Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas
May 9, 1904
JIM MAl-lOX
Attorney General
Supreme churl Building Honorable Mike Driscoll Opinion No. JM-157
P. 0. BOX 12548
Austin, TX. 78711.254S
Harris County Attorney
51214752501 1001 Preston, Suite 634 Re: Whether a commissioners
Telex 91ws74.1387 Houston. Texas 77002 court may expend county funds
Telecopier 512/475-02SS to encourage voter registration
714 Jackson, Suite 7W
Dear Xr. Driscoll:
Dallas. TX. 752024506
2141742-8944 You ask whether the Harris County Commissioners Court may expend
county funds to promote and encourage voter registration and whether
the county and the registrar of voters may contract for that purpose
4824 Alberta Ave.. Suite 180
with a non-profit organization which specializes in voter
El Paso. TX. 79305.2793
91515333484 registration. We conclude that county funds may be expended to
promote and encourage voter registration and that the commissioners
c9urt. with the cooperation of the registrar of voters, may contract
701 Texas. Suite 700 vith a non-profit organization to perform the services that the county
ouslo”. TX. 77002~3111
and the registrar are authorized to provide.
7131223-5886
A county commissioners court has only the powers conferred either
805 Broadway. Suile 312 expressly or by reasonable implication by the constitution and
Lubbock, TX. 79401.3479 statutes of this state. See Tex. Const. art. V. 118; Canales v.
SOW747~523.3
Laughlin, 214 S.W.2d 451, 4r(Tex. 1948).
4309 N. Tenth. Suite B The Election Code establishes the county tax assessor-collector
McAllen. TX. 78501.1885 as the registrar of voters in a county unless the commissioners court
5121682-4547 designates a different person to serve in that capacity. Elec. Code
arts. 5.09a. aubd. 1; 5.09b. subd. 1; 5.24a. aubda. 1, 3. The
200 Main Plaza, Suite 400 registrar ia responsible for, among other things, the registration of
San Antonio. TX. 782052797 voters and duties incident to voter registration that are placed upon
5121225-4191 him by law. Elec. Code art. 5.09a. subd. 2. It is the intent of the
legislature that the registrar, in order to prmote and encourage
voter registration, shall enlist the support and cooperation of
An Equal Oppoftunityl
Affirmative Action Employer
interested citizens and organizations. Elec. Code art. 5.20e. subd.
4. Article 5.19b provides specified reimbursement to the counties
from the state’s general revenue fund for expenses of the registrar’s
office in the registration of voters, and article 5.098, subd. 3
provides that the expenses of the registrar in excess of the
~reimbursement received from the atate shall be borne by the county.
See Attorney General Opinion JM-61 (1983). Accordingly, we conclude
that the Election Code authorizes the commissioners court to expend
p. 693
Eonorable Mike Driscoll - Page 3 (JM-157)
of the enumerated programs or methods of operation proposed by the
voter registration organization here.
Articles 5.09a and 5.208 of the Election Code expressly provide
that the registrar of voters is responsible for voter registration,
including deputy registrars. registration places. support and
cooperation of Interested citizens and organizations, and other duties
incident to voter registration. The commissioners court
is the general business and contracting agency of
the county, and it alone has authority to make
contracts binding on the county, unless otherwise
specifically provided by statute.
Anderson v. Wood, supra. Accordingly, it is our opinion that the
cornmissioners court, with the consent and cooperation of the registrar
of voters, may contract with a non-profit organization to perform the
voter registration aervlces that are within the power and authority of
the county and the registrar. -See Attorney General Opinion H-1123
(1978).
SUMMARY
County funds may be expended to promote and
encourage voter registratiim. A conrmissioners
court and registrar of voters, acting together,
may contract with a non-profit organization for
the purpose of promoting and encouraging voter
registration.
JIM MATTOX
Attorney General of Texas
TOMGREEN
First Assistant Attorney General
DAVID R. RICRARDS
Executive Assistant Attorney General
Prepared by Nancy Sutton
Assistant Attorney General
p. 695