Overview
The County Commissioners Court is the governing body of Texas counties. With regard to election administration, the County Commissioners Court is responsible for appointing election judges, conducting the county canvass, and issuing certificates of election to winning candidates. In this and other duties it typically delegates the majority of day-to-day county management to department heads. For the management of elections, this individual is the County Elections Administrator.
Note: A quorum of three out of the five members is required for the County Commissioners Court to conduct most business. Tex. Local Gov’t Code § 81.006(a). However, only two members of the County Commissioners Court must be present to constitute the quorum necessary to conduct the county canvass. Tex. Elec. Code § 67.004(a).
Election-Related Duties
The key election duties of the County Commissioners Court are:
- Filling vacancies, via majority vote of the members present, in several county offices, including the County Judge and County Clerk. Tex. Local Gov’t Code § 87.041.
- Creating [2] the position of the County Elections Administrator to oversee county elections at the county election department (in all counties except Harris County – Houston). Tex. Elec. Code § 31.031.
- (County Judge) Serving on the County Election Commission and voting on the appointment of the County Elections Administrator. Tex. Elec. Code § 31.032.
- Suspending or terminating the employment of the County Elections Administrator for "good and sufficient cause" via a 4/5 determination and vote. Tex. Elec. Code § 31.037(a).
- Abolishing the position of County Elections Administrator by written order and transferring their duties to the County Clerk (as Election Administrator) and County Tax-Assessor-Collector (as Voter Registrar), unless otherwise delegated by the County Commissioners Court. Tex. Elec. Code § 31.048.
- Designating the County Clerk as the Voter Registrar in a county if there is no County Elections Administrator. Tex. Elec. Code § 12.031.
- Transferring [2] the County Clerk's election duties and functions to the County Tax-Assessor-Collector, if both parties agree. Tex. Elec. Code § 31.071.
- Appropriating the county election department's operating expenses and setting the number of personnel that the County Elections Administrator may employ. Tex. Elec. Code § 31.039.
- Establishing and altering voting precincts and boundaries. Tex. Elec. Code § 42.001.
- Determining the voting system the county will employ for general elections and contracting with third parties for equipment acquisition. Tex. Elec. Code §§ 123.001(b)(1), 123.031(1).
- Appointing election judges (poll workers) to work each precinct on Election Day. Tex. Elec. Code § 32.002.
- Conducting the canvass of county election results for federal, state, and county offices. Tex. Elec. Code §§ 31.003, 67.002.
- (County Judge) Delivering the tabulation document, precinct returns, tally lists, and early voting precinct report to the County Clerk on completion of the county canvass. Tex. Elec. Code § 67.004(e)(f).
- (County Judge) Issuing certificates of election for each winning candidate after the completion of the county canvass. Tex. Elec. Code § 67.016(a).