Texas Administrative Code
Title 1 - ADMINISTRATION
Part 4 - OFFICE OF THE SECRETARY OF STATE
Chapter 81 - ELECTIONS
Subchapter H - SURPLUS ELECTION CONTRACT FUNDS
Section 81.161 - Disbursement of Surplus Funds from Election Service Contracts under the Texas Election Code, Section
Current through Reg. 49, No. 12; March 22, 2024
(a) The Election Code, § RSA 31.100(g), states that the commissioners court may not consider the availability of the election services contract fund in adopting the budget for the office of the county election officer. Pursuant to the above section, surplus election contract funds may not be used to fund the day to day operation of the office of the county election officer. Examples of day to day expenses include, but are not limited to, duties required by statute, such as the necessary administrative personnel, office space and equipment, ballots, election kits, poll lists, and early voting and election day workers.
(b) The Election Code, § RSA 31.100(f), requires that a surplus in the county 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. Examples of expense that may be paid with surplus contract funds include, but are not limited to, any duty which is election-related but not specifically required by statute, such as polling location mailouts, travel to election seminars, purchase of voting equipment changes or upgrades, and technology upgrades for the election office (computers).
(c) If the county election officer determines that a funding request qualifies under subsection (b) of this section and should be paid from surplus election service contract funds, said request shall be made in writing to the county commissioners court. The commissioners court shall handle the county election officer's request following normal county purchasing policies and guidelines and may either approve or deny the request. In no instance may the commissioners court approve the use of surplus election contract funds without the written approval of the county election officer.
