Fill - Free fillable JOINT PRIMARY ELECTION SERVICES CONTRACT WITH THE COUNTY (Texas Secretary of State) PDF form

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JOINT PRIMARY ELECTION SERVICES CONTRACT

WITH THE COUNTY ELECTIONS OFFICER STATE OF TEXAS,

COUNTY OF_______________________

THIS CONTRACT is made and entered into this ______ day of ____________, 20____, by and

between the _______________________ County__________________ Party, acting by and

through the Chair of its County Executive Committee, __________________(name), hereinafter

referred to as “Party,” and _________________(name), County Election Officer of

__________________ County, Texas, hereinafter referred to as the “Contracting Officer,” under

the authority of Section 31.092(b), Texas Election Code and relating to the conduct and supervision

of the______________County Joint Primary Election on ____________, 20____ (hereinafter

referred to as the “election”), and the _______________ County Joint Runoff Primary Election, if

necessary, on __________, 20____ (hereinafter referred to as the “runoff election”), such Joint

Primary Election and Joint Runoff Election having been approved in accordance with Section

172.126(a), Texas Election Code, by ______________ County Commissioners Court on

_______________, 20____, _________________County Clerk/Elections Administrator/Tax

Assessor-Collector, and the County Chairs of the ________________ County Republican Party

and ________________ County Democratic Party, respectively.

THIS CONTRACT is entered into for and in consideration of the mutual covenants and

promises hereinafter set out, and for the purpose of ensuring that the Contracting Officer and

the Party understand the tasks each is to perform in connection with the election and the

runoff election:

Duties and Services of the Contracting Officer. T

he Contracting Officer shall be

responsible for performing the following duties and furnishing the following services

and equipment (strike out any not being performed by the C.O., except those

required by Section 172.126, Texas Election Code) in connection with the election

and the runoff election. Pursuant to Chapter 173 of the Texas Election Code, election

services, equipment, and materials ordered from a Texas-certified voting system

vendor shall be reported to the Office of the Secretary of State (“SOS”) by the vendor

and the SOS shall pay the vendor directly. Election services, equipment, and materials

described in this contract provided by the contracting officer shall be reported to the

SOS via the SOS-prescribed primary finance system by the contracting officer and the

SOS shall pay the contracting officer directly. Any statutory duties required of the

contracting officer shall be a cost borne by the county. Costs not payable with state-

appropriated primary funds, including candidate filing fees, shall be paid from non-

state funded sources.

1.1 In accordance with Section 172.126(b), Texas Election Code, determine whether

to consolidate election precincts under Section 42.009, Texas Election Code,

and designate the location of the polling place in a consolidated precinct. In the

event that the county is approved to use countywide polling places in

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accordance with Section 43.007(a)(4), Texas Election Code, and if the county

chairs of both political parties agree in writing to the use of such countywide

polling places, the Contracting Officer shall use the county methodology

described in Section 43.007(f), Texas Election Code, to determine the

countywide polling places for the election and runoff election.

1.2 In accordance with Section 172.126(c), Texas Election Code, and rules

prescribed by the Texas Secretary of State, appoint one set of election judges

and election clerks (not to exceed the maximum number set by the SOS) for

each voting precinct from the names submitted by the parties. The presiding

judge of each party for each election day precinct shall serve as a co-judge.

There will be one early voting ballot board and one set of central counting station

judges and clerks, the members of whom will be chosen from the names

submitted by the parties. The Contracting Officer must ensure party balance

among the polling place election workers, early voting ballot board members,

and central counting station judges and clerks.

1.3 Notify the election judges of the election and the runoff election in accordance

with Section 4.007, Texas Election Code.

1.4 Contact the owners or custodians of the designated polling places and arrange

for their use in the election and runoff election.

1.5 Conduct one or more election schools, and notify the election judges of the

date(s), time(s), and place(s) of such schools. (This does not imply that election

judges or clerks will be paid for attending such schools. See 1 T.A.C. §§

81.120(a) & 81.121(c).)

1.6 In accordance with Section 172.1112, Texas Election Code, post a notice of the

election (and of any runoff election) and a notice of any consolidated precincts,

if applicable, on the county’s Internet websites. If a county does not maintain a

website, the notice must be posted on the bulletin board used for posting notices

of meetings of commissioners court. The notice must contain the information

set forth in Section 4.004, Texas Election Code and be posted within the time

frame set forth in Section 4.003(b), Texas Election Code.

1.7 In accordance with Section 172.126(f), Texas Election Code, determine the

ballot format and voting system for each election precinct.

1.8 Program, or arrange to have programmed, the ballot.

1.9 Post on the county’s internet website and Arrange to have published the legal

notice of the first test of the electronic tabulating equipment as provided in

Section 127.096, Texas Election Code, and/or the legal notice of the logic and

accuracy test of the direct recording electronic ("DRE") voting machines as

provided in Section 129.023(b), Texas Election Code, as applicable, and

conduct all required tests of the electronic tabulating equipment under Sections

127.096-127.098, Texas Election Code, the voting system that uses DRE voting

machines under 129.021-129.023, Texas Election Code, or the voting system

that uses other electronic voting systems in accordance with advisories issued

by the SOS, respectively.

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1.10 Procure and distribute all necessary election supplies, including without

limitation, ballots, election kits, office supplies such as paperclips, pens, etc.,

ballot boxes, and voting booths.

1.11 Procure all necessary voting machines and equipment, prepare them for use at

the early voting and election day polling places, and transport them (or arrange

to have them transported) to and from the early voting and election day polling

places.

1.12 Arrange for the use of a central counting/central accumulation station and for

the central counting station manager and tabulating personnel and equipment

needed at the counting/accumulation station and assist in the preparation of

programs and the test materials for the tabulation of ballots to be used with

electronic voting equipment.

1.13 Obtain voter registration lists from the voter registrar to be used during early

voting and on election day.

1.14 In accordance with Section 172.126(a), Texas Election Code, supervise the

overall conduct of the joint primary election.

1.15 Prepare the unofficial tabulation of precinct results on election night in

accordance with Section 172.113, Texas Election Code. Separate election

returns must be prepared for each party’s primary election.

1.16 Submit Election Night Returns ("ENR") electronically to the SOS in the form

requested by the SOS in accordance with Chapter 68, Texas Election Code.

1.17 Prepare and submit to the SOS an electronic report of the number of votes,

including early voting votes, received in each county election precinct by each

candidate for the offices of President and Vice-President of the United States (if

applicable), statewide offices, the offices of U.S. Representative, state senator,

or state representative, district offices, county or precinct offices in accordance

with Sections 67.017 and 172.124, Texas Election Code.

Duties and Services of the Party. T

he Party shall be responsible for performing

the following duties in connection with the election and the runoff election:

2.1 In accordance with Section 172.126(c), Texas Election Code, not later than the

second Monday in December preceding the election, deliver to the Contracting

Officer a list of the election judges and clerks for the Party, including judges and

clerks for the early voting ballot board and the central counting station.

2.2 Appoint in accordance with Sections 127.002, 127.003, and 127.004, Texas

Election Code, the counting station manager, tabulation supervisor, and

assistants to the tabulation supervisor that usually perform these functions in

the county for elections ordered by the governor, the county judge or

commissioners court.

2.3 As soon as possible after the final candidate filing deadline (or in the case of a

runoff election, after the canvass of the election), certify in writing to the

Contracting Officer (i) the candidates’ names (as they are to appear on the

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ballot) and offices, and (ii) any referenda under Section 172.087, Texas Election

Code (in English, Spanish, and any other required languages) that are to appear

on the ballot, to allow sufficient time to prepare the ballot and to conduct any

necessary logic and accuracy testing.

3. C

ompensation, Billing, and Payment.

3.1 F

or the performance of duties and services and the providing of equipment and

supplies under Paragraph 1 above, the Contracting Officer shall report to the

SOS via the SOS-prescribed primary finance system the actual expenses

he/she incurs in accordance with Section 31.100, Texas Election Code and the

leasing fees allowed under Section 123.033 (e) and (f), Texas Election Code,

including without limitation, the costs and expenses of election supplies;

newspaper publication of the testing notice only; use of voting machines and

equipment; wages and salaries of the precinct election judges, alternate

judges, and election clerks, members of the early voting ballot board, and

central counting station personnel; programming the ballot; logic and accuracy

testing, and voting machines and equipment transportation. Provided, that

nothing herein shall be construed as permitting the Contracting Officer to be

paid for costs or expenses for which reimbursement is not allowed under

Section 31.100 or other sections of the Texas Election Code or under the SOS

administrative rules or advisories relating to primary funds.

3.2 For the performance of duties and services and the providing of equipment and

supplies under Paragraph 1 above, SOS shall pay the Contracting Office a fee

of 10% of the total amount of the contract (but not less than $75) in accordance

with Section 31.100(d), Texas Election Code.

3.3 Notwithstanding anything to the contrary in this Contract, the Contracting Officer

may require that money be paid in advance to conduct the election and the

runoff election from SOS, which must be paid into a separate county fund in

accordance with Section 31.100(a), Texas Election Code, from which the

Contracting Officer may make expenditures for the election and runoff election.

3.4 Notwithstanding anything to the contrary in this Contract, the Contracting Officer

will receive direct payment of actual expenses incurred by the Contracting

Officer in connection with the election or runoff election and in accordance with

this Contract from the SOS in accordance with rules and procedures

established by the SOS and Section 173.0832, Texas Election Code.

3.5 Notwithstanding anything to the contrary in this Contract, the Contracting Officer

may request the Party to pay directly to the precinct election and alternate

judges and election clerks, members of the early voting ballot board, and the

presiding and alternate judges and clerks of the central counting station the

wages and salaries earned by them in connection with the election and runoff

election. In this instance, the costs will not be considered election services

contracted with the Contracting Authority for purposes of calculating the 10%

fee described in Paragraph 3.2 above.

3.6 A cost estimate for the services, equipment, and supplies provided by the

Contracting Officer for the election and the runoff election is attached to and

made a part of this Contract as Exhibit A. The cost estimate should express

costs in the categories set forth in the Party’s Primary Cost Estimate and the

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4. Early Voting.

5. Voting System.

6. A

cknowledgement of Shared Election.

7. G

eneral Provisions.

Party’s Primary Runoff Cost Estimate and shall be reported to the SOS via the

SOS-prescribed primary finance system. The Party and the Contracting Officer

acknowledge that the cost of the election and the runoff election is paid for

from the state-appropriated primary funds, including candidate filing fees, with

the county paying for the cost of early voting in accordance with Section

173.003, Texas Election Code. The Contracting Officer and the Party also

acknowledge their responsibility to comply with the administrative rules issued

by the SOS relative to primary financing, 1 T.A.C. §§ 81.101-81.157.

3.7 As soon as reasonably possible after the election or the runoff election, the

Contracting Officer will submit an itemized invoice to the Party (i) for the actual

expenses he/she incurred as described in Paragraph 3.1 above and (ii) for the

Contracting Officer’s fee as described in Paragraph 3.2 above and shall be

reported to the SOS via the SOS-prescribed primary finance system. The

invoice shall reflect any advance monies paid under Paragraphs 3.3 and 3.4.

In accordance with Section 83.002(2), Texas Election Code, the

Contracting Officer is the early voting clerk for the election and the runoff election,

both with respect to early voting in person and voting by mail. The county shall not

be entitled to reimbursement from the Party for the cost of early voting, except for

the cost of the ballots and the ballot programming for use of the voting system, as

set forth in the administrative rules promulgated by the SOS.

The voting system to be used in the election and runoff election is

The Party acknowledges that the election

is a Joint Primary under Section 172.126, Texas Election Code and that the

Contracting Officer, in accordance with Section 31.092(e), Texas Election Code,

may enter into a similar Joint Primary Election Services Contract with any other

political party in the same county that nominates its candidates for office by primary

election. In such event, the Party agrees to share common polling places, the cost of

ballot programming, voting equipment, and the common set of election workers with

the other political party.

7.1 Nothing contained in this Contract shall authorize or permit a change in the officer

with whom or the place at which any document or record relating to the election

or to the runoff election is to be filed, the place at which any function is to be

carried out, the officers who conduct the official canvass of the election returns,

the officer to serve as custodian of the voted ballots or other election records,

or any other nontransferable functions specified by Section 31.096, Texas

Election Code or other provisions of Texas law.

7.2 The Contracting Officer is the agent of the Party for purposes of contracting with

third parties with respect to the election expenses within the scope of the

Contracting Officer’s duties, and the Contracting Officer is not liable for the

Party’s failure to pay a claim.

7.3 The Contracting Officer shall file copies of this Contract with the County Treasurer

(County Judge, if there is not a County Treasurer) and the County Auditor.

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7.4 Only the actual expenses directly attributable to the Contract may be charged

to the Party by the Contracting Officer, including administrative fees, Section

31.100, Texas Election Code.

7.5 Except for statutory duties required of the Contracting Officer, such as those

described in Paragraph 4 above, both parties acknowledge that the Party should

not request the Contracting Officer to incur expenses in connection with the

election and runoff election that are not reimbursable with primary funds under

the SOS administrative rules or Texas Statutes and that the Contracting Officer

should not incur expenses in connection with the election and runoff election

that are not reimbursable with primary funds under the SOS administrative rules

or Texas Statutes.

7.6 For purposes of implementing this Contract, the Contracting Officer and the

Party designate the following individuals, and whenever the Contract requires

submission of information or notice to the Contracting Officer or the Party,

submission or notice shall be made to these individuals:

or the Contracting Officer:

Name:

Mailing Address:

Phone #:

Fax:

Email:

For the Party:

Name:

Mailing Address:

Phone #:

Fax:

Email:

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7.7 By their signatures below, the Contracting Officer and the Chair of the Party's County

Executive Committee warrant and represent that they are authorized to enter into

this Contract.

The Contracting Officer

By:

Title:

Date:

The Party

By:

Title:

Date:

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