Overview

The position of County Elections Administrator may be created by each County Commissioners Courts (except for Harris County [1] – Houston) to oversee county elections at the county election department. Tex. Elec. Code § 31.031. In counties without a County Elections Administrator, the County Clerk largely takes on the responsibilities of administrator while the County Tax-Assessor-Collector acts as the voter registrar. Tex. Elec. Code § 31.048(b). However, the County Board of Commissioners may also transfer the powers of the County Clerk to the Tax-Assessor-Collector, so that in some counties they act as administrator. Tex. Elec. Code §§ 31.048, 31.071(a). Please refer to the Texas Secretary of State's website to view which officer acts as election administrator in each county. "TX SOS Office County Voter Registration Officials."

Election-Related Duties

The key election duties of the County Elections Administrator are:

  1. Overseeing county elections. Tex. Elec. Code § 31.031.
  2. Acting as the voter registrar responsible for voter registration. Tex. Elec. Code § 31.043(1).
  3. Taking over the statutory duties and functions related to election administration assigned to the County Clerk. Tex. Elec. Code § 31.043(2)(3).
  4. Providing clerical support needed by the County Commissioners Court in canvassing election returns. Tex. Elec. Code § 31.044(b).
  5. Maintaining on file the tabulation of election results. Tex. Elec. Code § 31.044(b).

In a county without a County Elections Administrator, the County Clerk takes on the role of "administrator" and is responsible for the duties listed above (with the exception of voter registrar).

The key election duties of the County Clerk are:

  1. Overseeing county elections and acting as "administrator" in lieu of a County Elections Administrator. Tex. Elec. Code §§ 31.031, 31.048(b).
  2. Serving as the clerk [2][3] of the County Commissioners Court. Tex. Local Gov’t Code § 81.003.
  3. Serving on the County Election Commission as vice chair and voting on the appointment of the County Elections Administrator. Tex. Elec. Code § 31.032.
  4. Supplying information on election matters before the County Commissioners Court to the County Elections Administrator. Tex. Elec. Code § 31.044(a).
  5. Preparing and certifying the tabulation of votes that have been canvassed by the County Commissioners Court. Tex. Elec. Code § 67.007(a)(b)(c).
  6. Delivering certified county election returns to the Secretary of State. Tex. Elec. Code § 67.007(d).

Note: If there is uncertainty whether the County Elections Administrator or County Clerk acting as administrator should be performing a certain duty or function not clearly outlined, either officer must request that the Secretary of State provide them with clarification. Tex. Elec. Code § 31.045(b). Additionally, if the County Clerk acts outside their legal authority by exercising a duty or function delegated to the County Elections Administrator, that action has legal effect as long as the County Elections Administrator does not object to it. Tex. Elec. Code § 31.047.

The key election duties of the Tax-Assessor-Collector are: