..
The Attorney General of Texas
August 16, 1983
JIM MATTOX
Attorney General
Supreme Court Building Honorable Randall L. Sherrod Opinion No. JM-61
P. 0. BOX 12548 Criminal District Attorney
Austin. TX. 78711. 2548 Randall County Courthouse Re: Handling of funds received
51214752501 Canyon, Texas 79015 by counties under article 5.19b
Telex 9101874-1367
of the Election Code
Teleccxier 5121475-0266
Dear Mr. Sherrod:
,607 Main St.. suite 1400
Dallas, TX. 75201-4709 Article 5.19b of the Election Code provides for reimbursement by
2141742-8944
the state to each county of expenses incurred by voter registrars in
registering new voters and in cancelling invalid voter registration
4824 Alberta Ave.. Suite 160 certificates. You ask the following three questions concerning the
El Paso, TX. 79905-2793 disposition of funds received pursuant to this provision:
9151533.3484
r- 1. Do the voter registration funds received
,220 Dallas Ave.. Suite 202 under article 5.19b, Election Code, properly
tiouston. TX. 77002.8988 belong in the county treasurer's office?
7131850-0686 (Presently the treasurer maintains the checkbook
on this account in the county depository as a
606 Broadway. Suite 312
non-interest bearing fund).
LubboCk. TX. 79401.3479
8081747-5238 2. Is action of the commissioners court
required before any of the subject funds can be
disbursed?
4309 N. Tenth. Suite B
McAllen. TX. 78501-1685
5121682.4547
3. Subdivision 4 of article 5.19b provides
that these funds are to be used for defraying
expenses of the registrar's office in the
200 Main Plaza, Suite 400 registration of voters. Please define the type of
San Antonio. TX. 78205-2797
expenses of that office which would qualify for
5121225-4191
such payment.
An Equal OpportunityI First, you ask whether funds received pursuant to article 5.19b
Affirmative Action Employer
of the Election Code should be deposited with the county treasurer.
Subdivision 4 of article 5.19b specifically provides that "[a]11 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
,-,
p. 265
Honorable Randall L. Sherrod - Page 2 (JM-61)
--.
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
[tlh= 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. 5.20~1,or the distribution
of application forms arigh 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 ?
p. 266
. .
Honorable Randall L. Sherrod - Page 3 (JM-61)
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.
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
p. 267