SUBCHAPTER B. COUNTY ELECTIONS ADMINISTRATOR

Sec. 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 the creation of the position of administrator is effective.  The effective date may not be later than 12 months after the date the order is adopted.

(c)  To facilitate the orderly transfer of duties on the effective date, the order may authorize the commissioners court to employ the administrator-designate not earlier than the 90th day before the effective date of the creation of the position, at a salary not to exceed that to be paid to the administrator.

(d)  Not later than the third day after the date the order is adopted, the county clerk shall deliver a certified copy of the order to:

(1)  the secretary of state;

(2)  the comptroller of public accounts;  and

(3)  each member of the county election commission.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 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;

(2)  the county clerk, as vice chair;

(3)  the county tax assessor-collector, as secretary;  and

(4)  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.

(b)  The affirmative vote of a majority of the commission's membership is necessary for the appointment of an administrator.

(c)  Each appointment must be evidenced by a written resolution or order signed by the number of commission members necessary to make the appointment.  Not later than the third day after the date an administrator is appointed, the officer who presided at the meeting shall file a signed copy of the resolution or order with the county clerk.  Not later than the third day after the date the copy is filed, the county clerk 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.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 15, eff. Sept. 1, 1997.

Sec. 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 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 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 county election 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 county elections administrator in the time prescribed by Section 551.043, Government Code, for providing public notice.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 16, eff. Sept. 1, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 283 (H.B. 1678), Sec. 2, eff. June 17, 2011.

Sec. 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, Sec. 1, eff. Jan. 1, 1986.

Sec. 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, or hold an office of or position in a political party.  At the time an administrator becomes a candidate or accepts an office or position in violation of this subsection, the administrator vacates the position of administrator.

(b)  A county elections administrator commits an offense if the administrator makes a political contribution or political expenditure, as defined by the law regulating political funds and campaigns, or publicly supports or opposes a candidate for public office or a measure to be voted on at an election.  An offense under this subsection is a Class A misdemeanor.  On a final conviction, the administrator's employment is terminated, and the person convicted is ineligible for future appointment as county elections administrator.

(c)  In this section, "candidate" means a person who has taken affirmative action, as described by the law regulating political funds and campaigns, for the purpose of gaining nomination or election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 17, eff. Sept. 1, 1997.

Sec. 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 Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 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 the four-fifths vote of the county election commission and approval of that action by a majority vote of the commissioners court.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1341 (S.B. 1233), Sec. 9, eff. June 17, 2011.

Sec. 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 anticipated vacancy arising from a resignation to take effect at a future date may be made at any time after the resignation is accepted.

 

Hierarchy of the Elections Administrator