Overview
The Secretary of State holds an important role as Texas' chief election officer and has broad powers in their administration of elections statewide. The Secretary of State ensures the uniformity of elections through administrative rule making and the oversight and funding of county election offices. Notably, following elections, the Secretary of State receives unofficial election results from the counties and prepares the report necessary to conduct the state canvass. The Secretary of State also sets the timing of the state canvass and facilitates it through their role as the "presiding officer."
Election-Related Duties
The key election duties of the Secretary of State are:
- Acting as Texas' chief election officer and running the state elections division as part of the Secretary of State's Office. Tex. Elec. Code § 31.001.
- Maintaining the uniformity of Texas election law through adopting election rules, issuing and distributing directives and instructions, and assisting and advising election officials, as well as state and local authorities. Tex. Elec. Code §§ 31.003, 31.004, 31.020, 31.045, 67.004, 68.011.
- Setting training standards and providing materials for election judges and county election officers. Tex. Elec. Code §§ 31.127, 32.111.
- Allocating and distributing election funds and grants to the counties. Tex. Elec. Code §§ 31.009, 31.011.
- Approving the use of voting equipment. Tex. Elec. Code §§ 31.014, 51.031.
- Appointing state election inspectors. Tex. Elec. Code § 34.001.
- Following elections, receiving both unofficial results and certified returns from the counties. Tex. Elec. Code §§ 67.007(d), 68.034.
- Tabulating the unofficial results received from the counties and preparing the final tabulation report. Tex. Elec. Code §§ 68.001, 68.005.
- Setting the exact time, date, and location of the state canvass. Tex. Elec. Code § 67.012(a)(b).
- Serving as the "presiding officer" during the state canvass of election results. Tex. Elec. Code § 67.010(b).
- Delivering the prepared county returns and tabulation to the Governor and the State Legislature for them to conduct their respective state canvasses. Tex. Elec. Code §§ 67.013(a)(b), 67.013(c).
- Issuing certificates of elections to presidential electors. Tex. Elec. Code § 67.016(d).
- Serving as the "State Election Register," i.e., the custodian of election tabulations and the state election register. Tex. Elec. Code § 67.015.
- Ordering administrative oversight of a county with a population more than four million (i.e., Harris County – Houston) if the Secretary of State has received a valid administrative election complaint, has followed the appropriate notice requirements, and has good cause to "believe that a recurring pattern of problems with election administration of voter registration exists…" Tex. Elec. Code §§ 31.017, 31.018, 31.019, 31.020, 31.021.
- Conducting administrative oversight over a "problematic" county for an election (this entails requiring the county to get approval from the Secretary of State for all policies and procedures relating to the administration of the county's elections and for the Secretary of State to authorize personnel from its office to conduct in-person observations of the county office's activities and election procedures running up to and after Election Day). Tex. Elec. Code § 31.020.