reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter D - VOTING SYSTEM CERTIFICATION › Section 81.61 - Condition for Approval of Electronic Voting Systems

Current through Reg. 49, No. 28; July 12, 2024
For any voting machine, voting device, voting tabulation
					 device and any software used for each, including the programs and procedures
					 for vote tabulation and testing, or any modification to any of the above, to be
					 certified for use in Texas elections, the system shall have been certified, if
					 applicable, by means of qualification testing by a Nationally Recognized Test
					 Laboratory (NRTL) and shall meet or exceed the minimum requirements set forth
					 in the Performance and Test Standards for Punch Card, Mark Sense, and Direct
					 Recording Electronic Voting Systems, or in any successor voluntary standard
					 document developed and promulgated by the Federal Election Commission. This
					 section applies only to systems and modifications to previously certified
					 systems submitted after the effective date of this rule.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter D - VOTING SYSTEM CERTIFICATION › Section 81.62 - Audit Logs for an Election Management System's Central Accumulator

Current through Reg. 49, No. 28; July 12, 2024
(a) For any Election Management System's
				  central accumulator to be certified for use in Texas elections, the central
				  accumulator shall include a real-time audit log. All significant election
				  events and their date and time stamps shall be maintained in the audit
				  log.
(b) The definition of
				  "significant election events" in subsection (a) of this rule includes but is
				  not limited to:
(1) error and/or warning
				  messages and operator response to those messages;
(2) number of ballots read for a given
				  precinct;
(3) completion of reading
				  ballots for a given precinct;
(4)
				  identity of the input ports used for modem transfers from precincts;
(5) users logging in and out from election
				  system;
(6) precincts being
				  zeroed;
(7) reports being
				  generated;
(8) diagnostics of any
				  type being run; and
(9) change to
				  printer status.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter D - VOTING SYSTEM CERTIFICATION › Section 81.64 - Notice of Voting System Malfunction Required; Submission of Explanatory Report by Vendor Required Upon Request of Secretary of State

Current through Reg. 49, No. 28; July 12, 2024
(a) A vendor (or the political subdivision,
				  if no private vendor supports their system) must give notice to the Secretary
				  of State within 24 hours of a malfunction of its voting system software or
				  equipment in an election held in this state. The notice may be verbal or in
				  writing.
(b) Following the notice,
				  the Secretary of State shall determine whether further information on the
				  malfunction is required. At the request of the Secretary of State, a vendor (or
				  the political subdivision, if no private vendor supports their system) must
				  submit a report to the Secretary of State's office detailing the reprogramming
				  (or any other actions) necessary to redress a voting system malfunction in an
				  election held using the vendor's system. The report shall address whether
				  permanent changes are necessary to prevent similar malfunctions in the
				  future.
(c) The report shall be
				  submitted within 30 days after the date of the request by the Secretary of
				  State.
(d) Failure to submit a
				  report within the required period shall be grounds to decertify the
				  system.
(e) The authority holding
				  the election in which the voting system malfunction occurred may submit the
				  report in lieu of a report from the system's vendor.
(f) A copy of this report will be attached to
				  the system's most recent certification on file in the Secretary of State's
				  Office.
(g) The Secretary of
				  State's Office will distribute a copy of this report to all counties using the
				  voting system in question.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter E - ELECTION DAY PROCEDURES › Section 81.70 - Approval of Voting Booths by Secretary of State

Current through Reg. 49, No. 28; July 12, 2024
(a) The secretary of state has determined
				  that a voting booth designed to be placed on a table top that meets or exceeds
				  the following specifications may be used without individual approval by the
				  secretary of state.
(1) The booth must be
				  constructed of opaque material and have three sides.
(2) The top of the booth must reach at least
				  54 inches from the floor or 24 inches from the table top, whichever is
				  less.
(3) The booth must be at
				  least 22 inches wide and 19 inches deep at the writing surface.
(4) At the highest point, the booth may be no
				  more than two inches shallower than the depth of the booth at the writing
				  surface.
(5) The booth must be so
				  constructed as to be reasonably sturdy and to withstand expected use.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.101 - Primary and Runoff Election Cost Reporting; Receipt of State Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The
				  following words and terms, when used in this section, shall have the following
				  meanings, unless the context clearly indicates otherwise.
(1) SOS--Office of the Secretary of
				  State.
(2) Primary--An election
				  held by a political party under Chapter
				  172 of the Texas
				  Election Code to select its nominees for public office, and, unless the context
				  indicates otherwise, the term includes a presidential primary
				  election.
(3) Runoff--An election
				  held to determine the nomination if no candidate for nomination to a particular
				  office receives the vote required for nomination in the general primary
				  election.
(4) County election
				  officer--County election administrator, county clerk, or county tax
				  assessor-collector, depending on the county, responsible for election duties in
				  the county.
(5) Vendor--Any company
				  with a voting system certified for use in Texas by the SOS.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.102 - Primary Funds Defined

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  §
										RSA
				  173.031 and §
										RSA
				  173.032 of the Texas Election Code, a primary
				  fund is created for each executive committee of a political party holding a
				  primary election. The primary fund consists of:
(1) all filing fees accompanying an
				  application for a place on the ballot filed with the chair ;
(2) state funds paid to the chair;
(3) contributions made to the executive
				  committee for the purpose of defraying primary election expenses; and
(4) the income earned by the fund.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.103 - Bank Account for Primary-Fund Deposits and Expenditures

Current through Reg. 49, No. 28; July 12, 2024
(a) The county chair shall establish and
				  maintain a bank account for the sole purpose of depositing and expending
				  primary funds; any interest earned in such an account becomes part of the
				  primary fund.
(b) Payments issued
				  by the Comptroller of Public Accounts will be payable to the county party
				  chair, not the individual's name, preferably in the form of direct deposit.
				  Direct deposit forms may be obtained from the Comptroller of Public
				  Accounts.
(c) The county chair, or
				  any employee paid from the primary fund, shall not commingle primary funds with
				  any other fund or account.
(d) Each
				  payment issued from a primary-funds account must include a statement regarding
				  the payment being void after a period of time, such as "VOID AFTER 180
				  DAYS."
(e) The county chair shall
				  complete bank reconciliations on a monthly basis.
(f) After all primary expenditures have been
				  paid, the primary bank account may be retained with a sufficient minimum
				  balance, generally $50. All bank account information must be transferred to the
				  incoming county chair in accordance with §
										RSA
				  81.108 of this chapter (relating to Transfer
				  of Records to New County Chair).
(g) Revenue received for a primary may not be
				  used to pay expenses for a previous primary.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.104 - Signature on Checks; Authorization of Primary-Fund Expenditures

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by this section, the
				  county chair, or an authorized agent of the county chair, shall sign all checks
				  drafted on the primary-fund account.
(b) The county chair must authorize all
				  primary-fund expenditures.
(c) The
				  county chair or an authorized agent shall not sign a check drawn on a
				  primary-fund account with a rubber stamp or other facsimile of the
				  signature.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.105 - Payee of Checks from Primary-Fund Account Restricted

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by this section, an
				  individual, who is authorized to draft primary-fund checks, shall make checks
				  payable to an entity or a person. An individual, who is authorized to draft
				  primary-fund checks, may draft a check payable to "cash" or "bearer" only to
				  establish a petty-cash fund, for county chair seminar travel reimbursement,
				  personal loans to the primary fund to cover eligible expenses approved by the
				  SOS, and county chair compensation consistent with §
										RSA
				  81.119 of this chapter (relating to County
				  Chair's Compensation).
(b) An
				  individual authorized to draft primary-fund checks shall not make checks
				  payable to the county party as contributions or to election judges for
				  reimbursement for payments to election clerks.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.106 - Deposits

Current through Reg. 49, No. 28; July 12, 2024
(a) The county chair, or an authorized agent
				  of the county chair, shall:
(1) deposit all
				  filing fees, contributions, and miscellaneous receipts into the primary fund;
				  and
(2) maintain an itemized list
				  detailing the source of all funds deposited into the primary fund including,
				  but not limited to, all candidate filings.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.107 - Primary-Fund Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The county chair
				  shall preserve all records relating to primary-election expenses until the
				  later of:
(1) 22 months following the primary
				  elections; or
(2) the conclusion of
				  any relevant litigation or official investigation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.108 - Transfer of Records to New County Chair

Current through Reg. 49, No. 28; July 12, 2024
(a) The chair shall transfer in an orderly
				  manner to his or her successor or the appropriate county committee all
				  primary-election records, including financial records listed under §
										RSA 81.107
				  of this chapter (relating to Primary-Fund Records), required by law to be
				  maintained or within the 30th day after the date the term of office of a new
				  county chair begins, whichever comes first (in accordance with Texas Election
				  Code §
										RSA
				  171.028).
(b) Texas Election Code §
										RSA
				  171.028 provides a criminal penalty for
				  failure to transfer records to the new county chair.
(c) If a vacancy occurs in the office of
				  county chair, the county executive committee shall appoint an individual to
				  serve as the custodian of primary-election records until a new county chair is
				  appointed or elected.
(d) If the
				  final cost report has not been finalized at the time the records are
				  transferred or a vacancy occurs, it is the responsibility of the incoming chair
				  or the appointed custodian and the outgoing chair to determine how best to
				  complete the primary finance process, including the disbursement of the county
				  chair compensation.
(e) Payments
				  issued by the Comptroller of Public Accounts will be payable to the county
				  party chair, not the individual's name, as described in §
										RSA
				  81.103(b) of this chapter
				  (relating to Bank Account for Primary-Fund Deposits and Expenditures).
				  Therefore, it is the responsibility of the individual with access to the
				  primary fund established pursuant to §
										RSA 81.102
				  of this chapter (relating to Primary Funds Defined) and §
										RSA
				  81.103 of this chapter to ensure final
				  payment(s) from the primary fund are issued properly to close-out the financing
				  of the Primary.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.109 - Costs Not Payable with Primary Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §
										RSA
				  173.001 of the Texas Election Code, only
				  expenses necessary for and directly related to the conduct of primary elections
				  are payable from primary funds.
(b)
				  Political expenses and expenses for any activity forbidden by statute or rule
				  are not payable from the primary fund. Examples of non-payable expenses
				  include, but are not limited to, the following:
(1) expenses incurred in connection with a
				  convention of a political party;
(2) any food or drink items;
(3) stationery not related to the conduct of
				  the primary election;
(4) costs
				  associated with voter-registration drives or get-out-the-vote
				  campaigns;
(5) election notices,
				  except for public testing announcements;
(6) early voting costs, except for ballots
				  and early voting ballot board costs;
(7) a public building used as a polling place
				  or central counting station if the building is normally open the day of the
				  election, including a charge for personnel, utilities, or other expenses
				  incurred before or after regular business hours ;
(8) election worker compensation to attend
				  training;
(9) costs for training
				  material available through the SOS;
(10) duties a county election officer is
				  statutorily required to perform as well as salaries of county personnel during
				  regular business hours;
(11) voting
				  by mail kits and postage related to mail ballots;
(12) purchases of MBBs/PEBs or other voting
				  system items transferable to other elections;
(13) voting booths and ballot boxes owned by
				  the county and other county-owned equipment where there is no statutory
				  authority to charge for said equipment including, but not limited to,
				  electronic poll books, removable voting system components, vehicles,
				  etc;
(14) a sign that is used to
				  indicate a location of a polling place for a primary election or primary runoff
				  election that violates any of the following criteria:
(A) a sign that refers to a candidate or
				  measure on the ballot;
(B) a sign
				  in which the size and format is not coordinated between the political parties
				  holding a primary election or primary runoff election in the same
				  county.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.110 - Fidelity Bond Purchase

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  with responsibilities that include the receipt or expenditure of primary funds
				  may purchase a fidelity bond with money from the primary fund.
(b) An individual purchasing a bond under
				  this section shall base the amount of the bond on the anticipated total amount
				  of primary funds that the individual will collect and disburse from November 1
				  immediately preceding the primary elections to the last day of the month in
				  which the final primary election occurs. The amount used for the purpose of
				  determining the amount of the bond shall not exceed $50,000, unless a higher
				  amount is approved by the SOS.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.111 - Interest on Start-up Loan to Open Primary Fund is Not Reimbursable

Current through Reg. 49, No. 28; July 12, 2024
A county chair may acquire a start-up loan to defray the
					 cost of the primary elections, prior to receiving reimbursement from the state.
					 A county chair may not use primary funds, which are subsequently approved by
					 the SOS, to pay interest on loans used to defray operating expenses incurred
					 prior to the receipt of such funds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.113 - Misuse of State Funds

Current through Reg. 49, No. 28; July 12, 2024
The SOS shall refer any misuse or misappropriation of
					 primary funds to the appropriate prosecuting authority for the enforcement of
					 all civil and/or criminal penalties. Prosecuting authority includes but is not
					 limited to Office of the Attorney General. Misuse of funds includes not
					 complying with reporting requirements prescribed by the Texas Election Code or
					 this title.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.114 - Conflicts of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  disbursements may be made from the primary fund to the county chair personally,
				  or to an entity or business in which the party, the county chair, the county
				  chair's spouse, or the county chair's family has a financial interest, except
				  for payments for:
(1) election day
				  workers;
(2) incidental
				  administrative costs; or
(3) the
				  county chair's compensation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.115 - Requirement for Competitive Bids for Services or Products

Current through Reg. 49, No. 28; July 12, 2024
(a) This section does not apply to
				  expenditures of $2,000 or less. (Note: A large purchase may not be divided into
				  small lot purchases to circumvent the dollar limits established by this
				  section. For example, expenditures for computer equipment to a single vendor
				  that total more than $2,000 are subject to the competitive bid requirement and
				  may not be split between printers/scanner/computers.)
(b) The county chair must purchase all
				  services and products using competitive bids from no less than three sources.
				  Proper documentation must be submitted with the final cost report to indicate
				  the type of procurement service used and the source for those
				  services.
(c) The county chair must
				  document or otherwise provide an explanation regarding the lack of available
				  bids from vendors (sole source). This documentation or explanation must be
				  submitted with the final primary election cost report.
(d) If the county chair contracts with the
				  county election officer who has a term contract for election supplies or
				  services or utilizes the Texas Cooperative Purchasing Program, then competitive
				  bids are not required.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.116 - Estimating Voter Turnout

Current through Reg. 49, No. 28; July 12, 2024
(a) The county chair
				  shall use the formula set out in the following figure, with necessary
				  modifications as determined by the chair, to determine the estimated voter
				  turnout for each precinct for the primary elections. This formula is a
				  guideline and must be adjusted if the local political situation indicates a
				  higher voter turnout than that derived by the formula.
Attached Graphic
(b) After estimating the voter
				  turnout for each precinct, the county chair shall use the guidelines set forth
				  in §§
										81.117,
				  81.124, and
				  81.125 of this chapter (relating to
				  the Number of Election Workers per Polling Place, Number of Ballots per Voting
				  Precinct, and Number of Direct Record Electronic (DRE) Units or Precinct Ballot
				  Counters per Voting Precinct) to determine the necessary personnel, supplies,
				  and equipment for each precinct (i.e., ballots, election judges and clerks,
				  voting devices, or machines).
(c)
				  After estimating the need for personnel, supplies, and equipment for each
				  precinct, the county chair shall combine all precinct data to determine the
				  total countywide estimate.
(d) The
				  county chair may use the estimate calculated under subsection (c) of this
				  section to determine the estimated cost of the election.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.117 - Number of Election Workers per Polling Place

Current through Reg. 49, No. 28; July 12, 2024
The county chair shall use the formula set out in the
					 following figure to determine the number of election workers allowable for each
					 polling place.
Attached
					 Graphic
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.118 - Flex Scheduling of Precinct Workers

Current through Reg. 49, No. 28; July 12, 2024
The presiding judge may hire individuals to work in shifts.
					 The county chair may assign clerks to work in shifts that end before the
					 examination or counting of the ballots begins.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.119 - County Chair's Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to §
										RSA
				  173.004 of the Texas Election Code, a county
				  chair may receive compensation for administering primary elections.
(b) The SOS shall not authorize payment under
				  this section until the county party's final cost report has been received,
				  including the necessary supporting documentation required in §
										RSA 81.107
				  of this chapter (relating to Primary-Fund Records), and approved by the SOS.
				  The SOS shall notify the county chair of the approval via email. The chair may
				  view the approved costs by line item in the online primary finance system
				  prescribed by SOS.
(c) After all
				  other expenses have been paid and the final cost report has been approved by
				  SOS, the county chair shall be paid with a check drawn on the county's
				  primary-fund account.
(d) The SOS
				  may deny compensation to county chairs who file delinquent final-cost
				  reports.
(e) Legal fees and county
				  election service contract costs incurred and reported to SOS by the county
				  election officer will not be included in the formula for determining the county
				  chair's compensation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.120 - Compensation for Election-Day Workers

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided
				  by subsection (b) of this section, the compensation paid to polling-place
				  judges, clerks, early-voting-ballot board members, or persons working at the
				  central counting station for the general-primary and primary-runoff elections
				  shall be equal to the hourly rate paid by the county for such workers in county
				  elections up to not exceed $12 per hour from the primary fund. All workers must
				  attend a training class certified by the SOS. Online pollworker training
				  classes are available on the SOS website.
(b) The county chair may pay technical
				  support personnel at the central counting station (appointed under Texas
				  Election Code §§
										127.002,
				  127.003, or
				  127.004) compensation
				  which is more than $12 per hour, but costs may not exceed those paid to county
				  staff for comparable work.
(c)
				  Except as provided by this section, a judge or clerk may be paid only for the
				  actual time spent on election duties performed in the polling place or central
				  counting station, including up to two hours of work before the polls open. If
				  an election worker elects to donate his or her compensation to the county
				  party, signed documentation referencing that fact, by the election worker and
				  chair, must be placed in the primary records.
(d) The county chair may allow one election
				  worker from each polling place up to one hour before election day to annotate
				  the precinct list of registered voters.
(e) The county chair is authorized to pay
				  members of the early voting ballot board.
(1)
				  Members of the early voting ballot board may only be compensated for the actual
				  number of hours worked up to $12 per hour from the primary fund.
(2) Additionally, members may reconvene to
				  process provisional or late ballots. The provisional ballot/late counting
				  process must be completed not later than the 7th day after the primary or
				  runoff primary elections.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.121 - No Compensation for Attending Election Schools for Judges or Clerks

Current through Reg. 49, No. 28; July 12, 2024
(a) Training materials may be ordered free of
				  charge from the SOS.
(b) The county
				  chair may not be reimbursed for materials published and provided by the
				  SOS.
(c) Costs associated with
				  attending an election school are not an allowable cost subject to primary
				  reimbursement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.122 - Personnel Payroll Taxes and Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) The county chair shall follow all
				  applicable federal and state laws with respect to payroll taxes, including
				  election day judges and clerks.
(b)
				  The county chair may not use primary funds to pay penalties or interest
				  resulting from a failure to file required tax returns or from failure to pay
				  the employer's portion of employment taxes.
(c) The county chair shall maintain copies of
				  all federal and state payroll tax returns and forms, and keep such copies with
				  the primary records. (The county chair shall also transmit copies of these
				  records to the SOS at the SOS's request.)
(d) The county chair may not pay for group
				  medical, dental, life insurance or retirement benefits with primary
				  funds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.123 - Administrative Personnel and Overall Administrative Costs Limited

Current through Reg. 49, No. 28; July 12, 2024
(a) "Administrative Personnel" means a
				  non-election-day worker.
(b) The
				  employment of administrative personnel is not required for the conduct of the
				  primary elections.
(c) Pursuant to
				  §
										RSA 81.114
				  of this chapter (relating to Conflicts of Interest), no member of the county
				  chair's family may be paid an administrative salary from primary
				  funds.
(d) If administrative
				  personnel are utilized, salaries or wages for such personnel are payable from
				  the primary fund for a period beginning no earlier than November 1 immediately
				  preceding the primary election and ending no later than the last day of the
				  month in which the primary election or runoff primary election, if applicable,
				  is held.
(e) If the county chair
				  contracts with third parties or the county election officer for election
				  services, the overall administrative personnel costs to be submitted to the SOS
				  for reimbursement cannot include administrative expenses provided by third
				  parties or a county election officer. (Administrative personnel costs include,
				  but are not limited to, polling location services, ballot ordering, and
				  secretarial services.)
(f) The SOS
				  may disallow full payment for administrative personnel if it is determined that
				  the contracting county election officer substantially performed the conduct of
				  the election.
(g) Other
				  administrative costs chargeable to the primary fund include office rental,
				  telephone and utilities, office furniture and equipment rental, computer
				  purchase, office supplies, and bank fees.
(h) In addition to the limitations set forth
				  in the Texas statutes and Subchapters F and G of this chapter of the Texas
				  Administrative Code, including but not limited to §§
										RSA
				  81.127,
				  RSA
				  81.128, and
				  RSA 81.129 of this
				  chapter (relating to Office Equipment and Supplies, Telephone and Postage
				  Charges, and Office Rental), the funding caps illustrated in Figure: 1 TAC
				  § 81.123(h) apply to the total administrative expenses a county chair may
				  charge to the primary fund.
Attached Graphic
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.124 - Number of Ballots per Voting Precinct

Current through Reg. 49, No. 28; July 12, 2024
(a) The county chair shall determine the
				  minimum number of ballots to be furnished to each polling place based on the
				  estimated voter turnout formula established pursuant to §
										RSA
				  81.116 of this chapter (relating to
				  Estimating Voter Turnout). The county chair shall not distribute to a polling
				  place fewer ballots than the amount indicated by the formula provided by §
										RSA
				  81.116 of this chapter.
(b) If the chair determines that more ballots
				  than the minimum are necessary, he or she may order a maximum number of ballots
				  up to an amount that is equal to the number of registered voters in the
				  precinct.
(c) In no event should a
				  polling place ballot supply be limited so as to impede the voting process or
				  jeopardize voting rights.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.125 - Number of Direct Record Electronic (DRE) Units or Precinct Ballot Counters per Voting Precinct

Current through Reg. 49, No. 28; July 12, 2024
(a) The county chair
				  shall use the table set out in the following figure to determine the number of
				  precinct ballot counters and DRE units allowable for each precinct.
Attached
					 Graphic
(b) If a
				  county chair determines that the number of precinct ballot counters and/or DRE
				  units authorized under the formula is inadequate, he or she must acquire
				  permission from the SOS to obtain additional machines, counters, or
				  devices.
(c) Pursuant to federal
				  and state law, there must be at least one accessible voting unit in each
				  precinct. If the county has insufficient accessible voting units to allow each
				  party to conduct a separate primary in all county election precincts, then each
				  party will need to consolidate county election precincts in accordance with
				  §
										RSA
				  42.009 of the Texas Election Code in order to
				  accommodate the number of accessible voting units that can be allocated to each
				  party by the county election officer in accordance with §
										RSA
				  51.035 of the Texas Election Code.
				  Alternatively, the parties, with the agreement of a majority of the full
				  membership of county commissioners court and the county election officer, may
				  conduct a joint primary under §
										RSA
				  172.126 of the Texas Election Code.
(d) In precincts that are conducting a
				  limited joint election for purposes of sharing a polling place and an
				  accessible voting unit, the presiding election judge from the party whose
				  candidate for governor received the highest number of votes in the precinct or
				  consolidated precinct in the most recent gubernatorial general election shall
				  deliver the device(s) containing the vote totals to the general custodian. The
				  presiding judge of the party whose candidate for governor received the highest
				  number of votes in the precinct or consolidated precinct in the most recent
				  gubernatorial general election may designate the presiding judge or clerk of
				  the other party to deliver the device(s) containing the vote totals to the
				  general custodian.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.126 - Training Reimbursement to Attend County Chairs Election Law Seminar

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by this section, the
				  SOS shall reimburse from the state primary fund, the actual travel expenses for
				  the county chair or the county chair's designee who will be responsible for the
				  primary finance bookkeeping to attend the SOS Election Law Seminar for County
				  Chairs. (The SOS shall provide travel reimbursement forms at the
				  seminar.)
(b) The SOS shall
				  reimburse the county chair or the county chair's designee for:
(1) mileage (if driving personal
				  vehicle);
(2) airfare (coach
				  only);
(3) airport
				  transfers;
(4) airport
				  parking;
(5) lodging; and
(6) any other reasonable expenses related to
				  an individual's attendance at the Election Law Seminar for County
				  Chairs.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.127 - Office Equipment and Supplies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Rental of office equipment is not required in order to conduct primary
				  elections.
(b) The county chair may
				  lease office equipment necessary for the administration of the primary
				  elections for a period beginning November 1 immediately preceding the primary
				  election and ending not later than the last day of the month in which the
				  primary election or runoff election primary, if applicable, is held.
(c) The county party may not rent or lease
				  equipment in which the party, the county chair, or a member of the county
				  chair's family has a financial interest. (See definition of "family" at §
										RSA
				  81.114(b) of this chapter
				  (relating to Conflicts of Interest).)
(d) The county chair or party shall rent
				  equipment from an entity that has been in business for at least 18 months and
				  has at least three other bona fide clients and is on file with the corporation
				  department of the SOS or locally.
(e) The purchase of office supplies must be
				  reasonable and/or necessary for the administration of the primary election to
				  be payable from the primary fund.
(f) The county chair or party may be
				  reimbursed for the cost of incidental supplies used in connection with the
				  primary election. (Examples of reasonable incidental supplies include paper,
				  toner, and staples.)
(g) The county
				  chair may not use primary funds to purchase any single office-supply item or
				  equipment valued at over $1,500. These items are not considered the property of
				  the party chair, rather the property of the county party, and must be
				  transferred to the incoming party chair when a new chair takes office
				  .
(h) The county chair may not pay
				  notary public expenses from the primary fund.
(i) Computer serial numbers must be reported
				  to SOS to ensure the asset can be tracked from one election to the
				  next.
(j) Any computer purchased
				  with primary funds is to be used for primary related functions. It is not
				  considered the property of the party chair, rather the property of the county
				  party, and must be transferred to the incoming party chair when a new chair
				  takes office.
(k) A computer
				  purchased with primary funds shall be used for two primary election cycles
				  before a new computer may be purchased using primary funds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.128 - Telephone and Postage Charges

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  SOS shall reimburse necessary telephone and postage costs incurred with respect
				  to the administration of the primary elections beginning no earlier than
				  November 1 immediately preceding the primary election and ending no later than
				  the last day of the month in which the primary election or runoff primary
				  election, if applicable, is held.
(b) Personal landline and cellular phone
				  charges will not be reimbursed with primary funds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.129 - Office Rental

Current through Reg. 49, No. 28; July 12, 2024
(a) The rental of
				  office space is not required for the conduct of the primary
				  elections.
(b) The SOS shall
				  reimburse necessary office space rental expenses incurred with respect to the
				  administration of the primary elections for a period beginning no earlier than
				  November immediately preceding the primary election and ending not later than
				  the last day of the month in which the primary election or runoff primary
				  election, if applicable, is held.
(c) If the rental of office space is
				  necessary, the county party shall rent office space in a regularly rented
				  commercial building. Office rent shall not exceed the fair market rate for
				  comparable office space in the same area.
(d) Unless such services are required in
				  accordance with the lease agreement, no payment may be made with primary funds
				  for janitorial services, parking, or signage.
(e) The county party may not rent or lease
				  office space in which the party, the county chair, the county chair's spouse,
				  or the county chair's family has a financial interest. (See definition of
				  "family" at §
										RSA
				  81.114(b) of this chapter
				  (relating to Conflicts of Interest).) Discounted office space does not exempt
				  the cost from §
										RSA 81.114
				  of this chapter, Conflicts of Interest.
(f) If the party leases space for the purpose
				  of the primary only, the county chair shall transmit a copy of the three
				  competitive bids obtained as well as the lease agreement to the SOS, along with
				  a copy of the final cost report.
(g) If the party maintains a lease, unrelated
				  to the conduct of the primary, the cost of that lease will not be reimbursed in
				  excess of 30% of the monthly rental cost by the state as a primary expense,
				  including utilities. In addition, if the party maintains a lease unrelated to
				  the primary, the SOS will not reimburse the party for a second lease without
				  prior approval from the SOS.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.130 - Payment for Use of County-Owned and Non-County-Owned Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a) Section
				  RSA
				  123.033 of the Texas Election Code provides
				  for the rental rate that a county may charge for the use of its equipment. (The
				  rental rates are $5 for each unit of tabulating equipment and $5 for each unit
				  of electronic voting system equipment installed at a polling location.)
				  Removable components, such as a flash drive or accessibility component, may not
				  be charged separately.
(b) In
				  addition to subsection (a) of this section, the primary fund may be used to pay
				  the actual expenses incurred by the county in transporting, preparing,
				  programming, and testing the necessary equipment, as well as for staffing the
				  central counting station.
(c) The
				  county chair shall submit all calculations for amounts charged for the use of
				  county-owned and non-county-owned equipment to the SOS for review with the
				  final cost report.
(d) The county
				  chair shall not use primary funds to pay expenses related to the use of
				  non-county-owned equipment, including, but not limited to, ballot boxes and
				  voting booths pursuant to §
										RSA
				  51.035 of the Texas Election Code, without
				  approval from the SOS.
(e) Pursuant
				  to §
										RSA
				  51.035 of the Texas Election Code, counties
				  may not charge the county parties for use of county-owned voting booths or
				  ballot boxes and other county-owned equipment where there is no statutory
				  authority to charge for said equipment; however, the primary fund may pay the
				  actual expenses incurred by the county in transporting the equipment to and
				  from the polling places if the county provides that service.
(f) Pursuant to the General Appropriations
				  Act, 86th Texas Legislature, primary funds shall not be used to pay the costs
				  of leasing non-county-owned equipment that is needed to conduct non-joint
				  primary elections.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.132 - Cost of Early Voting to Be Paid by the County

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §
										RSA
				  173.003 of the Texas Election Code, the only
				  expense to be paid from primary funds for early voting is ballot costs and the
				  early voting ballot board.
(b) The
				  county shall pay for voting-by-mail kits including, but not limited to,
				  postage, early-voting workers, and all other costs incurred that are related to
				  early voting.
(c) The county chair
				  shall not include non-eligible expenses related to early voting in a
				  primary-election-services joint resolution, county election services contract
				  or a primary cost report.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.133 - No Charge for Use of a Public Building as Polling Place; Political Conventions

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  §
										RSA
				  43.033 of the Texas Election Code, no charge
				  may be made for the use of a public building as a polling place if that
				  building is normally open for business on election day.
(b) A central counting station is subject to
				  subsection (a) of this section.
(c)
				  Primary funds may not be used to pay any charge for the use of a building for a
				  state or county political convention.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.134 - Legal Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) The party
				  chair (all references to "party chair" in this section refer to both the state
				  chair and the county chair) may contact the SOS Elections Division for advice
				  and assistance in election matters in accordance with §
										RSA
				  31.004 of the Texas Election Code. (Attorneys
				  with the Elections Division may be reached toll-free by calling 1-800-252-2216.
				  There is no charge for this service.)
(b) The SOS shall not provide primary-fund
				  reimbursement for legal expenses arising as a result of the negligent or
				  wrongful acts of the party chair or a member of the state or county executive
				  committee, or the failure of the party chair or a member of the state or county
				  executive committee to comply with the Texas Election Code, the Texas
				  Administrative Code, or advice provided by the Elections Division in accordance
				  with §31.004.
(c) In addition
				  to any other requirements or limitations under this section and Chapter 173 of
				  the Texas Election Code, the SOS shall not provide primary-fund reimbursement
				  for legal expenses unless the party chair complies with the following
				  preconditions before any legal expenses are incurred subject to appropriation
				  by the Texas Legislature:
(1) The party chair
				  requests in writing by mail, fax, or email to the Director of the Elections
				  Division of the SOS to retain legal counsel the cost of which shall may be paid
				  for with primary funds and the Director approves such request for the
				  expenditure of primary funds in writing.
(2) The request shall include the style and
				  cause number of the lawsuit for which the party chair seeks to retain legal
				  counsel, the name of the attorney he or she wishes to retain, a brief summary
				  of the facts that are the subject of the lawsuit, the attorney's hourly rate,
				  and an estimate of the legal expenses necessary for legal services rendered in
				  defense of the party chair, on behalf of the chair, the executive committee,
				  and the party.
(3) The SOS shall
				  not reimburse legal expenses if the county chair fails to notify the SOS of
				  litigation within thirty (30) business days following the receipt of service of
				  process.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 81 - ELECTIONS › Subchapter F - PRIMARY ELECTIONS › Section 81.135 - Primary Procedure for Counties without County Party Leadership

Current through Reg. 49, No. 28; July 12, 2024
(a) The county election officer of a county
				  where the county chair is vacant shall contract with the state chair of a
				  political party under the following circumstances:
(1) There is an insufficient number of
				  members serving on the county executive committee to fill a vacancy on the
				  committee;
(2) The party is unable
				  to establish a temporary executive committee under §
											RSA
				  171.027 of the Texas Election Code;
				  and
(3) The election is required
				  for the nomination of a political party to a statewide office, a multicounty
				  district office, or a presidential primary election.