Primary Finance Legislative Changes and Administrative Rules

Primary Finance Legislative Changes and Administrative Rules
Texas Secretary of State Elections Division 5/29/2018 Primary Finance Legislative Changes and Administrative Rules Dan Glotzer, Amanda Grossman, Tim Juro 18th County Chair Seminar Texas Secretary of State Elections Texas Secretary of State Elections Division

Legislative changes affecting Primary $
Texas Secretary of State Elections Division 5/29/2018 Legislative changes affecting Primary $ HB 1735 Costs incurred by the county as a result of an election service contract with the party will be reported to SOS by the county and payment will be issued directly to the county This is now required for all counties that contract with a party Voting system vendors will report costs, such as ballots and programming, to SOS and will receive direct payment from SOS 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

…Legislative impact cont.
Texas Secretary of State Elections Division 5/29/2018 …Legislative impact cont. HB 1735 Voting system vendor costs ordered by the county will still be applied to the contract 10% general supervision fee Voting system vendor costs ordered by the county chair will still be applied to the 5% county chair compensation Candidate filing fees collected by state chairs that historically have been redistributed to the county chairs will now be remitted directly to SOS 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

…Legislative impact cont.
Texas Secretary of State Elections Division 5/29/2018 …Legislative impact cont. HB 1735 If a local party does not exist, a county must contract with the state party, if requested, for a statewide office, a multicounty district office, or a presidential primary election Upon request or failure to comply, the state chair may perform certain duties on behalf of the county chair Accept money, e.g., payments from the state Submit cost reports Conduct ballot drawing 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

Texas Secretary of State Election Division
Legal References Texas Election Code (“TEC”): Chapter 31, Subchapter D (election service contract provisions) Chapter 51, Subchapter B (election equipment and supplies regarding primaries) Chapter 123, Subchapter B (election equipment leases for primaries) Chapter 173 (primary finance provisions) Texas Administrative Code (“TAC”): Title I, Chapter 81, Subchapters F and G (SOS primary finance rules) 18th County Chair Seminar Texas Secretary of State Election Division

TEXAS ADMINISATRATIVE CODE (TAC) RULES
Explanation of changes: Existing TAC Rule = No changes have been proposed or the changes are stylistic or minor clarification language Amended TAC Rule = Substantive language changes have been proposed New TAC Rule = A new rule has been proposed Highlighted Text = Amended or new language 18th County Chair Seminar Texas Secretary of State Election Division

AMENDED TAC RULE – §81.101 Primary and Runoff Election Cost Reporting; Receipt of State Funds Amended pursuant the HB 1735, 85th Texas Legislature County/state chairs, county election officers, and voting system vendors must each report costs directly to SOS Each reporting entity will receive direct payment from SOS All three reporting entities will receive estimate and final payments, if necessary 18th County Chair Seminar Texas Secretary of State Election Division

AMENDED TAC RULE – §81.101 (cont.)
Texas Secretary of State Elections Division 5/29/2018 AMENDED TAC RULE – § (cont.) Primary and Runoff Election Cost Reporting; Receipt of State Funds Voting system vendors must submit data to SOS before the chair and the county election officer Vendor must indicate whether the services/materials are contracted with the chair or the county election officer SOS will apply the cost to county chair compensation or 10% general supervision fee, as applicable Non-state payable costs must be invoiced separately early voting kits and supplies, “I Voted” stickers, party convention supplies, etc. Split costs must be invoiced separately 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 5/29/2018 AMENDED TAC RULE – § (cont.) Primary and Runoff Election Cost Reporting; Receipt of State Funds Receipt of primary funds does relieve the recipient of compliance with administrative or statutory requirements Primary and runoff estimate, if applicable, are based on 75% of the approved costs Filing fees are deducted from county chair estimate SOS provides “pre-populated” estimate based on most recent comparable election Costs must be submitted via the SOS online primary finance system to receive payment (estimate and final) 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division
5/29/2018 AMENDED TAC RULE – §81.102 Election Funds Defined The primary fund consists of the following: Candidate filing fees Fees filed with the state party are now forwarded to SOS, per HB 1735 State funds Contributions made for the purposes of defraying primary expenses Income earned in the fund Any refund of money expended from the primary fund 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.103 Primary Bank Account A bank account must be established exclusively for primary funds (other funds cannot be comingled) Comptroller payments will be made payable to the county party chair, not an individuals name, via check or direct deposit Direct deposit forms are obtained from the Comptroller (link is available on SOS website) 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

EXISTING TAC RULE – §81.103 (cont.)
Texas Secretary of State Elections Division 5/29/2018 EXISTING TAC RULE – § (cont.) Primary Bank Account All checks issued from the account must include the statement: “VOID AFTER 180 DAYS” Account reconciliations completed monthly Considered part of the primary records Nominal amount may be retained to maintain the account All account information must be transferred to the incoming chair 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

EXISTING TAC RULE – §81.104 Signing Checks and Authorizing Expenses County chair or authorized agent must authorize all expenditures and sign all checks – rubber stamps and facsimile signatures cannot be used The chair must sign all checks for the following: Amounts of $1,000 or greater Payroll for administrative personnel Payments to sole-source vendors 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.105 Payee of Checks Checks shall be paid to a person or entity Checks may be made payable to the chair for the following: Petty-cash fund Seminar travel reimbursement Personal loans to the primary fund to cover eligible expenses County chair compensation consistent with § , TEC Checks shall not be issued from the primary fund for: Contributions to the party Reimbursement of payments made by an election judge to election workers 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.106 Deposits The chair, or an authorized agent of the chair, must: Deposit all filing fees, contributions, and miscellaneous receipts into the primary fund Maintain an itemized list detailing the funding source of all deposits, including candidate filing fees The SOS will verify the itemized list of candidate filings against the data reported pursuant to §81.112, TAC (List of Candidates and Filing Fees) 18th County Chair Seminar Texas Secretary of State Election Division

AMENDED TAC RULE – §81.107 Primary Fund Records The chair must preserve all primary fund records until the later of: 22 months following the primary elections; or the conclusion of any relevant litigation or official investigation Per HB 1735, all costs and supporting docs shall be submitted to SOS no later than August 31, 2018 Funds should not be returned until SOS approval 18th County Chair Seminar Texas Secretary of State Election Division

Primary Fund Records Chair must submit supporting documents prior to approval of the final cost report: Receipts All Monthly Bank Statements Bills Electronic Bookkeeping Records (i.e. Quicken or Quickbooks) Invoices Any other related materials Contracts Competitive Bids Petty-cash Receipts for Items and Services Over $500 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.108 Transfer of Records ALL primary records must be turned over to the incoming chair within 30 days of his or her term Texas Election Code § provides a criminal penalty for failure to transfer records to the new county chair County executive committee shall appoint a custodian of the records in the event of a vacancy 18th County Chair Seminar Texas Secretary of State Election Division

Transfer of Records Incoming chair or the appointed custodian and the outgoing chair must coordinate the completion of the primary finance reporting process Including disbursement of the county chair compensation It is the responsibility of the individual with access to the primary fund established pursuant to § , TAC, to ensure final payment(s) are made and the primary fund is properly closed out 18th County Chair Seminar Texas Secretary of State Election Division

AMENDED TAC RULE – §81.109 Costs not Payable with Primary Funds Activities not required by law Expenses incurred in connection with a convention of a political party Any food or drink items Stationery not related to the conduct of the primary election Costs associated with voter-registration drives or get- out-the-vote campaigns 18th County Chair Seminar Texas Secretary of State Election Division

Costs not Payable with Primary Funds Election notices, except for public testing announcements Early voting costs, except for ballots and early voting ballot board costs 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 (§43.033, TEC) Election worker compensation to attend training 18th County Chair Seminar Texas Secretary of State Election Division

Costs not Payable with Primary Funds Costs for training material available through the SOS Duties a county election officer is statutorily required to perform as well as salaries of county personnel during regular business hours Voting by mail kits and postage related to mail ballots Purchases of MBBs/PEBs or other voting system items transferable to other elections 18th County Chair Seminar Texas Secretary of State Election Division

Costs not Payable with Primary Funds County-owned equipment where there is no statutory authority to charge for said equipment including, but not limited to: Voting booths and ballot boxes, electronic poll books, removable voting system components, vehicles, etc. 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 sign that refers to a candidate or measure on the ballot 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 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.110 Fidelity Bond May be purchased for an individual who handles receipt or expenditure of primary funds Amount should be based on the estimated amount of funds collected and disbursed from November 1 to the last day of the month in which the final primary election occurs, not to exceed $50,000 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.111 Start Up Loans May be acquired to defray the cost of the primary election prior to receiving payment from the state Interest paid on a startup loan is not payable with primary funds 18th County Chair Seminar Texas Secretary of State Election Division

AMENDED TAC RULE – §81.112 List of Candidates and Filing Fees Chairs shall file electronically with SOS the following candidate information as shown on a received primary election ballot application, where applicable: the name of the candidate the candidate’s public mail and address the candidate’s address whether the candidate paid a filing fee or filed a petition the date the candidate filed the application amount of the filing fee the candidates phone number status of the candidate 18th County Chair Seminar Texas Secretary of State Election Division

List of Candidates and Filing Fees Chair shall submit a candidate’s information and a notation of each candidate’s status Not later than 24 hours after the chair completes the review of the candidate's application in accordance with § , TEC By not later than the 8th day after the regular filing deadline, the chair shall submit a candidate’s information and a notation concerning the candidate’s status for all candidates who filed in accordance with § , TEC 18th County Chair Seminar Texas Secretary of State Election Division

List of Candidates and Filing Fees State chair shall notify the applicable county chairs that candidate information has been submitted for all candidates in accordance with § and § , TEC County chair shall notify the applicable county clerk that candidate information has been submitted for all candidates in accordance with § , TEC 18th County Chair Seminar Texas Secretary of State Election Division

List of Candidates and Filing Fees State chair may enter data on behalf of the county chair County chair shall notify state chair of replacement nominees Chair shall submit electronic affidavit associated with final list of candidates Combination of electronic certification of canvass results and electronic submission of replacement nominees The SOS is only responsible for providing electronic means to accept data and display the information publicly on its website – the SOS does not verify or alter data 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.113 Misuse of State Funds SOS shall refer any misuse or misappropriation of primary funds to the appropriate prosecuting authority, which may include the Texas Attorney General Includes failure to submit a final cost report 18th County Chair Seminar Texas Secretary of State Election Division

AMENDED TAC RULE – §81.114 Conflicts of Interest Primary funds cannot be paid personally to the chair 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. Exceptions: Election Day Workers Incidental Administrative Costs County Chair Compensation Discounted expenditures, such as a reduced rate for leasing space, is NOT an exception 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.115 Requirement for Competitive Bids for Services or Products Purchases of $2,000 or less do not require competitive bids (minimum of three bids) Purchases cannot be divided to avoid $2,000 threshold Competitive bids are required for aggregate purchases from a single vendor that totals more than $2,000 Documentation must be maintained and submitted with the final cost report for “sole source” bids (e.g. only one vendor was available) 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.116 Estimating Voter Turnout The formula for estimating voter turnout is: (A x B) + C = D A = The percentage of voter turnout for the office that received the most votes in the most recent comparable election B = The number of registered voters as of October preceding the primary C = 25% of the number resulting when you multiply A x B D = Estimated Turnout If the pre-populated cost estimate is accepted, an estimate is not needed for voter turnout 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.117 Number of Election Workers Per Polling Place 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.118 Flex Scheduling of Precinct Workers The county chair has the flexibility to determine the exact number of workers needed for each polling location The chair may assign election workers to work in shifts 18th County Chair Seminar Texas Secretary of State Election Division

AMENDED TAC RULE – §81.119 County Chair Compensation County chair compensation will be: No less than $300, or five percent of the total expenses incurred conducting the primary up to $8,000 The following items will not be factored into the chair’s compensation: Legal Fees Contracted costs incurred and reported to SOS by the County Election Officer 18th County Chair Seminar Texas Secretary of State Election Division

Texas Secretary of State Elections Division 5/29/2018 AMENDED TAC RULE – § (cont.) County Chair Compensation County chair compensation will not be authorized until the final cost report is approved and all bills have been paid Chair shall be paid with a check drawn on the county’s primary fund account Chair that does not submit the final cost report by August 31 will forfeit his or her county chair compensation 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.120 Compensation for Election-Day Workers State will compensate the following at $8 per hour: Polling-place judges and clerks, early-voting-ballot board members, and central counting station judges and clerks State will compensate the following at a higher rate but not more than county staff for comparable work: Technical support personnel at the central counting station (appointed under Texas Election Code §§ , , or ) 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 5/29/2018 EXISTING TAC RULE – § (cont.) Compensation for Election-Day Workers Judges and clerks may be paid only for the actual time spent on election duties performed in the polling place or central counting station Chair is authorized to: Allow one election worker from each polling place up to one hour before election day to annotate the precinct list of registered voters Pay members of the early voting ballot board 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 5/29/2018 EXISTING TAC RULE – § (cont.) Compensation for Election-Day Workers Members of the early voting ballot board may be compensated only for actual hours worked up to $8.00 per hour Members may reconvene to process provisional or late ballots, which must be completed not later than the 7th day after the primary or primary runoff elections Chair may pay $15 for one election worker per polling place and the early voting ballot board to deliver and pick up the election records, equipment, and unused supplies Chair may not pay an election worker for travel time, delivery of supplies, or attendance at the precinct convention 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.121 No Compensation for Schools Training materials may be ordered free of charge from SOS (Call , press “4”) Materials available through the SOS are not reimbursable if purchased from another source Online poll worker training is also available No reimbursement for costs associated with attending election schools (other than this seminar) 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.122 Personnel Payroll Taxes and Benefits The chair must follow all applicable federal and state laws with respect to payroll taxes Primary funds may not be used to pay penalties resulting from non-compliance All tax forms must be maintained with the primary records Group medical, dental, life insurance or retirement benefits may NOT be paid with primary funds 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.123 Admin Personnel and Overall Admin Costs Limited Administrative personnel are non-election day workers and are not required for the conduct of the primary elections Administrative personnel costs include, but are not limited to, polling location services, ballot ordering, and secretarial services Administrative personnel may be compensated for a period not earlier than November 1 to the last day of the month in which the final primary election occurs 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

EXISTINGTAC RULE – §81.123 (cont.)
Texas Secretary of State Elections Division 5/29/2018 EXISTINGTAC RULE – § (cont.) Admin Personnel and Overall Admin Costs Limited Other administrative costs chargeable to the primary fund include: office rental telephone and utilities office supplies printing computer one every other primary (excluded from admin cap) bank fees (excluded from admin cap) 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 5/29/2018 EXISTING TAC RULE – § (cont.) Admin Personnel and Overall Admin Costs Limited The following limits apply to total administrative costs: 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.124 Number of Ballots Per Voting Precinct Chair shall determine the number of ballots based on estimated voter turnout as determined pursuant to §81.116 Number of ballots cannot be less than the estimated turnout Total number ordered cannot exceed the total number of registered voters in the precinct Ballot supply should not be limited so as to impede the voting process or jeopardize voting rights 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.125 DREs/Precinct Counters Per Precinct DRE/Precinct Counter formula: 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 5/29/2018 EXISTING TAC RULE – § (cont.) DREs/Precinct Counters Per Precinct Chair may request approval for additional units if the formula amount is inadequate Pursuant to federal law, EVERY polling location must have an accessible voting unit Each party will need to consolidate county election precincts in accordance with §42.009, TEC, if insufficient number of voting units needed for separate elections OR Preferably, the parties agree to a joint primary under § , TEC 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.126 Reimbursement for Seminar Actual travel expenses to attend the Election Law Seminar for County Chairs may be reimbursed The following costs are reimbursable: Mileage (if driving personal vehicle) to Austin from county seat using mileage rate approved by Comptroller Airfare and airport transfers Airport parking Lodging (up to state approved rate) 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 5/29/2018 EXISTING TAC RULE – § (cont.) Reimbursement for Seminar Tips and gratuities may not be reimbursed Actual receipts must be submitted for reimbursement Requests for reimbursement must be made no later than 60 days after the seminar 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.127 Office Equipment and Supplies Conflict of interest rules apply Businesses must have been in business at least 18 months with 3 other clients and on file with the SOS or locally Purchase of supplies must be reasonable and/or necessary Single purchases of equipment may not exceed $1,500 Equipment belongs to the county party and must be transferred to the next county chair Notary public expenses are not reimbursable 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.128 Telephone and Postage Necessary telephone and postage costs incurred for administration between November 1 to the last day of the month in which the final primary election occurs 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 AMENDED TAC RULE – §81.129 Office Rental Rental expenses incurred for administration of the primary from November 1 to the last day of the month in which the final primary election occurs Rental of office space is not required Office space must be procured from a regularly rented commercial building Rent may not exceed fair market rate for comparable space in the area 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 5/29/2018 AMENDED TAC RULE – § (cont.) Office Rental Unless required by the lease, janitorial services, parking and signage are not reimbursable Conflict of interest rules apply Discounted leases are NOT an exception Copies of 3 competitive bids and the lease agreement must be submitted with the final cost report Up to 30% of the monthly rental cost if the party normally maintains office space (unrelated to the conduct of the primary) Same limitation for utilities 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.130 Use of County-Owned Equipment $5 for each unit of tabulating equipment and $5 for each complete unit which makes up a voting device Actual expenses incurred by the county providing support services related to the equipment Transportation, equipment prep, programming, etc. Work during normal work hours and statutory responsibilities of the county are not payable with primary funds Primary funds may not be used for county-owned equipment, including, but not limited to, ballot boxes and voting booths, unless authorized by statute 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 AMENDED TAC RULE – §81.131 Contracting with the County Election Officer SOS provides a “Model Contract” The model contract may be adjusted as needed but should stipulate what costs are payable with primary funds and which entity will incur the charge Chair and county election officer shall each report costs to SOS and receive direct payment per HB 1735 Costs reported by the chair will be applied to the county chair compensation calculation Costs reported by the county election officer will be applied to the 10% “general supervision fee” calculation 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 5/29/2018 AMENDED TAC RULE – § (cont.) Contracting with the County Election Officer Contract may not allow for: Reimbursement of training of election workers or training material available through the SOS Salaries of personnel regularly employed by the county Duties the election officer is statutorily required to perform Flat fees for services unless a methodology is documented Up to 10% of annual licensing and maintenance fees for software to create the ballot style and program voting machines 10% “general supervision fee” for services contracted with a 3rd party that charges a surcharge or admin fee 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.132 Early Voting: Paid by County County pays most costs associated with early voting (early voting election kits, workers, voting by mail, postage, etc.) Exceptions: Early voting ballots Early voting ballot board 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.133 No Charge for Public Building; Political Convention A public building used as a polling place or central counting station if the building is normally open for business on election day must be made available free of charge Includes a charge for personnel, utilities, or other expenses incurred before or after regular business hours Costs for use of a building for a party convention are not payable with primary funds 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.134 Legal Expenses County chairs may contact the Elections Division for legal advice free of charge. (Toll Free: , option 2) What is covered? Litigation regarding a candidate's name on the Primary Election ballot after the chair either rejected the candidate's application or declared the candidate ineligible Litigation that seeks to exclude a candidate's name from the Primary Election ballot after the chair declined to do so Not sure? Call us. 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

Texas Secretary of State Elections Division 5/29/2018 EXISTING TAC RULE – § (cont.) Legal Expenses How do I get reimbursed? Written Notice Pleadings and court documents Invoices When do I submit my request? Provide notice to our office within 30 days of service of process As soon as the case becomes final, submit all invoices and court documents 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 AMENDED TAC RULE – §81.135 Procedures for Counties without Party Leadership Absent a county chair or temporary executive committee, state chair may contract with the county election officer The county election officer must contract if requested Only races for statewide office, multicounty district office, or a presidential primary election Terms of the contract must be consistent with §81.135, TAC 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 NEW TAC RULE – §81.136 Procedures Upon Request or Failure to Comply State chair may accept funds and pay bills on a county chair’s behalf State chair may perform the following duties upon county chair request or failure to perform: Submit required cost reports to SOS Conduct the ballot drawing 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.146 Applicability of Other Rules Except for areas of conflict, the general primary finance rules governing primary elections also apply to joint primaries 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.147 County Election Officer to Conduct Joint Primary County election officer supervises a joint primary Duties include: appointing election judges and clerks Determining ballot format and type of voting system Securing election equipment and supplies 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.148 Appointment of Election Officers County election officer duties include: Make appointments of co-judges, co-alternate judges, and clerks Based on lists submitted by each county chair no later than the 2nd Monday in December Ensure party balance in selection of workers If the total number of individuals on the EVBB or at central count is an odd number: Appoints an additional member from the party whose candidate for governor received the highest number of votes in the county in the most recent gubernatorial race 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.149 Number of Election Workers per Joint Polling Place 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.150 Qualifications of Co-Judges Must be a qualified (registered) voter of the precinct in which serving Relatives and employees of opposed candidates on the ballot are ineligible to serve as election workers If a candidate is unopposed and not the incumbent, he or she may work in the polling place A candidate may work in the polling place if he or she is not on the ballot in that precinct 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

5/29/2018 EXISTING TAC RULE – §81.151 Authority of Co-Judges Co-judge may only process provisional voters from the judge’s own party in the polling place and during early voting ballot board Co-judge may only determine voter’s intent on an irregular ballot cast by voter from judge’s own party 18th County Chair Seminar Texas Secretary of State Election Division Texas Secretary of State Elections Division

EXISTING TAC RULE – §81.152 Estimating Voter Turnout The formula for estimating voter turnout is: (A x B) + C + D = E A = The percentage of voter turnout for the office that received the most votes in the most recent comparable election B = The number of registered voters as of October preceding the primary C = 25% of the number resulting when you multiply A x B D = Other party’s estimated turnout figure E = Estimated Turnout for Joint-Primary Election 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.153 Delivery of Election Records and Supplies Co-judge from the party whose candidate for governor received the highest number of votes in the precinct in the most recent governor’s race: Delivers the election supplies/DRE (if sharing voting systems) That co-judge may designate the other party’s co-judge to deliver the ballot box and/or DRE. Paper ballots are returned by each party’s co-judge 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.154 Delivery of Election Records and Supplies County election officer prepares distinguishable ballots in a joint primary Different colored paper may be used, but not yellow Only sample ballots may be on yellow paper 18th County Chair Seminar Texas Secretary of State Election Division

AMENDED TAC RULE – §81.155 Returning Surplus Funds Surplus funds must be returned to SOS by the county chair and county election officer, if applicable, not later than August 31: Following final payment of necessary expenses for conducting the joint primary elections Upon SOS approval of all final costs §81.113, relating to Misuse of State Funds, applies 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.156 Liability of County Election Officers County election officer is not liable, in an official or individual capacity, for debts related to the conduct of the joint primary incurred by the county executive committee or county chairs resulting from insufficient appropriations 18th County Chair Seminar Texas Secretary of State Election Division

EXISTING TAC RULE – §81.157 Joint-Primary Contract w/ the Co. Election Officer If a joint primary is approved: County election officer shall supervise the primary and runoff elections, as applicable, in accordance with § , TEC County chair of each political party and election officer shall enter into an election services contract Rules set forth in §81.131, relating to Contracting with the County Election Officer, apply to the contract 18th County Chair Seminar Texas Secretary of State Election Division

Primary Finance Legislative Changes and Administrative Rules

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