texas secretary of state elections division133rd sos election law seminar election funds management...

Texas Secretary of State Elections Division 133rd SOS Election Law Seminar

Election Funds ManagementTexas Secretary of State

Primary Financing

Primary Finance OverviewState primary funds are issued to County Chairs

overseeing the conduct of primary elections every two years, in accordance with Chapter 173

of the Texas Election Code.

33rd SOS Election Law Seminar Texas Secretary of State Elections Division 2

Texas Secretary of State Elections Division 3

Primary Finance Overview

• The primary election funds include:– Local and state-level filing fees– State primary funds– Miscellaneous contributions

33rd SOS Election Law Seminar


The state funds between 75 and 80 percent of the primary election costs (approximately $12MM is the typical state contribution).


Primary Finance OverviewThe Secretary of State initially distributes funding to

the County Chairs based on estimated costs. Seventy-five (75%) of the approved estimated cost

is advanced to the chair.

After the primary and runoff, chairs remit a final cost report of actual expenses which decides

whether additional funds are either due to the chair or surplus funds are returned to the state.



Most county parties contract with the county to lease voting equipment as well as other election

services.


Legislative, Rule, and Funding Changes

• SB 1073, 84th Tx Leg, requires the chairs to electronically submit to the SOS a list of all candidates that file to be on primary ballot and include a status for each candidate.

• SB 1448 , 84th Tx Leg, requires the county election officer to contract with the state chair if requested in a county without county party leadership.


Legal References• Texas Election Code:• 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:• Title I, Chapter 81, Subchapters F and G (SOS primary

finance rules)


Early Voting

The only reimbursable costs for early voting are ballot costs and expenses related to the early

voting ballot board.

The county pays all other costs associated with early voting (early voting election kits, workers,

voting by mail, postage, etc.).


Allowable Costs The county may only charge for actual costs

necessary and directly related to the primary.

Examples of actual expenses: transporting, preparing, programming, and testing the

necessary equipment, as well as for staffing the central counting station outside of normal work

hours.


A county may charge $5 for each unit of tabulating equipment or electronic voting system equipment

installed at the polling location.If a joint primary is held, then only $2.50 will be

reimbursed to each party per unit.


Allowable Costs

No charge may be made for a public building used as a polling place or central counting station if the building is normally open for

business on election day.


Allowable Costs

Allowable Costs• Reimbursement for precinct workers on election day,

early voting ballot board, and provisional/late ballot board may not exceed $8 per hour. However, the county may choose to pay the workers market rate and absorb the difference.

• Technical personnel, including central count, may be paid more than $8 per hour, but may not exceed the market rate.– e.g., If county personnel is used outside of normal work

hours, the compensation may not exceed the rate of pay to county staff for comparable work.


Election judge or clerk who delivers and picks up the election records and supplies may be paid

$15 per polling location.

Election judges and clerks my only be compensated for actual time spent at the polling

location.


Allowable Costs

Unallowable Costs• Election worker compensation to attend training• Costs for training material available through the

SOS• Salaries of county personnel during regular

business hours• Duties the Election Officer is statutorily required

to perform• Costs associated with voter-registration drives or

get-out-the-vote campaigns, including mass mail-outs and phone banks


Unallowable Costs• Election notices, except for L&A testing

announcements• Voting by mail kits and postage related to mail

ballots• Purchases of MBB’s/PEB’s or other voting

system components transferable to other elections

• Voting booths and ballot boxes owned by the county

• Any food or drink items33rd SOS Election Law Seminar Texas Secretary of State Elections Division 16

Election Services Contract Fund The following county Election Officer duties are required by statute and may not be included for compensation in an election services contract:– The filing of Title 15 reports– Custodian of election records– Conducting early voting (ballots, including

programming, and early voting ballot board expenses are payable from the primary fund)


Election Services Contract FundSOS supplies a “Model Contract” that must be

signed by the chair and the county election official. An itemized list of estimated costs must

be provided.


SOS supplies a “Model Invoice” for counties to use. If the

county chooses to use their own invoice, be sure to include the elements listed in the SOS

Invoice.

Funds received as a result of an election services contract must be deposited in a separate fund in

the county treasury.

Only actual expenditures may be paid from the contract fund (excess funds received must be

returned to the chair).

A 10% general supervision fee may be assessed to the contract costs.


Election Services Contract Fund


Election Services Contract Fund

• Commissioners Court:– Expenditures from the fund do not require

budgeting or appropriation– May not consider the availability of the election

services contract fund in adopting the county budget for the election office

• Claims against the fund shall be audited and approved in the same manner as other claims against the county.


Joint Primary• Joint primaries are strongly encouraged• Election Officer supervises the election• A joint resolution must be signed by both

parties, a majority of the commissioners court, and the county election officer

• Sharing polling locations and equipment without a joint resolution does NOT qualify as a joint primary

• Election costs are split between each party



2016 Primary Finance Online System• Cost estimates and final cost reports are

submitted via an electronic tool prescribed by SOS.

• Supporting documentation for final cost reports need to be submitted in hardcopy format or scanned electronic files:– Uploaded directly to the PriFi system– Submitted via email: [email protected]– Faxed to 512-463-7552– Mail


mailto:[email protected]

2016 Primary Finance Online System• Only county chairs will submit information

using the electronic system prescribed by SOS.

• Chairs will be able to submit cost data and supporting documents immediately after the primary and runoff elections, if applicable.– Allows SOS to approve costs as they are incurred– Relieves bottleneck of final cost reports– Payment will not be issued until all costs are

submitted and marked as final


Payment• State funds are paid directly from SOS– Counties must seek reimbursement from the chair

• Candidate filing fees are received directly by county chairs

• Direct deposit of funds available for counties over 100k population


Statistics

Election Officer should be aware of the data to record and report to SOS.

Data varies greatly from county to county based on population and level of party activity.


• Our target dates:– Estimates will be accepted in October– Funds will be made available November 1st– Final Cost Reports are due 30 days after the

primary or runoff, as applicable– Party chairs are required to have the primary

finance account reconciled and all surplus funds returned to the state no later than July 1 of they year the primary was conducted


2016 Primary Finance Dates

Election Funds Management Team

1-800-252-2216 (Opt 3)512-463-5966 (Direct)

http://www.sos.state.tx.us/elections/funds/index.shtml• Dan Glotzer• Mary Eliasen• Amanda Grossman


http://www.sos.state.tx.us/elections/funds/index.shtml

http://www.sos.state.tx.us/elections/funds/index.shtml

texas secretary of state elections division133rd sos election law seminar election funds management...

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