1 TAC §81.117, §81.121
The Office of the Secretary of State proposes amendments
to §81.117 and §81.121, concerning primary election funding. Section
81.117 is amended to raise the amount of a services contract requiring Secretary
of State approval from $500 to $1,000. This amendment is consistent with
other expenditure amounts requiring Secretary of State approval. Section
81.121 is amended to reflect the compensation for workers who annotate voter
registration lists prior to election day, and to set limits on compensation
for early ballot board workers when the ballot board is reconvened to count
late ballots under Texas Election Code, §87.005.
Clark Kent Ervin, Assistant Secretary of State, has determined that for
the first five-year period the sections are in effect there will be a fiscal
implication for state government as a result of enforcing or administering
the sections. Allowing one hour of compensation for annotating the voter
registration lists will likely increase the total amount of compensation
paid to election workers. This additional compensation will amount to about
$105,395.00 in additional funds being paid out of the state primary finance
fund.
Mr. Ervin has also determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of
enforcing the sections will be the proper and efficient conduct of the 1998
primary elections by party officials with the aid of state money appropriated
for that purpose. There will be no effect on small businesses. There will
be no anticipated economic cost to the state and county chairs of the Democratic
and Republican parties.
Comments on the proposal may be submitted to the Office of the Secretary
of State, Cathie E. Penn, Program Administrator for Elections Funds Management,
P.O. Box 12060, Austin, Texas 78711.
The amendments are proposed under the Texas Election Code, §31.003
and §173.006, which provides the Office of the Secretary of State with
the authority to obtain and maintain uniformity in the application, interpretation,
and operation of provisions under the Texas Election Code and other election
laws, and, in performing such duties, to prepare detailed and comprehensive
written directives and instructions based on such laws, and to adopt rules
consistent with the Election Code that reduce the cost of the primary elections
or facilitate the holding of the elections within the amount appropriated
by the legislature for that purpose.
The Texas Election Code, Chapter 173, Subchapter A, §173.006 is affected
by this proposed amendment.
§81.117. Contracts for Services Must Be with Contractors Regularly in the Contracted Business.
Contractors submitting bids as required by §81.115 of this title
(relating to Competitive Quotations for Services or Products Are Required)
must provide names and telephone numbers of at least three other customers
as references in order to be considered for any work to be done for the primary
fund. Such contractors must be able to provide verifiable proof of at least
18 months experience providing services being bid in the normal course of
their business to other parties. Contracts for services costing over
$1000
[
$500
] must be approved in writing by the Secretary
of State before money from the primary fund may be expended under the terms
of such contracts. The fee or rate must be reasonable for the services rendered
and must be in accord with the fee or rate prevailing in the locale for the
same or similar services. The contract shall be signed by both the county
chair and the contractor. It is the county chair's responsibility to obtain
Employer Identification Numbers from contractors and issue IRS Form 1099
if required.
§81.121. Compensation for Election Day Workers.
The hourly rate payable to precinct judges, clerks, early voting ballot
board members, or persons working at the central counting station for the
1998
[
1996
] general primary and primary runoff elections
may not exceed
$5.15
[
$5.00
]. A judge or clerk may
be paid only for the actual time spent on election duties performed in the
polling place or counting station,
with the following exceptions. One
election worker from each polling place may be allowed up to one hour to
annotate the precinct list of registered voters before election day. If the
total number of hours that the early voting ballot board works on election
day and in reconvening to count late ballots cast from outside the United
States is less than ten hours, then the ballot board members may be paid
greater compensation than actually worked, but in no event may the compensation
exceed the amount payable for 10 hours of work. If the total number of hours
worked is greater than 10 hours, then the ballot board is entitled to compensation
for actual time worked.
An election day worker may not receive an hourly
compensation for travel time, pick up or delivery of supplies, or attendance
at the precinct convention. Technical support personnel in the central counting
station appointed under the Texas Election Code, §§127.002, 127.003,
or 127.004 may receive a compensation of greater than
$5.15
[
$5.00
] per hour.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January
16, 1998.
TRD-9800782
Clark Kent Ervin
Assistant Secretary of State
Office of the Secretary of State
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 463-5650