-collector as the registrar of voters in acounty unless the commissioners court designates a different person to serve in that capacity. Elec. Code arts. 5.09a. aubd. 1; 5.09b. subd. 1; 5.24a. aubda. 1, 3. The registrar ia responsible for, amongother things, the registration of voters andduties incident to voter registration that are placed upon himby law. Elec. Codeart. 5.09a. subd. 2. It is the intent of the legislature that the registrar, in order to prmote and encourage voter registration, shall enlist the support and cooperation of interested citizens and organizations. Elec. Code art. 5.20e. subd. 4. Article 5.19b provides specified reimbursement to the counties fromthe state’s general revenue fund for expenses of the registrar’s office in the registration of voters, and article 5.098, subd. 3 provides that the expenses of the registrar in excess of the ~reimbursementreceived from the atate shall be borne by the county. See Attorney General Opinion JM-61 (1983). Accordingly, weconclude that the Election Code authorizes the commissioners court to expend

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of the enumerated programs or methods of operation proposed by the voter registration organization here. Articles 5.09a and5.208 of the Election Code expressly provide that the registrar of voters is responsible for voter registration, including deputy registrars. registration places. support and cooperation of Interested citizens andorganizations, andother duties incident tovoter registration. Thecommissioners court

is the general business and contracting agency of the county, and it alone has authority to make contracts binding on the county, unless otherwise specifically provided by statute. Anderson v. Wood, supra. Accordingly, it is our opinion that the cornmissioners court, with the consent andcooperation of the registrar of voters, maycontract with anon-profit organization to perform the voter registration aervlces that are within the powerandauthority of the county and the registrar. See Attorney General Opinion H-1123 - (1978). SUMMARY

County funds maybe expended to promote and encourage voter registratiim. A conrmissioners court and registrar of voters, acting together, maycontract with a non-profit organization for the purpose of promoting and encouraging voter registration.

JIM MATTOX Attorney General of Texas TOM GREEN First Assistant Attorney General DAVIDR. RICRARDS Executive Assistant Attorney General Prepared byNancySutton Assistant Attorney General

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