Texas Register

TITLE 1 ADMINISTRATION
PART 4OFFICE OF THE SECRETARY OF STATE
CHAPTER 81ELECTIONS
SUBCHAPTER FPRIMARY ELECTIONS
RULE §81.107Primary-Fund Records
ISSUE 11/08/2019
ACTION Proposed
Preamble Texas Admin Code Rule

(a)The county chair shall preserve all records relating to primary-election expenses until the later of:

  (1)22 months following the primary elections; or

  (2)the conclusion of any relevant litigation or official investigation.

(b)In order to receive approval of a final cost report, the county chair shall transmit copies of receipts, bills, invoices, contracts, competitive bids, petty-cash receipts for items and services and copies of all monthly bank statements, electronic bookkeeping records (i.e., Quicken or Quickbooks) or check register, and any other related materials documenting primary-fund expenditures. Purchase requisitions are not considered receipts and may not be remitted as such. The SOS reserves the right to request all receipts and related documentation.

(c)Unless otherwise provided by the SOS, not later than August 31 of the year in which the primary elections occur, the county chair shall:

  (1)comply with all final cost reporting requirements;

  (2)return all unexpended and uncommitted primary funds upon SOS approval of the final cost report.

(d)Failure to comply with subsection (c) of this section may result in forfeiture of county chair compensation as stipulated in §81.119 of this chapter (relating to County Chair's Compensation).

(e)[(d)] If the chair does not file a final cost report, the matter may be reported to the Attorney General's Office for misappropriation of funds in accordance with §81.113 of this chapter (relating to Misuse of State Funds).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 28, 2019

TRD-201904003

Adam Bitter

General Counsel

Office of the Secretary of State

Earliest possible date of adoption: December 8, 2019

For further information, please call: (512) 463-5650



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