TACA
TAX ASSESSOR-COLLECTORS ASSOCIATION
OF TEXAS
VOTER
REGISTRATION/
CHAPTER 19 FUNDS
NOVEMBER 2013
ACKNOWLEDGEMENTS
The material in the first edition of this course was the product of a joint committee of the
Education Committee for the Tax Assessor-Collectors’ Association of Texas and Patricia
Sendelbach CPA, Professor of Accounting and Chair, Department of Business at Lone Star
College-Montgomery, representing the Lone Star College System.
This course is intended for County Tax Assessor-Collectors and their Deputies. This
course has also been approved by the Tax Assessor-Collectors’ Association of Texas and
complies with the mandatory course requirement of 20 continuing hours that must be
completed within a 12 month period. The hours earned from the course may be used to
comply with that requirement.
Voter Registration/
Chapter 19 Funds
Course
Table of Contents
Page
UNIT 1
Section 1
Section 2
Course Overview
Introduction - Voter Registration and Chapter 19 Funds
Course Learning Objectives
1
1
1
UNIT II
Processing Voter Registrations
2
UNIT III
Section 1
Section 2
Section 3
Chapter 19 Funds Defined
Purpose of Chapter 19 Funds
Reporting Activity
Funds Usage
3
3
3
3
UNIT IV
Items to Consider When Requesting Chapter 19 Funds
4
UNIT V
Other Items to Consider When Requesting Chapter 19 Funds
5
UNIT VI
Section 1
Section 2
Other Voter Registration and Chapter 19 Funds’ Issues
New Voter Registrar
Funding Lapse Dates
6
6
6
UNIT VII
Section 1
Texas Election Code Sections 19.001 through 19.006
§19.001 – Statement of Registrations Submitted to
Comptroller
§19.002 - Payments
§19.0025 – Electronic Administration of Vouchers and
Payments
§19.003 – Disbursement of State Funds
§19.004 – Use of State Funds Restricted
§19.005 – State Funds Not Fees of Office
§19.006 – State Funds Not Part of County Budget
7
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
7
8
8
8
8
9
9
UNIT I
Course Overview
Section 1 – Introduction - Voter Registration and Chapter 19 Funds
The County Tax Assessor-Collector, by statute, is the registrar of voters. Voter
registration duties may be transferred to the County Clerk or an Elections Administrator may be
created by the Commissioners Court, and appointed by the County Election Commission.
Chapter 19 funds are state allocated funds issued to voter registrars in Texas to help
defray the county’s voter registration expenses.
This course will outline the duties of the County TAC for processing voter registration
applications and the use of and reporting for Chapter 19 funds.
Section 2 – Course Learning Objectives
When you finish this course on Voter Registration and Chapter 19 funds, you should be able
to:
1. Describe the County Tax Assessor-Collector’s (TAC’s) duties for voter registration.
2. Understand the purpose of Chapter 19 funds.
3. Explain the procedures for using Chapter 19 funds as well as the reporting requirements
associated with such funds.
4. Identify the items to consider when requesting Chapter 19 funds.
5. Discuss Sections 19.001 through 19.006 of the Texas Election Code which outlines the
rules for managing Chapter 19 funds.
1
UNIT II
Processing Voter Registrations
The County Tax Assessor-Collector, by statute, is the registrar of voters. Voter
registration duties may be transferred to the County Clerk or an Elections Administrator may be
created by the Commissioners Court, and appointed by the County Election Commission. The
registrar may appoint volunteer deputy registrars to serve for terms expiring on December 31 of
even-numbered years. The County Election Commission is composed of the County Judge, the
County Tax Assessor-Collector, the County Clerk, and the County Chair of each political party
that made nominations by primary election for the last general election for state and county
officers.
When the registrar receives a voter registration application, the registrar may approve it,
reject it (if the applicant is not eligible to vote based on the application), or challenge it. If an
application is rejected or challenged, the registrar must give the applicant notice.
After approval of a registration application, the registrar shall assign the registrant a
registration number, prepare a voter registration certificate, enter the applicant’s county election
precinct number and the effective date of the registration. It shall expire the following January 1
of an even-numbered year.
On or after November 15 but before December 6 of each odd-numbered year, the
registrar shall issue a voter registration certificate to each voter in the county whose registration
is effective on the preceding November 14 and whose name does not appear on the suspense list.
The registrar must keep files of all active and inactive registrations. The registrar must
also maintain a file containing the initial registration certificates and also a file of canceled
registrations.
Voter registrations are canceled upon notice to the registrar that the voter has a new
residence outside the county, is deceased, has been adjudged to be totally mentally incapacitated
or partially mentally incapacitated without the right to vote, has been finally convicted of a
felony, or is adjudged in an election contest not to be a qualified voter (or was listed on the
suspense list to be canceled.)
Lists of qualified registered voters must be provided to each authority conducting
elections prior to the beginning of early voting and again for each election held later in the year
(including updates for new registrants.)
The State Comptroller’s Office finances voter registration and disburses funds to the
registrar based upon the number of new registrations, canceled registration, and total
registrations.
It is recommended that all Election/Registration Administrators refer to Chapter 19
Information, Texas Election Code, and Texas Administrative Code on the Secretary of State’s
website for current laws and rules.
2
UNIT III
Chapter 19 Funds Defined
Section 1 – Purpose
Chapter 19 funds are state allocated funds issued to voter registrars in Texas to help
defray the county’s voter registration expenses. Historic legislation, which passed in 1966
during the 59th Texas Legislative Session, established these funds after the poll tax was declared
unconstitutional and abolished.
•
Upon enactment of this legislation, funds were directly deposited in the county treasury
until 1987 when the 70th Legislature amended Chapter 19 of the Texas Election Code to
require the Secretary of State to approve requests submitted by voter registrars prior to
the issuance of state warrants.
•
From September 1987 to the present, Chapter 19 funds have been maintained in a special
account at the State Comptroller of Public Accounts. The county voter registrars submit
purchase requests for reimbursement and funds are directly deposited into the prescribed
county account upon Secretary of State (SOS) approval, in accordance with Chapter 19 of
the Texas Election Code.
Section 2 – Reporting Activity
Voter registrars obtain these funds by filing before May 15th of each year an activity
statement setting forth the total number of registrations, the total number of registrations
canceled, and the total number of registrations updated – all for the previous calendar year.
Section 19.0025 of the Texas Election Code gives the procedure for obtaining payment of these
funds.
Section 3 – Funds Usage
The Texas Administrative rules adopted by the Secretary of State provide that Chapter 19
funds may be used to defray the cost of any item or service designed to increase the number of
registered voters, maintain and report an accurate list of the number of registered voters and/or
increase the efficiency of the voter registration office.
Payable items or services include, but are not limited to, the following: temporary
employees working in the voter registration department for up to 39 weeks within a fiscal year
(House Bill 3061, 81st Legislature), membership dues to groups and associations whose sole or
primary purpose is voter registration, computer equipment and upgrades for the voter registration
office, computer training for voter registration staff, travel to voter registration-related
seminars/conferences, electronic office equipment, voter registration drive supplies, and NVRA
related expenses.
3
UNIT IV
Items to Consider When Requesting Chapter 19 Funds
The following table is updated periodically and is available on the Secretary of State’s website.)
PAYABLE
NON PAYABLE
Voter Registration Drives – rental of Promotional items – cups, coffee, mugs, ink
space and supplies – T.A.C. § 81.12
pens, t-shirts, rulers, drink coolers, windshield
shades, etc. – T.A.C. § 81.25
Deputy Voter Registrar Supplies T.A.C. § Chapter 19 funded voter registration drives must
81.14
not promote a particular party, candidate, or issue
Voter Registration Applications
Permanent full-time and part-time county
employees may not be compensated with
Chapter 19 funds – T.A.C. 81.22
Association Publications – newsletters, Alcoholic Beverages, gratuities and tips, and/or
newspapers with Voter Registration any food or drinks other than for a trip – T.A.C.
Related issues – T.A.C. § 81.25
§ 81.23
Temporary Employees – T.A.C. § 81.22 County may not be reimbursed for the
(now payable for up to 39 weeks – HB compensation of full or part-time county
3061)
employees and programmers. – T.A.C. § 81.22
Travel to seminar(s) that directly advance Office furniture, supplies, normal postage, &
Voter Registrar efforts – T.A.C. 81.23
general office equipment. – T.A.C. § 81.14
Computer Training for duties relating to If an item purchased or service rendered is not
voter registration, hardware, and software exclusively related to voter registration, the cost
upgrades – T.A.C. § 81.26
must be prorated.
Electronic office equipment – typewriters,
fax
machines,
adding
machines,
shredders, optical imaging systems,
electronic poll books, copiers – T.A.C. §
81.27
NVRA Expenses – printing and mailing
of confirmation notices – T.A.C. § 81.28
4
UNIT V
Other Items to Consider When Requesting Chapter 19 Funds
1.
Chapter 19 Funds expenditures must comply with the criteria of
“reasonable and necessary” as established by Uniform Grant
Management Standards (UGMS) and may only be used for the following
activities:
a.
b.
c.
2.
3.
4.
5.
6.
7.
8.
9.
Increase the number of registered voters in the state.
Maintain and report an accurate list of the number of registered
voters
Increase the efficiency of the voter registration office through the
use of technological equipment.
If an expense is related to legal requirement or duty of the office or
applies directly to the election process, then it’s a county expense.
Chapter 19 is a reimbursement only program and payable to the county
via Direct Deposit.
All electronic requests must be submitted through the designated
secured electronic web-based application designed solely for Chapter 19
purchases, located on the Office of the Secretary of State web site.
All supporting documentation must be maintained in accordance with
Texas Administrative Code § 81.21 Records Maintenance and Payment
Reviews at the county level and must be available upon SOS request.
Except for travel reimbursement requests, Chapter 19 funding requests
must be received within six (6) months of payment to vendor.
Chapter 19 will reimburse the counties for confirmation card postage
fees with the business reply account. Texas Administrative Rule § 81.28
authorizes for reimbursement of confirmation cards and business reply
accounts for those cards based on a report available within the TEAM
system.
Travel is the only item that can be advanced through Chapter 19 funding.
a.
Chapter 19 funds may be advanced for hotel, mileage or airfare,
and seminar registration fees. Items not advanced are taxes, and
meals.
b.
Each traveler receiving advance funds is responsible for filing
actual travel expenses.
c.
Travel expense reimbursement request must be submitted within
30 days of the completion of travel. Failure to do so will result in
the withholding of all pending and future Chapter 19 funding
requests until the SOS receives confirmation of the actual
expenses.
Travel items not reimbursed under Chapter 19 are late registration fees,
valet parking, tips, and alcoholic beverages.
5
UNIT VI
Other Voter Registration and Chapter 19 Funds’ Issues
Section 1 – New Voter Registrar
Advise Secretary of State of new position holder by calling 1-800-252-2216 (Option # 1
for Voter Registrar Group; Option # 2 for Legal Group; Option # 3 for Election Funds
Management (includes Chapter 19) or visit their website at www.sos.state.tx.us
a.
b.
Request assistance with Setting up required computer access.
Request technical assistance with programs. One-on-One technical assistance is
available if requested. Technical manuals are available online. Webinars are
sometimes offered. Voter Registrars are notified when available.
Section 2 – Funding Lapse Dates
After June 1 of each year funding becomes available to the counties as defined in §19.002
of the Election Code and remains available for 27 months, expiring on August 31.
FY 2012 CH 19 funds must be used before August 31, 2014
FY 2013 CH 19 funds available June 1, 2013 through August 31, 2015
FY 2014 CH 19 funds available June 1, 2014 through August 31, 2016
6
UNIT VII
Texas Election Code Sections 19.001 through 19.006
Section 1 - §19.001 – Statement of Registrations Submitted to Comptroller
a.
b.
c.
Before May 15 of each year, the registrar shall prepare and submit to the
Secretary of State a statement containing:
(1)
The total number of initial registrations for the previous voting
year.
(2)
The total number of registrations canceled under Sections 16.031
(a) (1), 16.033, and 16.0332 for the previous voting year; and
(3)
The total number of registrations for which information was
updated for the previous voting year.
In each even-numbered year, the registrar shall include in the statement
the total number of voters on the lists of registered voters on the date of
the first election held in the county in the voting year.
The registrar shall certify that the information in the statement is
accurate.
Section 2 - §19.002 – Payments
a.
b.
c.
d.
Each registrar is entitled to receive the sum of the following amounts:
(1)
25 cents multiplied by the number of initial registrations certified
under Section 19.001 (a)(1);
(2)
40 cents multiplied by the number of canceled registrations
certified under Section 19.001 (a)(2);
(3)
40 cents multiplied by the number of updated registrations under
Section 19.001 (a)(3); and
(4)
in each even-numbered year, 40 cents multiplied by the
difference between the number of registered voters and the
number of initial registrations certified for the two previous voting
years.
After June 1 of each year, the secretary of state shall make payments
pursuant to vouchers submitted by the registrar and approved by the
Secretary of State in amounts that in the aggregate do not exceed the
registrar’s entitlement. The Secretary of State shall prescribe the
procedures necessary to implement this subsection
Repealed by ACTs 2011, 82nd Leg., 1st C.S., Ch. 4, Sec. 15.08, eff.
September 28, 2011
The Secretary of State may not make a payment under Subsection (b) if
on June 1 of the year in which the payment is to be made the registrar is
not in substantial compliance with Section 15.083, 16.032, or 18.065 or
with rules implementing the registration service program.
7
Section 3 - §19.0025 – Electronic Administration of Vouchers and Payments
a.
b.
c.
d.
The Secretary of State shall establish and maintain an online electronic
system for administering vouchers submitted and payments made under
Section 19.002
A registrar must electronically submit a voucher to the Secretary of State
using the online electronic system maintained by the secretary.
The online electronic system shall provide for the direct deposit of a
disbursement made under this chapter in a registrar’s account.
The Secretary of State shall prescribe procedures necessary to implement
this section. Added by Acts 2005, 79th Leg., Ch. 619, Sec. 1, eff.
September 1, 2005
Section 4 - §19.003 – Disbursement of State Funds
Only funds from the General Revenue Fund may be appropriated for the
disbursements required by this chapter.
Section 5 - §19.004 – Use of State Funds Restricted
a.
b.
c.
d.
Except as provided by Subsection (d), state funds disbursed under this
chapter may be used only to defray expenses of the registrar’s office in
connection with voter registration, including additional expenses related
to:
(1)
Implementation of the National Voter Registration Act of 1993 (42
U.S.C. Section 1973gg et seq.)
(2)
Complying with the weekly updating requirements prescribed by
Section 18.063; and
(3)
The employment of temporary voter registration personnel for
not more than 39 weeks in a state fiscal year.
The Secretary of State shall specify the procedures that result in
additional expenses and that are required under this section.
Any funds authorized under this chapter that lapse to the state after the
expiration of the two-year period in which they may be used shall be
place in a special fund administered by the Secretary of State. The
Secretary of State shall issue money from this fund to counties with
limited technological resources to upgrade voter registration technology.
The Secretary of State shall prescribe procedures necessary to implement
this section.
If the Secretary of State determines that federal matching funds are
available under the federal Help America vote Act of 2002, the Secretary
of State shall certify to the comptroller the amount of state funds
required to qualify for the maximum amount of federal matching funds.
On receipt of the certification, the comptroller shall deposit from funds
8
otherwise available under this chapter an amount equal to the certified
amount in the election improvement fund established under Section
31.011
Section 6 - §19.005 – State Funds Not Fees of Office
State funds disbursed under this chapter are not and may not be treated as fees
of office.
Section 7 - §19.006 – State Funds Not Part of County Budget
The commissioner’s court may not consider the availability of state funds under
this chapter in adopting the county budget for the office of the voter registrar.
9
Voter Registration/
Chapter 19 Funds Course
End of Course Questions
1.
The County Tax Assessor-Collector (TAC) is, by statute, is the registrar of voters. As
registrar the TAC must
a.
keep files of all active and inactive registrations.
b.
maintain a file containing the initial registration certificates
c.
maintain a file of canceled registrations.
d.
All of the above.
2.
Chapter 19 funds are state allocated funds issued to voter registrars in Texas
to help defray the county’s voter registration expenses. Which of the
following is not one of those costs?
a.
cost that applies directly to the election process.
b.
cost of any item or service designed to increase the number of
registered voters;
c.
cost incurred to maintain and report an accurate list of the
number of registered voters;
d.
cost incurred to increase the efficiency of the voter registration
office.
3.
Voter registrars obtain Chapter 19 funds by filing an activity statement
setting forth the total number of registrations, the total number of
registrations canceled, and the total number of registrations updated – all for
the previous calendar year. This report must be filed
a.
before June 1st of each year.
b.
before May 15th t of each year.
c.
before April 15th of each year.
d.
before September 1st of each year.
4.
Travel is the only item that can be advanced through Chapter 19 funding.
Chapter 19 funds may be advanced for hotel, mileage or airfare, and seminar registration
fees. Items not advanced include
a.
taxes only.
b.
meals only.
c.
taxes and meals.
d.
None of the above.
5.
After June 1 of each year funding becomes available to the counties as defined in §19.002
of the Election Code. The funds remain available for
a.
27 months, expiring on August 31.
b.
12 months, expiring on May 31.
c.
15 months, expiring on August 31.
d.
24 months, expiring on May 31.