How did a county have to hold, disburse, and use state voter-registration reimbursement money?
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This page answers the general question as of 1983. Ezel answers yours: what it means for your facts, under current Texas law, with citations.
Texas AG Opinion JM-61: County Voter-Registration Reimbursement Funds
Plain-English summary
JM-61 concluded that state voter-registration reimbursements had to be deposited with the county treasurer in the county depository and maintained in a special fund.
"It is beyond cavil that any funds received pursuant to article 5.19b of the Election Code must be deposited with the county treasurer in the county depository and kept in a special fund."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
The commissioners court had to act before the money could be disbursed because the county treasurer paid county money in the manner the court required or directed, consistent with law.
"Second, you ask whether action taken by the commissioners court is required before any of the subject funds can be disbursed. We answer your question in the affirmative."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
The reimbursements could pay any reasonable registrar-office expense incurred in voter registration and directly attributable to registering voters. The county remained responsible for expenses above the state reimbursement.
"We conclude that the funds may be used for defraying any reasonable expenses incurred by the registrar's office in the registration of voters."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf"We note, however, that any expenses of the registrar in excess of reimbursements received pursuant to article 5.19b of the Election Code must be borne by the county."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
Currency note
This opinion was issued in 1983. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
What did the state reimburse?
Former article 5.19b reimbursed each county for voter-registrar expenses incurred in registering new voters and cancelling invalid registration certificates.
"Article 5.19b of the Election Code provides for reimbursement by the state to each county of expenses incurred by voter registrars in registering new voters and in cancelling invalid voter registration certificates."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
Where did the money have to be deposited?
In the county treasury, in a special fund maintained in the county depository.
"All money received by a county under this section shall be deposited in the county treasury in a special fund to be used for defraying expenses of the registrar's office in the registration of voters."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf"[The funds] must be deposited with the county treasurer in the county depository and kept in a special fund."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
Did the commissioners court have to authorize disbursement?
Yes. The county treasurer's governing statute made disbursement subject to the commissioners court's lawful requirements or directions.
"[T]he County Treasurer, as chief custodian of county finance, shall . . . Pay and apply or disburse the same [i.e. all moneys belonging to the county], in such manner as the Commissioners Court may require or direct, not inconsistent with constituted law."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
What expenses qualified?
Any reasonable expense incurred by the registrar's office in registering voters could qualify. The statute did not provide an exclusive or nonexclusive itemized list.
"Article 5.19b of the Election Code does not delineate a list, exclusive or otherwise, of such expenses."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf"We conclude that the funds may be used for defraying any reasonable expenses incurred by the registrar's office in the registration of voters."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
What examples did JM-61 give?
It identified deputy-registrar salaries, establishing county registration places, and distributing application forms at high-school graduation exercises as possible expenses.
"Such expenses could include, but are not necessarily limited to, salaries of deputy registrars or the establishment of registration places in the county . . . or the distribution of application forms at high school graduation exercises."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
Could the registrar retain the reimbursement as fees of office?
No. The statute said the money was not fees of office and could not be retained as fees in counties where the registrar was paid on a fee basis.
"None of the money shall be deemed to be fees of office or be retained by the registrar as fees in counties where the registrar is compensated on a fee basis."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
Who paid registrar expenses exceeding the reimbursement?
The county.
"[A]ny expenses of the registrar in excess of reimbursements received pursuant to article 5.19b of the Election Code must be borne by the county."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
Background and statutory framework
Randall County's criminal district attorney asked whether the treasurer should hold the funds, whether commissioners-court action was needed to disburse them, and what registrar expenses qualified.
"You ask the following three questions concerning the disposition of funds received pursuant to this provision."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
The opinion found no legislative intent requiring one particular method of expenditure within the statutory voter-registration purpose.
"Our examination of the legislative history indicates that the legislature did not intend that funds received pursuant to article 5.19b of the Election Code be expended in a particular manner."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
Holding
"(1) Funds received pursuant to article 5.19b of the Election Code must be deposited in the county treasury in a special fund. (2) Action taken by the commissioners court is required before any of the subject funds can be disbursed. (3) The funds must be used for defraying reasonable expenses incurred by the registrar's office directly attributable to costs of registering voters."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
Citations and references
Statutes discussed by JM-61:
- "article 5.19b of the Election Code" Official PDF
- "article 5.19b, subdivision 4 of the Election Code" Official PDF
- "article 1709, V.T.C.S." Official PDF
- "article 5.20a of the Election Code" Official PDF
- "article 5.20b of the Election Code" Official PDF
- "article 5.09a, subsection 3 of the Election Code" Official PDF
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0061
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0061.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.
The Attorney General of Texas
JIM MATTOX
Attorney General
August 16, 1983
Honorable Randall L. Sherrod
Criminal District Attorney
Randall County Courthouse
Canyon, Texas 79015
Opinion No. JM-61
Re: Handling of funds received by counties under article 5.19b of the Election Code
Dear Mr. Sherrod:
Article 5.19b of the Election Code provides for reimbursement by the state to each county of expenses incurred by voter registrars in registering new voters and in cancelling invalid voter registration certificates. You ask the following three questions concerning the disposition of funds received pursuant to this provision:
Do the voter registration funds received under article 5.19b, Election Code, properly belong in the county treasurer's office? (Presently the treasurer maintains the checkbook on this account in the county depository as a non-interest bearing fund).
Is action of the commissioners court required before any of the subject funds can be disbursed?
Subdivision 4 of article 5.19b provides that these funds are to be used for defraying expenses of the registrar's office in the registration of voters. Please define the type of expenses of that office which would qualify for such payment.
First, you ask whether funds received pursuant to article 5.19b of the Election Code should be deposited with the county treasurer. Subdivision 4 of article 5.19b specifically provides that "[a]ll money received by a county under this section shall be deposited in the county treasury in a special fund to be used for defraying expenses of the registrar's office in the registration of voters." See also V.T.C.S. art. 1709. It is beyond cavil that any funds received pursuant to article 5.19b of the Election Code must be deposited with the county treasurer in the county depository and kept in a special fund.
Second, you ask whether action taken by the commissioners court is required before any of the subject funds can be disbursed. We answer your question in the affirmative. Article 5.19b of the Election Code is silent on this issue. However, article 1709, V.T.C.S., provides that
[T]he County Treasurer, as chief custodian of county finance, shall . . . Pay and apply or disburse the same [i.e. all moneys belonging to the county], in such manner as the Commissioners Court may require or direct, not inconsistent with constituted law.
Finally, you ask what types of expenses may be reimbursed to the county from these funds. Article 5.19b of the Election Code does not delineate a list, exclusive or otherwise, of such expenses. Article 5.19b, subdivision 4, provides only the following in pertinent part:
All money received by a county under this section shall be deposited in the county treasury in a special fund to be used for defraying expenses of the registrar's office in the registration of voters. None of the money shall be deemed to be fees of office or be retained by the registrar as fees in counties where the registrar is compensated on a fee basis. (Emphasis added).
Our examination of the legislative history indicates that the legislature did not intend that funds received pursuant to article 5.19b of the Election Code be expended in a particular manner. We conclude that the funds may be used for defraying any reasonable expenses incurred by the registrar's office in the registration of voters. Such expenses could include, but are not necessarily limited to, salaries of deputy registrars or the establishment of registration places in the county, see Elec. Code art. 5.20a, or the distribution of application forms at high school graduation exercises. See Elec. Code art. 5.20b. We note, however, that any expenses of the registrar in excess of reimbursements received pursuant to article 5.19b of the Election Code must be borne by the county. See Elec. Code art. 5.09a, subsection 3.
SUMMARY
(1) Funds received pursuant to article 5.19b of the Election Code must be deposited in the county treasury in a special fund. (2) Action taken by the commissioners court is required before any of the subject funds can be disbursed. (3) The funds must be used for defraying reasonable expenses incurred by the registrar's office directly attributable to costs of registering voters.
Very truly yours,
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Jim Moellinger
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Acting Chairman
Jon Bible
David Brooks
Colin Carl
Jim Moellinger
Nancy Sutton
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