Texas Election Code Title 3, Chapter 31 - Officers To Administer Elections

SUBCHAPTER A SECRETARY OF STATE

• Texas Section 31.001 - Chief Election Officer
  (a) The secretary of state is the chief election officer of the state. (b) The secretary shall establish in the secretary's office an elections division...
• Texas Section 31.002 - Official Forms
  (a) The secretary of state shall prescribe the design and content, consistent with this code, of the forms necessary for the administration of this code...
• Texas Section 31.0021 - Certain Official Forms: Inclusion Of Nepotism Information
  (a) On forms designed and furnished by the secretary of state for an application for a place on the ballot, the secretary shall include a...
• Texas Section 31.003 - Uniformity
  The secretary of state shall obtain and maintain uniformity in the application, operation, and interpretation of this code and of the election laws outside this...
• Texas Section 31.004 - Assistance And Advice
  (a) The secretary of state shall assist and advise all election authorities with regard to the application, operation, and interpretation of this code and of...
• Texas Section 31.005 - Protection Of Voting Rights
  (a) The secretary of state may take appropriate action to protect the voting rights of the citizens of this state from abuse by the authorities...
• Texas Section 31.0055 - Voting Rights Hotline
  (a) The secretary of state shall establish a toll-free telephone number to allow a person to report an existing or potential abuse of voting rights....
• Texas Section 31.006 - Referral Of Complaint To Attorney General
  (a) If, after receiving a complaint alleging criminal conduct in connection with an election, the secretary of state determines that there is reasonable cause to...
• Texas Section 31.007 - Suspension Of Provisions Implementing National Voter Registration Act
  (a) If under federal law, order, regulation, or other official action the National Voter Registration Act of 1993 is not required to be implemented or...
• Texas Section 31.008 - Collection Of Information: Forum On Election Cost Savings
  (a) The secretary of state shall collect and maintain information on the number of elections held in this state and the administrative costs associated with...
• Texas Section 31.009 - Distribution Of Certain Funds
  (a) If federal funds are made available to assist the state in the administration of elections, including assistance for the phasing out or prohibition of...
• Texas Section 31.010 - Implementation Of Federal Help America Vote Act
  (a) The secretary of state may adopt rules as necessary to implement the federal Help America Vote Act of 2002. (b) The secretary of state...
• Texas Section 31.011 - Election Improvement Fund
  (a) The election improvement fund is created as a dedicated account in the general revenue fund and consists of federal funds designated for election improvement,...

SUBCHAPTER B COUNTY ELECTIONS ADMINISTRATOR

• Texas Section 31.012 - Voter Identification Education
  (a) The secretary of state and the voter registrar of each county that maintains a website shall provide notice of the identification requirements for voting...
• Texas Section 31.031 - Creation Of Position
  (a) The commissioners court by written order may create the position of county elections administrator for the county. (b) The order must state the date...
• Texas Section 31.032 - Appointment Of Administrator; County Election Commission
  (a) The position of county elections administrator is filled by appointment of the county election commission, which consists of: (1) the county judge, as chair;...
• Texas Section 31.033 - Commission Meetings
  (a) The county election commission shall meet at the call of the chair. However, the vice chair or any three members of the commission may...
• Texas Section 31.034 - Eligibility
  To be eligible for appointment as county elections administrator, a person must be a qualified voter of the state. Acts 1985, 69th Leg., ch. 211,...
• Texas Section 31.035 - Restrictions On Political Activities
  (a) A county elections administrator may not be a candidate for a public office or an office of a political party, hold a public office,...
• Texas Section 31.036 - Resignation
  The county election commission is the proper authority to receive and act on a resignation from the position of county elections administrator. Acts 1985, 69th...
• Texas Section 31.037 - Suspension Or Termination Of Employment
  The employment of the county elections administrator may be suspended, with or without pay, or terminated at any time for good and sufficient cause on...
• Texas Section 31.038 - Filling Vacancy
  (a) A vacancy in the position of county elections administrator is filled by appointment of the county election commission. (b) An appointment to fill an...
• Texas Section 31.039 - Salary; Staff; Operating Expenses
  (a) The commissioners court shall set the number of deputies and other persons that the county elections administrator may employ. (b) Repealed by Acts 2005,...
• Texas Section 31.040 - Bond
  (a) Before assuming the duties of a county elections administrator, the person appointed to the position must give a bond that is in an amount...
• Texas Section 31.041 - Seal
  The county elections administrator shall have an official seal, on which shall be inscribed a star with five points surrounded by the words "County Elections...
• Texas Section 31.042 - Transfer Of Records
  As soon as practicable after the effective date of the creation of the position of county elections administrator, the officer formerly serving as the voter...
• Texas Section 31.043 - Duties Of Administrator Generally
  The county elections administrator shall perform: (1) the duties and functions of the voter registrar; (2) the duties and functions placed on the county clerk...
• Texas Section 31.044 - Division Of Certain Duties Between County Clerk And Administrator
  (a) With respect to meetings of the commissioners court, including meetings at which the only business conducted pertains to elections, the county clerk shall perform...
• Texas Section 31.045 - Classification Of Duties By Secretary Of State
  (a) The secretary of state shall adopt rules consistent with Sections 31.043 and 31.044 that classify the duties and functions placed on the county clerk...
• Texas Section 31.046 - Misdirection Of Document
  (a) If a document that should be filed with or submitted to the county elections administrator is mailed to the county clerk or vice versa,...
• Texas Section 31.047 - Action By Wrong Officer
  If a statute specifies that an action is to be taken by the county clerk without specifying that it is to be taken by the...
• Texas Section 31.048 - Abolishing Position
  (a) The commissioners court by written order may abolish the position of county elections administrator at any time. (b) After the effective date of an...

SUBCHAPTER C TRANSFER OF ELECTION DUTIES TO COUNTY TAX ASSESSOR-COLLECTOR

• Texas Section 31.049 - Criminal Penalties
  A statute prescribing a criminal penalty against the county clerk or the clerk's deputies or other employees for conduct relating to duties or functions transferred...
• Texas Section 31.071 - Transfer Of Duties
  (a) The commissioners court by written order may transfer to the county tax assessor-collector the duties and functions of the county clerk in connection with...
• Texas Section 31.072 - Applicability Of Other Sections
  To the extent practicable, Sections 31.043-31.047 and Section 31.049 apply to the transfer of election duties and functions under this subchapter. For this purpose, the...
• Texas Section 31.073 - Transfer Of Records
  As soon as practicable after the effective date of a transfer of duties and functions under Section 31.071, the county clerk shall transfer to the...
• Texas Section 31.074 - Appropriation By Commissioners Court
  The amount initially appropriated by the commissioners court for the duties and functions to be performed by the county tax assessor-collector under this subchapter may...
• Texas Section 31.075 - Guidelines
  The secretary of state shall prepare advisory budgetary guidelines for the performance of the duties and functions of the county tax assessor-collector that are consolidated...

SUBCHAPTER D CONTRACT FOR ELECTION SERVICES

• Texas Section 31.076 - Rescission Of Transfer Order
  (a) The commissioners court by written order may rescind an order adopted under Section 31.071 at any time after two years have elapsed from the...
• Texas Section 31.091 - Definitions
  In this subchapter: (1) "County election officer" means the county elections administrator in counties having that position, the county tax assessor-collector in counties in which...
• Texas Section 31.092 - Contract For Election Services Authorized
  (a) The county election officer may contract with the governing body of a political subdivision situated wholly or partly in the county served by the...
• Texas Section 31.0925 - Request For Services Required
  (a) This section applies only to a political subdivision: (1) that is located entirely in a county: (A) with a population of more than 500,000...
• Texas Section 31.093 - Duty To Contract
  (a) If requested to do so by a political subdivision or political party, the county elections administrator shall enter into a contract to furnish the...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E MISCELLANEOUS PROVISIONS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F JOINT ELECTIONS ADMINISTRATOR

• Texas Section 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...
• Texas Section 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...
• Texas Section 31.152 - Creation Of Position
  (a) A political subdivision seeking to create the position of joint elections administrator shall send notice requesting creation of that position to: (1) if the...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 31.165 - Division Of Certain Duties Between Officer And Administrator
  (a) With respect to meetings of the governing body of a participating entity, including meetings at which the only business conducted pertains to elections, the...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016