| TO: | Honorable Leo Berman, Chair, House Committee on Elections |
| FROM: | John S. O'Brien, Director, Legislative Budget Board |
| IN RE: | SB493 by Duncan (Relating to the creation of a joint elections administrator; providing penalties.), As Engrossed |
The bill would add Subchapter F to Chapter 31 of the Election Code to authorize political subdivisions to create a position of joint elections administrator. The bill includes the procedures related to the position and operations of that office and establishing the position, including once the order creating the position is adopted, reporting such within three days to the Secretary of State, the Comptroller of Public Accounts, each member of the county election commission (if any), and a representative from each participating entity. The salary of the joint elections administrator could not exceed that of the county clerk of the most populous county sharing the joint elections administrator.
If political subdivisions establish a joint elections administrator position, the bill would require establishment of a joint elections commission as well. The commission would be responsible for hiring the joint elections administrator and providing suitable office space, equipment, and operating expenses. The participating entities would be required to share the costs and to determine the amounts for which each participating entity would be responsible. The person appointed to fill the position would be required to give a bond in an amount set by the commission, not to exceed $20,000.
As soon as practicable after creation of the position, officers serving as voter registrar in the participating political subdivisions would be required to transfer all applicable records to the joint elections administrator.
The Secretary of State would be required to adopt rules that classify the duties and functions placed on the officers of the participating entities by statutes outside the Election Code. The Secretary of State would be required to deliver a copy of each rule proposed to the administrator and to the officer of each participating entity. On receiving notice of the establishment of the office, the Secretary of State would be required to deliver to the county clerk a current set of rules adopted under Section 31.166, Election Code.
The bill would take effect September 1, 2007.
The Secretary of State's office indicates that the agency could implement provisions of the bill using existing resources.
It is assumed that political subdivisions would establish the position of joint election administrator if in doing so the entities would experience a savings by sharing the related costs compared to funding costs of an elections administrator that serves only one entity or the additional costs for another office within the entity that includes the responsibility for voter registrar duties. Entities with a small population would be more likely to experience a savings by implementing provisions of the bill.
According to estimates provided by Midland County (2000 census population of 116,009), assuming an entry level salary and costs of furniture and equipment, the start-up costs for a new position would be nearly $49,000. However, because of the county's size and location, the county presumes because of the 10 percent administrative fee paid to local government entities by the state, it would be more cost-efficient for Midland County to maintain its current method of elections administration rather than joining with other entities to establish a joint elections administrator position. Three of the four largest counties in the state (based on 2000 census), Harris, Dallas, and Bexar, also indicated it would be more economical to continue election operations as currently in place.
| Source Agencies: | 307 Secretary of State
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| LBB Staff: | JOB, MN, KJG, MS, DB
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