Texas Administrative Code

(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 §31.004 of the Texas Election Code. (Attorneys with the…

(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 t…

(a) The state chair may, with the consent of the secretary of state and the county executive committee, if one exists for the county, accept money into the state primary fund on behalf of a county party. The state chair must keep records to track the money that is attributable to…

(a) Consistent with the intent of §81.12 of this title (relating to Applicable Sections of the Texas Election Code) Chapter 19 funds may not be used to fund the normal day-to-day operation of the voter registrar's office, which include statutory duties required by the Election Co…

Except for areas of conflict, the general-primary-finance rules of Subchapter F of this chapter (relating to Primary Elections) apply to the conduct of joint primaries.

(a) Pursuant to §172.126(a) of the Texas Election Code, the county election officer shall supervise the overall conduct of joint primary elections. (b) The county election officer is responsible for: (1) appointing election judges and clerks; (2) determining the ballot format and…

(a) Upon receipt of the lists of names of election judges and clerks from each county chair not later than the second Monday in December, the county election officer shall select co-judges, co-alternate judges, and appoint clerks (if applicable) for each precinct. (These selectio…

(a) The county election officer shall use the table set out in the following figure, to determine the number of election workers allowable for each joint polling place. (b) Each polling place shall have no less than one co-judge from each party and one clerk from each party. (c) …

(a) After June 1 of each year funding becomes available to the counties as defined in §19.002 of the Election Code and remains available for 27 months, expiring on August 31. However, the Comptroller imposes a deadline prior to August 31 for any documents or transactions for expi…

The presiding co-judge and alternate co-judge must be a qualified voter of a precinct that is included in the consolidated or combined precincts in which they are serving.

(a) A co-judge may only process provisional voters from the judge's own party. (This applies to the provisional process at the polling place.) (b) A co-judge may only determine a voter's intent on an irregularly marked ballot cast by a voter from the co-judge's own party. (This l…

(a) Each county chair shall estimate voter turnout for each precinct using the formula set out in the following figure. Attached Graphic (b) The county election officer shall combine the turnout estimates provided by each party chair for each joint-primary precinct. (c) The count…

(a) In joint precincts using an electronic voting system in which only one ballot box or only one voting unit is used, the co-judge from the party whose candidate for governor received the highest number of votes in the precinct or consolidated precinct in the most recent guberna…

The county election officer shall prepare ballots in a joint primary so that each party's ballots are easily distinguishable. The county election officer may use different colors of paper in order to achieve this distinction. (Note: Yellow paper may not be used. Only sample ballo…

Following final payment of necessary expenses for conducting the joint primary elections, not later than August 31 of the year in which the primary elections occur, and upon the SOS approval of all final costs, surplus primary funds shall be remitted to the SOS. If a final cost r…

The county election officer is not liable, in his or her official or individual capacity, for debts related to the conduct of a joint primary incurred by the county executive committee or county chairs resulting from an insufficient legislative appropriation.

(a) If a joint primary is approved, the county election officer shall supervise the primary and runoff elections, as applicable, in accordance with §172.126 of the Texas Election Code. (b) The county chair of each political party and election officer shall enter into an election …

(a) The Agency shall prescribe an electronic web-based application format for the submission of Chapter 19 Purchase Request for use by each county voter registrar. (b) If a Chapter 19 Purchase Request is received by the Agency seeking funding which is not allowable under the Texa…

(a) The Election Code, §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…

Except for the purchase of voter registration advertising and temporary staff the voter registrar shall submit bids for the purchase of items or services to be paid for with Chapter 19 funds according to the following guidelines: (1) No competitive bids for individual purchases o…

(a) Definitions. In this section: (1) "HAVA" means the federal Help America Vote Act. (2) "Party or Parties" means the person making the complaint and any political subdivisions, officer-holders, or individuals against whom the complaint is being alleged. (3) "Secretary of State"…

(a) At all elections, the following individuals shall be eligible to cast a provisional ballot. (1) A voter who does not provide an acceptable form of identification described by §63.0101 of the Texas Election Code (the "Code"), regardless of whether the voter presents a valid vo…

(a) Polling Place Preparation. (1) If using optical scan or regular paper ballots, the election judge shall set aside a sufficient number of regular ballots from the supply of official ballots and write or stamp "provisional" on the back of the ballot (referred to as "provisional…

(a) Transfer of Early Voting Provisional Ballot Affidavit Envelopes during Early Voting Period. (1) During the early-voting-by-personal-appearance period, upon the request of the voter registrar, the general custodian of election records may request that the early voting clerk, a…

(a) Deadline to Complete Review. (1) Except as provided in paragraph (2) of this subsection, the voter registrar shall complete the review of the Provisional Ballot Affidavit Envelopes no later than the sixth calendar day after election day. (2) For an election held on the date o…

(a) Early Voting Ballot Board defined for purposes of provisional ballot review. The authority appointing the Early Voting Ballot Board may determine which members of the board will review and count the provisional ballots. The entire Early Voting Ballot Board is not required to …

A Chapter 19 Purchase Request shall not be processed for payment without the written or electronic approval of the Election Funds Manager and the Director of Elections.

(a) All payments made from Chapter 19 funds will be issued on a reimbursement basis. (b) Payments issued by the Comptroller of Public Accounts will be payable to the county, in the form of direct deposit to a new or pre-existing bank account as directed by the voter registrar. (1…

Volunteer deputy registrars may distribute and collect official voter registration applications from registered voters in order to make a change of information or request a replacement certificate. The volunteer deputy must ensure that the voter indicated on the application which…

(a) The Board shall file a docket request with the State Office of Administrative Hearings (SOAH) for any enforcement or other case requiring a formal hearing. (b) All hearings shall be conducted in accordance with the Administrative Procedures Act (Texas Government Code Chapter …

(a) Items and equipment purchased with Chapter 19 funds are the property of the county. (b) The county is responsible for the upkeep and maintenance of such items and equipment through adequate property management practices. (c) If items or equipment that were originally purchase…

(a) All supporting documentation must be maintained at the county level and made available to the Agency upon request for three (3) state fiscal years after the fiscal year in which the funding lapses. (b) Supporting documentation that must be maintained by the county includes bu…

The Commissioners Court must budget for the adequate staffing of the voter registrar's office. Chapter 19 funds may be used for temporary personnel when exigent circumstance arise beyond the staffing resources budgeted by the Commissioners Court. (1) Permanent full-time and part-…

(a) Chapter 19 funds may be used to pay travel expenses incurred by the voter registrar and full-time permanent voter registration staffers to attend voter registration and/or election administration seminars and demonstrations that directly advance voter registration efforts. (b…

Membership dues to groups or associations are payable with Chapter 19 funds only if the group's or association's activities or mission directly involve voter registration.

(a) Pursuant to §81.12 of this title (relating to Applicable Sections of the Texas Election Code), efforts to increase the number of registered voters in the county are payable with Chapter 19 funds. (b) Voter registration drive efforts include but are not limited to mailouts of …

(a) Chapter 19 funds may be used for the purchase and initial installation of technological improvements for the voter registration office. (b) "Technological improvements" include but are not limited to computer hardware, printers, and computer training. Computer programs and so…

(a) Chapter 19 funds may be used for the purchase of electronic office equipment. (1) Examples of "electronic office equipment" include but are not limited to copiers, fax machines, optical imaging systems, electronic retriever file systems and typewriters. (2) Examples of office…

The NVRA amends the Texas Election Code, §19.004, to allow expenses incurred by the voter registrar in implementing and conducting the duties required by this act to be payable with Chapter 19 funds. Examples of payable expenses under the NVRA include but are not limited to compu…

Failure to adhere to these rules may result in the denial of reimbursement from Chapter 19 funds.

The date of submission of a completed voter registration application form for purposes of a name or an address change to a volunteer deputy registrar is considered to be the date of submission to the volunteer deputy registrar for purposes of determining the effective date of the…

(a) Governance. (1) Chairman. (A) At the first regularly called meeting of each state fiscal year, the commission shall elect a chairman from among the members of the commission. (B) Either appointed or ex officio members shall be eligible to serve as the chairman. (C) In the eve…

(a) The Board of Trustees may approve a health maintenance organization (HMO) to offer a health care services plan to participants in the GBP. The Board of Trustees may: (1) utilize a bidding process to approve one or more HMOs in areas of the state determined by the Board of Tru…

Where absentee voting is conducted on voting machines, the absentee voting clerk shall seal such machines at the close of each day's voting in the presence of poll watchers, if any, and such seal shall be broken by the clerk in the presence of poll watchers, if any, the following…

The secretary of state shall prescribe any procedures necessary to implement this section and ensure that the conduct of a student mock election does not affect the proper and efficient conduct of a general, special, or primary election. (1) A student mock election may be ordered…

A list of declared write-in candidates shall be mailed with the other balloting materials to voters voting early by mail in the general election for state and county officers and all other elections that require candidates to file a declaration of write-in candidacy in order to h…

The presiding judge of the early-voting ballot board shall convene the board between the third and fifth day after election day to count late early-voted ballots cast from outside the country and placed in delivery by 7:00 p.m. on election day, so that the governing body of the t…