Management of Elections in Texas, Part I. Who’s in Charge Here?
By Miriam Foshay
The Lineup: Their roles, responsibilities and limitations
If you’re like most of us, the only time you meet people involved in elections is when you go to a polling place to vote. Who are these people? Are they volunteers or employees? How much power do they have? Who makes sure that the vote is protected, and how is that done? Lots of questions were raised about election security in the 2020 election, and the Texas Legislature passed many new laws to increase confidence in the outcome.
The people in charge of elections in Texas range from statewide officials to locally elected and appointed individuals whose roles are defined in the Texas Election Code. What follows is a primer of the various roles and the responsibilities and obligations of each. Sorry about the length – there are many people involved. Use this blog as a guide.
Secretary of State
Do you remember voting for the Secretary of State? No? That’s because he was appointed.
The current officeholder, John B. Scott was appointed in October 2021 by Gov. Abbott. As the official in charge of elections, it makes sense that this office would not be an elected position. Supervising your own election would be a conflict of interest. The Secretary of State is responsible for Election Security. In addition to serving as head honcho in charge of elections, the Secretary of State has additional responsibilities, including providing business services and serving as the governor’s liaison with Mexico and border issues.
As chief administrator of the election code, the Secretary of State holds regular seminars for county elections administrators to educate them about election law and answer questions. In that capacity, he ensures that the law is uniformly applied and interpreted across the state. He also interacts with nonprofits that focus on voting issues. Grace Chimene, president of the League of Women Voters of Texas, reports that past Secretaries have had an amicable relationship in spite of the League’s frequent lawsuits against the State.
The Secretary of State is also responsible for keeping the list of registered voters. Maintaining that list is in the hands of county elections officials.
County Clerk
The County Clerk’s only obligation under the election statutes is to recommend polling places to the Commissioners Court. Polling places must be publicly owned buildings, including schools and public libraries.
County Commissioners Court
Polling places are determined by the Commissioners Court. If you don’t like the location of your polling place, the Texas Legislature has solved your problem: you can now vote at any polling place in the county. Per statute, the Commissioners Court also appoints the Elections Administrator, election judges, and the Citizens Elections Advisory Committee.
Citizens Elections Advisory Committee
If you want to have a say in how elections are run, the Citizens Elections Advisory Committee is for you. Each member of the Commissioners Court can appoint two members, plus another three are appointed jointly. The CEAC advises the Elections Administrator and the Commissioners Court on acquisitions, expenditures, election procedures and related issues under the direction of the Elections Administrator. Be prepared to do some research, but before that, make friends with a member of the Commissioners Court.
County Elections Administrator
Did you vote for the County Elections Administrator? Neither did I. Like the Secretary of State, this is an appointed position (conflict of interest, remember?). The current administrator for Dallas County is Michael Scarpello. He was a guest speaker at our Susan B. Anthony Luncheon on February 10th. If you live in Far North Dallas in Collin County, your administrator is Bruce Sherbet.
The Elections Administrator is tasked with registering voters and conducting elections, but recent laws have added layers of concern for this position. The administrator must train his staff, which in Dallas consists of 52 full-time employees, and he’s also responsible for the training of election workers. Recent statutes make it a felony to commit errors in the conduct of elections, whether intentional or unintentional, and the Elections Department is on the hook for the defense. With 47 different contractors and 5,000 workers interacting with over a million voters, the number of potential errors is daunting. He’s also responsible for maintaining the list of registered voters, which means adding, deleting and making address changes in a timely manner. On top of that, the state has mandated new equipment but provided no funds for its purchase. Writing the budget for all of that must have been a major headache. Now you know why he needs a staff of 52.
It may hearten you to know that, when LWV of Texas did a study of county elections departments’ web sites, Dallas County was one of the most accurate and complete. If you haven’t checked it recently, you should. You will find a wealth of information, including new electoral district boundaries.
Mr. Scarpello and their staff take their mission seriously. You will find them helpful and cooperative. Please take advantage of all they have to offer.
Election Judges
Every polling place has an election judge and an alternate, each appointed by the Commissioners Court for county-wide elections (city and school board elections may be different). The presiding judge must be of the party that won the most votes for governor in that precinct, and the alternate must be of the opposing party, so one party can’t pack the roster. The parties submit a list of candidates, so if you want to be an election judge, go join a political party.
Election judges are responsible for conduct of the election at their assigned polling place including administering oaths and assigning duties and working hours. They also keep order and maintain the peace inside and within 100 feet of the building entrance. Don’t complain to them about what happens outside that area; if you see voter intimidation, call the police. Election judges can issue arrest warrants and call on a police officer to eject unruly troublemakers, including troublesome poll watchers that break the rules. Alternate judges act as election clerks.
Elections Clerks
If you want to be a county elections clerk, you must be registered to vote in that county and to attend training. Clerks currently earn $16/hr and work under the direction of the presiding judge of their polling location. They qualify voters, assist voters with the equipment and help to open and close the polling place. If you’re bilingual in English and Spanish or Vietnamese, the Elections Department especially needs you. To set voters’ minds at ease, you can’t be an elections judge or clerk if you are a candidate, campaign manager or treasurer for a campaign committee, the employee of an elected official, or the employee or relative of an opposed candidate.
Student Elections Clerks
If you are 16 or older, a U.S. citizen, have your parents’ permission and an excuse from school, you too, can work under the direction of the elections judge. It is a good experience, and better yet, you get paid.
Poll watchers
The legislature added partisan poll-watchers to the list of people who can be in your polling place. These are people appointed to observe the conduct of an election on behalf of a candidate, political party, or the proponents or opponents of a measure. According to the law, they may not interfere with the orderly conduct of an election, converse with voters or election officials, or use a recording device, but must be allowed to see and hear poll workers’ activities and may report on observed irregularities. (Election officials are allowed to use recording devices). Feel better now?
Because in the past, poll watchers were used to intimidate voters, many are concerned about what their influence will be. If you see a poll watcher doing anything forbidden by law, report it to the election judge, but the judge may not eject the poll watcher unless they see it themselves.