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(a)"Administrative Personnel" means a non-election-day
worker.
(b)The employment of administrative personnel is not
required for the conduct of the primary elections.
(c)Pursuant to §81.114 of this chapter (relating
to Conflicts of Interest), no member of the county chair's family
may be paid an administrative salary from primary funds.
(d)If administrative personnel are utilized, salaries
or wages for such personnel are payable from the primary fund for
a period beginning no earlier than November 1 immediately preceding
the primary election and ending no later than the last day of the
month in which the primary election or runoff primary election, if
applicable, is held.
(e)If the county chair contracts with third parties
or the county election officer for election services, the overall
administrative personnel costs to be submitted to the SOS for reimbursement
cannot include administrative expenses provided by third parties or
a county election officer. (Administrative personnel costs include,
but are not limited to, polling location services, ballot ordering,
and secretarial services.)
(f)The SOS may disallow full payment for administrative
personnel if it is determined that the contracting county election
officer substantially performed the conduct of the election.
(g)Other administrative costs chargeable to the primary
fund include office rental, telephone and utilities, office furniture
and equipment rental, computer purchase, office supplies, and bank
fees.
(h)In addition to the limitations set forth in the
Texas statutes and Subchapters F and G of this chapter of the Texas
Administrative Code, including but not limited to §§81.127,
81.128, and 81.129 of this chapter (relating to Office Equipment and
Supplies, Telephone and Postage Charges, and Office Rental), the funding
caps illustrated in Figure: 1 TAC §81.123(h) apply to the total
administrative expenses a county chair may charge to the primary fund.
Attached Graphic
[Figure: 1 TAC §81.123(h)]
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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