PRIMARY ELECTION FINANCING

Tex. ELEC Code ch. 173
in effect

Tex. ELEC Code § 173.001. STATE FUNDS FOR PRIMARY AUTHORIZED.

(a) Subject to legislative appropriation, state funds may be spent as provided by this chapter to pay expenses incurred by a political party in connection with a primary election. (b) Expenses incurred in connection with a convention of a political party or other party activity that is not necessary for the holding of a primary election may not be paid with state funds. (c) The secretary of state may spend state funds appropriated for primary finance to pay salaries and other necessary expenses in connection with the administration of primary elections. (d) If the amount of the funds appropriated for the financing of primary elections is insufficient to satisfy the requests for those funds made under this code, the secretary of state may distribute the amount of the appropriation on a pro rata basis. Each party chair or executive committee is entitled to a proportionate share of that amount according to that committee's percentage of the total amount requested.

Tex. ELEC Code § 173.002. STATE NOT LIABLE FOR PRIMARY EXPENSES.

The state is not liable for the failure of a political party to pay expenses the party incurs in holding a primary election.

Tex. ELEC Code § 173.003. EXPENSES INCURRED BY COUNTY.

Except as otherwise provided by law, the county shall pay all the expenses incurred in connection with early voting in a primary election, except expenses relating to the printing of early voting ballots, and any other expenses incurred by a county authority in connection with a primary election.

Tex. ELEC Code § 173.004. STATE COMPENSATION OF COUNTY CHAIR AND SECRETARY OF COUNTY EXECUTIVE COMMITTEE.

(a) The total amount paid with state funds in a particular primary election year for the combined compensation of a county chair and the secretary, if any, of the county executive committee presided over by the chair may not be: (1) less than $300; or (2) more than the lesser of (A) $8,000; or (B) five percent of the total expenses incurred by the political party in holding primary elections in the county that year, exclusive of the combined annual compensation of the county chair and secretary. (b) The status of a county executive committee's secretary as a committee member does not affect the applicability of this section.

Tex. ELEC Code § 173.005. STATE COMPENSATION FOR TRAINING ELECTION JUDGES.

The maximum hourly rate payable with state funds in a particular primary election year to election judges serving in a primary election for attending training programs is the same as the maximum rate prescribed by this code for compensation for attending a training program for election judges appointed to serve in elections ordered by the governor or a county authority.

Tex. ELEC Code § 173.006. AUTHORITY TO REDUCE PRIMARY COSTS.

The secretary of state may adopt rules consistent with this code that reduce the cost of primary elections or facilitate the holding of primary elections within the amount appropriated by the legislature for that purpose.

Tex. ELEC Code § 173.007. LIMITING STATE COMPENSATION FOR POLLING PLACES.

(a) The secretary of state may limit the number of primary election polling places for which operating expenses are payable with state funds. (b) Rules adopted under this section must provide for state compensation for a sufficient number of polling places in each county to adequately serve its voters, taking into account the area, geographic features, estimated voter turnout, and other relevant factors, but in no case may state compensation be limited to fewer than one polling place for each commissioners precinct. (c) Rules adopted under this section do not limit a political party's authority under this code to consolidate election precincts for a primary election.

Tex. ELEC Code § 173.008. LIMITING STATE COMPENSATION FOR ELECTION PERSONNEL.

(a) The secretary of state may limit the number of election clerks in a primary election whose service is payable with state funds. (b) The secretary of state may limit the total state compensation payable to persons employed to assist a county chair in connection with a primary election. (c) Rules adopted under this section must provide for state compensation for sufficient personnel to properly hold the primary, taking into account the number of registered voters, number of votes cast in previous primary elections, method of voting, and other relevant factors, but in no case may state compensation be limited to fewer than two clerks for each election precinct. (d) State funds may be paid in excess of the limits prescribed under this section if the secretary of state determines good cause exists for the additional state compensation.

Tex. ELEC Code § 173.009. DEADLINE FOR ADOPTING RULES.

A rule adopted by the secretary of state under this subchapter does not apply to a primary election held less than 45 days after the date the rule is adopted.

Tex. ELEC Code § 173.010. FURNISHING RULES AND GUIDELINES.

During October preceding each primary election year, the secretary of state shall post on the secretary's website a current set of the rules and any available guidelines adopted under this subchapter. The secretary of state shall e-mail each state or county chair who has provided the secretary of state an e-mail address when the rules and guidelines have been posted. If a rule or amendment of a rule is adopted after the set is posted, the secretary shall update the posting with the new rule or amendment not later than the 10th day after the date of its adoption.

Tex. ELEC Code § 173.011. FINANCING OF JOINT PRIMARY ELECTIONS GENERALLY.

(a) This section applies to the financing of joint primary elections notwithstanding and in addition to other applicable provisions of this code. (b) Any surplus remaining in a county primary fund shall be remitted to the secretary of state immediately after the final payment from the fund of the necessary expenses for holding the primary elections for that year, but not later than July 1 following the applicable primary election. The surplus in the primary fund shall be remitted regardless of whether state funds were requested by the chair. (c) The secretary of state shall adopt rules, consistent with this chapter to the extent practicable, that are necessary for the fair and efficient financing of joint primary elections. Added by Acts 1997, 75th Leg., ch. 1349, Sec. 63, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 39, eff. Sept. 1, 2003. SUBCHAPTER B. PRIMARY FUND

Tex. ELEC Code § 173.031. COUNTY PRIMARY FUND.

(a) A county primary fund is created for each county executive committee of a political party holding a primary election. (b) The county primary fund consists of: (1) the filing fees required to be deposited in the fund under Subchapter C; (2) the state funds paid to the county chair under Subchapter D; (3) the contributions to the county executive committee for the purpose of defraying primary election expenses; and (4) the income earned by the fund.

Tex. ELEC Code § 173.032. STATE PRIMARY FUND.

(a) A state primary fund is created for the state executive committee of each political party holding a primary election. (b) The state primary fund consists of: (1) the filing fees required to be deposited in the fund under Subchapter C; (2) the state funds paid to the state chair under Subchapter D; (3) the contributions to the state executive committee for the purpose of defraying primary election expenses; and (4) the income earned by the fund. (c) The state chair may, with the consent of the secretary of state and the county chair or county executive committee, if one exists for the county, accept money into the state primary fund on behalf of a county party. The state chair must keep records to track the money that is attributable to a county.

Tex. ELEC Code § 173.033. USE OF PRIMARY FUND.

(a) The county primary fund shall be used to pay expenses incurred by the county chair in connection with a primary election. (b) The state primary fund shall be used to pay expenses incurred by the state chair in connection with a primary election. (c) A primary fund may not be used for any other purpose, except as provided by Section 173.032 (c).

Tex. ELEC Code § 173.034. MANAGING PRIMARY FUND.

(a) The county chair shall manage the county primary fund. (b) The state chair shall manage the state primary fund.

Tex. ELEC Code § 173.035. AUDIT BY SECRETARY OF STATE.

(a) The secretary of state may have a primary fund audited at any time. (b) The expenses of an audit under this section shall be paid from funds appropriated for the administration of primary elections.

Tex. ELEC Code § 173.036. STATE FUNDS FOR AUDIT REQUESTED BY PARTY.

(a) The secretary of state may approve an expenditure of state funds for an audit of: (1) the state primary fund or a county primary fund on request of the state chair; or (2) a county primary fund on request of a county chair. (b) On receipt of written certification of the amount approved by the secretary of state for an audit, the comptroller of public accounts shall issue a warrant for that amount payable to the state or county chair making the request. (c) An audit conducted with state funds approved under this section is subject to the conditions imposed by the secretary of state. SUBCHAPTER C. DISPOSITION OF FILING FEES

Tex. ELEC Code § 173.061. FEE PAID TO COUNTY CHAIR.

Except as provided by Section 173.0341 (c)(2), the county chair shall deposit in the county primary fund each filing fee accompanying an application for a place on the ballot filed with the county chair.

Tex. ELEC Code § 173.062. FEE PAID TO STATE CHAIR FOR DISTRICT OFFICES REMITTED TO SECRETARY OF STATE.

(a) The filing fee for a district office accompanying an application for a place on the ballot filed with the state chair during the regular filing period shall be remitted to the secretary of state and deposited in the state treasury for the financing of primary election expenses. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735 ), Sec. 64(5), eff. September 1, 2017. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735 ), Sec. 64(5), eff. September 1, 2017. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735 ), Sec. 64(5), eff. September 1, 2017.

Tex. ELEC Code § 173.063. FEE RETAINED BY STATE CHAIR.

The state chair shall deposit in the state primary fund each filing fee accompanying an application for a place on the ballot filed with the state chair: (1) for a statewide office; or (2) for a district office if the application is filed after the regular filing deadline. SUBCHAPTER D. STATE FINANCING

Tex. ELEC Code § 173.081. STATEMENT OF ESTIMATED PRIMARY EXPENSES.

(a) Regardless of whether state funds are requested for paying primary expenses, a state or county chair shall submit to the secretary of state a written statement of estimated expenses to be incurred by the chair in connection with a primary election. (b) The statement must: (1) contain an itemized estimate, prepared by the authority submitting the statement, of the primary expenses to be incurred and a statement by the authority of whether state funds are requested; and (2) be sworn to by the authority submitting the statement. (c) A statement for a general primary election must also: (1) state the amount of: (A) the primary candidates' filing fees required to be deposited in the county primary fund if the statement is submitted by a county chair, or in the state primary fund if the statement is submitted by the state chair, that have been received by the authority submitting the statement; and (B) the contributions to the county chair or executive committee if the statement is submitted by a county chair, or to the state chair or executive committee if the statement is submitted by the state chair, that: (i) are for the purpose of defraying primary election expenses; and (ii) have not been included in a report filed under Section 173.084 for a previous primary election year; and (2) be submitted not later than the 45th day before general primary election day. (d) The information required by Subsection (c)(1) must be current as of the 10th day after the date of the regular filing deadline for a candidate's application for a place on the primary ballot. (e) A statement for a runoff primary election must be submitted not later than the 10th day after general primary election day. (f) A statement submitted by a county chair must also include a notice of the county election precincts to be consolidated for the election, if any. (g) The state chair of a party, or the state chair's designee, may submit a statement under this section on behalf of a county chair if the county chair: (1) requests the state chair to submit the statement on the county chair's behalf; or (2) fails to submit the statement by the deadline.

Tex. ELEC Code § 173.082. REVIEW OF STATEMENT; APPROVAL; NOTICE.

(a) On receipt of a statement of estimated primary election expenses, the secretary of state shall review the statement to determine which items of estimated expense and the amounts of those items to approve. (b) The secretary of state shall approve an item of estimated expense if the secretary determines that it is reasonably necessary for the proper holding of the primary election. If the secretary determines that the entire estimated amount of the item is not reasonably necessary, the secretary shall approve the item in the reduced amount that the secretary determines is appropriate. (c) The secretary of state shall promptly notify the authority submitting the statement of each item of estimated expense not approved or approved in a reduced amount. (d) An item or part of an item of estimated primary election expense that is not approved by the secretary of state may not be paid with primary funds. (e) Expenses incurred in connection with an application for a place on the ballot for the office of precinct chair filed before the 30th day before the date of the regular filing deadline may not be paid with state funds.

Tex. ELEC Code § 173.083. STATE PAYMENT OF ESTIMATED PRIMARY EXPENSES.

(a) The amount of estimated primary election expenses payable with state funds under this section is equal to: (1) for a general primary election, the difference obtained by subtracting the sum of the filing fees and contributions reported in the statement of estimated primary election expenses from the total amount of estimated general primary expenses approved by the secretary of state under Section 173.082 ; and (2) for a runoff primary election, the total amount of estimated runoff primary expenses approved by the secretary. (b) State payment of the estimated primary election expenses shall be made in installments as follows: (1) the initial installment for the expenses of a general primary is equal to three-fourths, or three-fifths if the secretary of state determines that figure to be more efficient, of the amount of estimated general primary expenses payable with state funds; (2) the initial installment for the expenses of a runoff primary is equal to three-fourths, or three-fifths if the secretary of state determines that figure to be more efficient, of the amount of estimated runoff primary expenses payable with state funds; and (3) the final installment is equal to the difference obtained by subtracting the total of the installments paid under Subdivisions (1) and (2) from the total of the actual general and runoff primary election expenses payable with state funds. (c) After determining the amount of estimated primary expenses to approve under Section 173.082 for a general or runoff primary, the secretary of state shall calculate the amount of the installment payable under Subsection (b)(1) or (2), as applicable. The secretary shall then prepare and deliver to the comptroller of public accounts a certified statement indicating the amount of the installment, the total amount of estimated general or runoff primary expenses payable with state funds, and the name of the county or state chair who submitted the statement of estimated primary election expenses. (d) The final installment may not be paid until a report is filed in compliance with Section 173.084 and, in the case of a county chair, a report is also filed in compliance with Section 172.124 . On the filing of the report, the secretary of state shall calculate the amount of the final installment and prepare and deliver to the comptroller of public accounts a certified statement indicating that amount and the appropriate county or state chair's name. (e) On receipt of a certified statement under Subsection (c) or (d), the comptroller of public accounts shall issue a warrant in the certified amount of the installment payable to the county or state chair identified by the statement.

Tex. ELEC Code § 173.084. EXPENSE REPORT BY PARTY.

(a) Regardless of whether state funds are requested for paying primary expenses, each county chair and state chair shall prepare a report that includes: (1) an itemized list of the actual expenses incurred in connection with the general and runoff primaries by the authority preparing the report and by the executive committee over which the authority presides; (2) the amount of the primary candidates' filing fees required to be deposited in the county primary fund if the report is by a county chair, or in the state primary fund if the report is by the state chair; (3) the amount of filing fees that have been refunded; (4) the amount of the contributions to the executive committee over which the authority preparing the report presides that: (A) are for the purpose of defraying primary election expenses; and (B) have not been included in a report filed under this section for a previous primary election year; and (5) the balance in the county primary fund if the report is by a county chair, or in the state primary fund if the report is by the state chair, that remains after deducting the primary election expenses actually incurred and the refunded filing fees. (b) The authority preparing the report shall file it with the secretary of state not later than August 31 following the applicable primary election, in the case of the county chair's report, or if no runoff primary is held for a statewide or district office, in the case of the state chair's report. (b-1) The secretary for good cause, including failure of a vendor or a county election officer contracted to conduct the election to provide complete invoices in a timely fashion, may extend the filing deadline. (c) The report must be sworn to by the authority preparing it. (d) Any compensation claimed under Section 173.004 shall be forfeited on the failure of a county chair to file a timely report.

Tex. ELEC Code § 173.085. STATE PAYMENT OF EXCESS PRIMARY EXPENSES.

(a) If the actual expenditure for an item of primary election expense exceeds the amount estimated for the item in the statement of estimated primary election expenses, the excess expense is payable with state funds as provided by this section. (b) To obtain state compensation for an excess expense, the county chair or state chair, as applicable, must include in the report required by Section 173.084 : (1) an identification of the item for which the excess expense was incurred; (2) the amount of the excess; and (3) an explanation of the reason for exceeding the estimate. (c) The secretary of state shall approve the payment of the excess expense with state funds if the secretary determines that payment is justified by good cause. If the secretary determines that payment of the entire excess expense is not justified by good cause, the secretary shall approve the excess expense in the reduced amount that the secretary determines is appropriate. (d) The secretary of state shall promptly notify the authority filing the report of each item of excess expense not approved or approved in a reduced amount. (e) An item of excess primary election expense that is not approved by the secretary of state, or that part of an item that is not approved, may not be paid with state funds. (f) If the secretary of state approves an excess expense, the secretary shall include the approved amount in the certified statement prepared under Section 173.083 (d).

Tex. ELEC Code § 173.086. CHALLENGE OF DISBURSEMENT OF STATE FUNDS.

(a) The authority who submitted a statement of estimated primary election expenses under this subchapter may challenge in a district court in Travis County the amount of state funds approved by the secretary of state for disbursement. (b) A petition stating the ground of the challenge must be filed with the court not later than the 20th day after the earlier of: (1) the date of receipt of the secretary of state's notice of disapproval or approval in a reduced amount of a primary election expense involved in the challenge; or (2) the date of receipt of the comptroller's warrant for payment of a primary election expense involved in the challenge. (c) If the court determines the challenged amount is less than the amount to which the petitioner is entitled by law, the court shall order payment in the proper amount.

Tex. ELEC Code § 173.087. LIABILITY OF COUNTY CHAIR AND COUNTY EXECUTIVE COMMITTEE.

The county executive committee is not liable for the debts incurred by the committee or the county chair in connection with a primary election that are unpaid because the legislative appropriation is insufficient. The county chair or any other member of the county executive committee is not personally liable for those debts.

Tex. ELEC Code § 173.0341. STATE CHAIR AS FISCAL AGENT FOR COUNTY PARTY.

(a) A state chair, or the designee of a state chair, may enter into an agreement with a county chair under which the state chair will act as a fiscal agent for the county party. (b) The secretary of state shall prescribe the form of an agreement under this section. (c) If the state chair acts as the fiscal agent for a county party in accordance with an agreement under this section: (1) the state chair shall deliver the completed agreement to the secretary of state; (2) any filing fee received by the county party under Subchapter C must be made payable to the state party for deposit in the state primary fund not later than five days after receipt of the filing fee; (3) the county chair or county executive committee shall make a request in accordance with Section 31.093 to enter into a contract with the county elections administrator to conduct primary elections in the county; and (4) Section 173.031 does not apply to the county party. Added by Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640 ), Sec. 34, eff. September 1, 2019.

Tex. ELEC Code § 173.0831. STATE PAYMENT OF START-UP PRIMARY FUNDS.

(a) Not later than the 30th day before the beginning date of the regular filing period for public offices in the general primary election, a county chair may submit to the secretary of state a written statement of estimated primary election expenses. (b) Not later than the 10th day after the date the statement is received, the secretary of state shall have disbursed to the county chair start-up funds in an amount equal to 10 percent of the amount approved for and expended by the county chair and executive committee in the preceding general primary election. Added by Acts 1993, 73rd Leg., ch. 728, Sec. 68, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 169, eff. Sept. 1, 1997.

Tex. ELEC Code § 173.0832. DIRECT REPAYMENT TO AUTHORITY CONDUCTING PRIMARY ELECTION UNDER CONTRACT IN CERTAIN COUNTIES.

On request of a county election officer who conducts a primary election under an election services contract authorized under Subchapter D , Chapter 31 , the secretary of state shall provide payment of primary expenses directly to the officer who incurs the expense rather than to the county chair under this subchapter. The secretary of state shall prescribe procedures to implement this section. Added by Acts 2011, 82nd Leg., R.S., Ch. 154 (H.B. 1789 ), Sec. 1, eff. September 1, 2011.

Tex. ELEC Code § 173.0833. DIRECT BILLING OF CERTAIN PRIMARY EXPENSES.

(a) This section applies to election services and materials provided by a vendor for use in a primary election or primary runoff election, including: (1) the printing of paper ballot material containing candidates' names used in a polling place; (2) the programming and testing of voting system equipment, including ballot layout, programming of equipment, and audio production; (3) site support or technical support other than the programming or testing of voting system equipment; (4) nonballot election materials used in a precinct on election day, including election kits, required party stamps, distance signs, and required forms; and (5) the rental of non-county-owned electronic voting system equipment, including media components. (b) A vendor providing election services or materials to a county chair or a county election officer contracting with a county chair for a primary or runoff primary election shall directly bill the secretary of state for the cost of the services or materials used on election day for which state funding is available under this chapter. (c) The county chair or the county election officer contracting with the county chair for whom a vendor provides election services or materials to be directly billed to the secretary of state under this section: (1) shall direct the vendor to remit final invoices to the secretary of state for payment; and (2) may examine an invoice for accuracy after the invoice is submitted to the secretary of state for payment. (d) If after a review under Subsection (c)(2) an adjustment is required, the county chair or county election officer shall notify the vendor and the secretary of state. The vendor shall submit a corrected invoice and the secretary of state shall adjust the payment accordingly. (e) An invoice submitted to the secretary of state by a vendor for payment under this section must be in an electronic spreadsheet format prescribed by the secretary of state and list each county to which the vendor provides election services or materials. For each county to which a vendor provides election services or materials a submission must include: (1) the name of the political party; (2) the invoice number; (3) the date of submission; (4) the number of ballots printed, if any; (5) whether an order for ballot printing or programming of voting system equipment was placed by the county chair or an entity contracting with the county chair to hold the primary; and (6) the specific type of election services or materials provided. (f) A vendor may not submit an invoice directly billing the secretary of state for a primary election expense required to be paid by the county under Section 173.003 . (g) The direct payment by the secretary of state of an invoice under this section does not affect the payments calculated for county chairs under Section 173.004 or compensation of a county election officer under Section 31.100 . (h) The secretary of state may adopt rules as necessary to implement this section. Added by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735 ), Sec. 59, eff. September 1, 2017.

Tex. ELEC Code § 173.0851. DISPOSITION OF SURPLUS IN PRIMARY FUND.

(a) Any surplus remaining in a primary fund shall be remitted to the secretary of state immediately after the final payment from the fund of the necessary expenses for holding the primary elections for that year upon request of the secretary of state. The surplus in a primary fund shall be remitted regardless of whether state funds were requested by the chair. (b) Any surplus primary funds received by the secretary of state under this section shall be deposited in the state treasury and may be used only for the financing of primary elections. Added by Acts 1987, 70th Leg., ch. 54, Sec. 12(i), eff. Sept. 1, 1987. Amended by Acts 1987, 70th Leg., ch. 472, Sec. 46, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 864, Sec. 172, eff. Sept. 1, 1997.
Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026

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