reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter D. Contract for Election Services › Section 31.093. Duty to Contract

Sec. 31.093.  DUTY TO CONTRACT.  (a)  Subject to Section 41.001(d), if requested to do so by a political subdivision, 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.
(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.
(c)  On request of the county chair of a political party holding a primary election in the county, the county election officer shall contract with the county executive committee of the party to perform election services, as provided by this subchapter, in the party's general primary election and runoff primary election in accordance with a cost schedule agreed on by the contracting parties.
(d)  In a contract required by Subsection (c), 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.  A county election officer who violates this subsection commits an offense.  An offense under this subsection is a Class B misdemeanor.
(e)  A county election 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 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 9, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 2, eff. September 1, 2017.
Transferred, redesignated and amended by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 2, eff. September 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 3, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 32, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter D. Contract for Election Services › Section 31.094. Services Performable Under Contract

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter D. Contract for Election Services › Section 31.095. Delegation to Deputies

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter D. Contract for Election Services › Section 31.096. Nontransferable Functions

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 political subdivision's requirement to maintain office hours under Section 31.122.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 33, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter D. Contract for Election Services › Section 31.097. Early Voting

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter D. Contract for Election Services › Section 31.098. Payment of Election Expenses

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter D. Contract for Election Services › Section 31.099. Filing Copies of Contract

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)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(5), eff. September 1, 2021.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(5), eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter D. Contract for Election Services › Section 31.100. Disposition of Contract Money; Payment of Contracting Officer's Expenses

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter E. Miscellaneous Provisions › Section 31.121. Presiding Officer Failing to Act

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter E. Miscellaneous Provisions › Section 31.122. Office Hours of Election Authority During Election Period

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter E. Miscellaneous Provisions › Section 31.123. Appointment of Agent During Election Period

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.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter E. Miscellaneous Provisions › Section 31.124. Provision of Notice to County Chairs by Election Authority

Sec. 31.124.  PROVISION OF NOTICE TO COUNTY CHAIRS BY ELECTION AUTHORITY.  (a)  A county election officer of each county shall hold a meeting with the county chair of each political party to discuss, as appropriate, the following for each primary election or general election for state and county officers:
(1)  the lists provided by each political party under Section 85.009;
(2)  the lists provided by each political party under Section 87.002(c);
(3)  the implementation of Subchapters A, B, C, and D, Chapter 87; and
(4)  holding a joint primary, entering into an election services contract, and polling place locations.
(b)  A county election officer of each county shall deliver written notice of the time and place of the meeting required by Subsection (a) not later than 72 hours before the meeting date to the county chair of each political party that made nominations by primary election for the general election for state and county officers preceding the date of the meeting.
(c)  The notice required by Subsection (b) may be delivered by United States mail, electronic mail, or other method of written communication, as determined by the county election officer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 255 (H.B. 1136), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 34, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter E. Miscellaneous Provisions › Section 31.125. County Website

Sec. 31.125.  COUNTY WEBSITE.  (a)  The county officer responsible for administering elections  shall post on the county's Internet website contact information for the county election office including:
(1)  the street address and zip code;
(2)  the mailing address if different from the address provided in Subdivision (1);
(3)  telephone number;
(4)  facsimile number; and
(5)  e-mail address.
(b)  For each polling place located in the county, the county shall post on the county's Internet website:
(1)  the name of the building in which the polling place is located, if available;
(2)  the street address and zip code of the polling place; and
(3)  the days and hours of voting at each location.
(c)  This section applies only to a county that maintains an Internet website.
Added by Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter E. Miscellaneous Provisions › Section 31.126. Prohibited Contributions

Sec. 31.126.  PROHIBITED CONTRIBUTIONS.  (a)  Without the written consent of the secretary of state, the joint elections commission, county election commission, and county election board may not:
(1)  accept a contribution of $1,000 or more, including the value of in-kind donations, offered by:
(A)  a private individual;
(B)  a business entity, including a:
(i)  corporation;
(ii)  partnership; or
(iii)  trust; or
(C)  another third party; or
(2)  use a contribution described by Subdivision (1) to perform a function of administering elections.
(b)  The secretary of state may grant consent under Subsection (a) only if:
(1)  the secretary consults with the governor, the lieutenant governor, and the speaker of the house of representatives on the proposed donation; and
(2)  the governor, the lieutenant governor, and the speaker of the house of representatives unanimously agree to the secretary's grant of consent.
(c)  The joint elections commission, county election commission, and county election board may accept a contribution of less than $1,000 only with written consent from the relevant political subdivision.
(d)  This section does not prohibit the acceptance of:
(1)  an in-kind contribution of food or beverage for election workers during the administration of an election;
(2)  any state or federal funds administered or distributed by the secretary of state, including funds administered and distributed under Section 31.009, or other state or federal funds made available to political subdivisions to perform a function related to elections; or
(3)  an offer for use, without charge or for a reduced fee, of a public or private building or a portion of a building for the purposes of conducting an election, including for use as a polling place designated under Chapter 43.
Added by Acts 2021, 87th Leg., R.S., Ch. 1000 (H.B. 2283), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter E. Miscellaneous Provisions › Section 31.127. Training

Sec. 31.127.  TRAINING.  (a)  In this section, "county election officer" has the meaning assigned by Section 31.091(1).
(b)  The secretary of state shall provide a standardized training program and materials for county election officers in the same manner it provides such a program to election judges and clerks under Subchapter F, Chapter 32.
Added by Acts 2021, 87th Leg., R.S., Ch. 360 (S.B. 231), Sec. 1, eff. September 1, 2021.
Redesignated from Election Code, Section 31.126 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(14), eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter E. Miscellaneous Provisions › Section 31.128. Restriction on Eligibility

Sec. 31.128.  RESTRICTION ON ELIGIBILITY.  (a)  In this section, "election official" does not include a chair of a county political party holding a primary election or a runoff primary election.
(b)  A person may not serve as an election official if the person has been finally convicted of an offense under this code.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.01, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter E. Miscellaneous Provisions › Section 31.129. Civil Penalty

Sec. 31.129.  CIVIL PENALTY.  (a)  In this section, "election official" has the meaning assigned by Section 31.128.
(b)  An election official may be liable to this state for a civil penalty if the official:
(1)  is employed by or is an officer of this state or a political subdivision of this state; and
(2)  violates a provision of this code.
(c)  A civil penalty imposed under this section may include termination of the person's employment and loss of the person's employment benefits.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.01, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter E. Miscellaneous Provisions › Section 31.130. Suit Against Election Officer

Sec. 31.130.  SUIT AGAINST ELECTION OFFICER.  An action, including an action for a writ of mandamus, alleging that an election officer violated a provision of this code while acting in the officer's official capacity may only be brought against the officer in the officer's official capacity.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.01, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.151. Definition

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 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.153. Joint Elections Commission

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 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.154. Appointment of Joint Elections Administrator

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 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.155. Commission Meetings

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.
(d)  Meetings of the joint elections commission are subject to Chapter 551, Government Code.  In addition to posting notice as required by Chapter 551, Government Code, the commission shall provide personal written notice of a commission meeting to the joint elections administrator in the time prescribed by Section 551.043, Government Code, for providing public notice.
Added by Acts 2007, 80th Leg., R.S., Ch. 148 (S.B. 493), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 283 (H.B. 1678), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.156. Eligibility

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 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.157. Resignation

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 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.158. Termination of Employment

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 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.159. Filling Vacancy

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 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.160. Salary; Staff; Operating Expenses

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 1.2 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 (S.B. 493), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 27, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.161. Bond

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 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.162. Seal

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 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.163. Transfer of Records

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 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.164. Duties of Administrator Generally

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 entity formerly required to conduct elections, subject to Section 31.165; and
(4)  the duties and functions placed on the administrator under Sections 31.165 and 31.166.
(b)  The joint elections administrator may serve as the voter registrar only in the county or counties that created the administrator's position.  For territory of a participating entity located in another county, the officer designated under Section 12.001 as the voter registrar for that county retains the duties of the voter registrar.
Added by Acts 2007, 80th Leg., R.S., Ch. 148 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.166. Classification of Duties by Secretary of State

Sec. 31.166.  CLASSIFICATION OF DUTIES BY SECRETARY OF STATE.  (a)  The secretary of state shall adopt rules consistent with Sections 31.164 and 31.165 that classify the duties and functions placed on the officers of the participating entities by statutes outside this code according to whether they are to be performed by the joint elections administrator or by the officer.
(b)  If the joint elections administrator or officer of a participating entity is uncertain as to which person should perform a duty or function that the secretary of state 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 of state shall deliver a copy of each rule proposed under this section to the joint elections administrator and to the officer of each participating entity in this state 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 joint elections administrator for a county, the secretary of state 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 of state 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 148 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.167. Misdirection of Document

Sec. 31.167.  MISDIRECTION OF DOCUMENT.  (a)  If a document that should be filed with or submitted to the joint elections administrator is mailed to an officer of a participating entity 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 elections administrator of a political subdivision 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 joint elections administrator is delivered in person to an officer of a participating entity 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 an officer without specifying that the filing or submission is to be made with the elections administrator of a political subdivision having that position and the office to accept the filing or submission is changed to the joint elections administrator under this subchapter, a filing or submission made with the officer has the same legal effect as if made with the administrator if the officer accepts and files the document.
Added by Acts 2007, 80th Leg., R.S., Ch. 148 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.168. Action by Wrong Officer

Sec. 31.168.  ACTION BY WRONG OFFICER.  If a statute specifies that an action is to be taken by an officer without specifying that it is to be taken by the elections administrator of a political subdivision having that position, an action taken by the officer without objection from the administrator has the same legal effect as if taken by the administrator.
Added by Acts 2007, 80th Leg., R.S., Ch. 148 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.169. Addition or Withdrawal of Political Subdivisions

Sec. 31.169.  ADDITION OR WITHDRAWAL OF POLITICAL SUBDIVISIONS.  (a)  A political subdivision that has not created the position of joint elections administrator and that has territory in or is a county adjacent to a county using a joint elections administrator may use the joint elections administrator to conduct the elections of the political subdivision as provided by this subchapter, if approved by the governing body of the political subdivision and the joint elections commission.  Following approval by both entities under this subsection, the political subdivision is entitled to representation on the joint elections commission, as provided by Section 31.153(a)(3).
(b)  A political subdivision, other than the county that sent notice seeking creation under Section 31.152(a)(1) or to which the notice was sent under Section 31.152(a)(2), may cease using the joint elections administrator to conduct the elections of the political subdivision under this subchapter, if approved by the governing body of the political subdivision.  Following approval by the governing body under this subsection, the political subdivision is not entitled to representation on the joint elections commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 148 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.170. Abolishing Position

Sec. 31.170.  ABOLISHING POSITION.  (a)  The joint elections commission or the commissioners court of each participating county by written order may abolish the position of joint elections administrator at any time.
(b)  After the effective date of an order abolishing the position of joint elections administrator, the county tax assessor-collector is the voter registrar of the county, and the duties and functions of the officer of a participating entity that were performed by the administrator revert to the officer, 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 joint elections administrator is adopted, the county clerk of the most populous participating county shall deliver a certified copy of the order to the secretary of state.
Added by Acts 2007, 80th Leg., R.S., Ch. 148 (S.B. 493), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 338 (S.B. 893), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 31 - Officers to Administer Elections › Subchapter F. Joint Elections Administrator › Section 31.171. Criminal Penalties

Sec. 31.171.  CRIMINAL PENALTIES.  A statute prescribing a criminal penalty against an officer of a participating entity or the officer's deputies or other employees for conduct relating to duties or functions transferred to the joint elections administrator applies to the administrator or to the administrator's deputies or employees as appropriate.
Added by Acts 2007, 80th Leg., R.S., Ch. 148 (S.B. 493), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter A. Appointment of Election Judges › Section 32.001. Presiding Judge and Alternate for Each Election Precinct

Sec. 32.001.  PRESIDING JUDGE AND ALTERNATE FOR EACH ELECTION PRECINCT.  (a)  A presiding election judge and an alternate presiding judge shall be appointed for each election precinct in which an election is held.
(b)  The alternate presiding judge shall serve as presiding judge for an election if the regularly appointed presiding judge cannot serve.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter A. Appointment of Election Judges › Section 32.003. Judges for Consolidated County Election Precincts

Sec. 32.003.  JUDGES FOR CONSOLIDATED COUNTY ELECTION PRECINCTS.  If election precincts are consolidated in a special election in which the regular county election precincts are required to be used, the commissioners court shall appoint the election judges to serve in each consolidated precinct from among the judges appointed for the precincts comprising the consolidated precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter A. Appointment of Election Judges › Section 32.004. Judges for Other Elections Ordered by County Authority

Sec. 32.004.  JUDGES FOR OTHER ELECTIONS ORDERED BY COUNTY AUTHORITY.  Except as otherwise provided by law, for an election ordered by a county authority in which use of the regular county election precincts is not required, the authority ordering the election shall appoint the election judges.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter A. Appointment of Election Judges › Section 32.005. Judges for Elections of Other Political Subdivisions

Sec. 32.005.  JUDGES FOR ELECTIONS OF OTHER POLITICAL SUBDIVISIONS.  (a)  The governing body of a political subdivision other than a county shall appoint the election judges for elections ordered by an authority of the political subdivision.
(b)  The governing body shall determine whether appointments under Subsection (a) are for a single election or for a definite term not to exceed two years.  If appointments are made for a term, the governing body shall set the duration and beginning date of the term and shall fill vacancies in unexpired terms.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 3 - Election Officers and Observers › Chapter 32 - Election Judges and Clerks › Subchapter A. Appointment of Election Judges › Section 32.006. Judges for Primary Elections

Sec. 32.006.  JUDGES FOR PRIMARY ELECTIONS.  (a)  The county chair of a political party holding a primary election shall appoint for each primary the judges for each precinct in which the election will be held in the county and fill any vacancy that occurs in the position of presiding judge or alternate presiding judge.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 63, eff. September 1, 2017.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 22, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 6, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 63, eff. September 1, 2017.