Could Harris County spend county money to encourage voter registration and hire a nonprofit organization to help?

Texas AG Opinion JM-157: Voter Registration Contracts

Plain-English summary

JM-157 concluded that Harris County could spend county funds to promote and encourage voter registration.

"We conclude that county funds may be expended to promote and encourage voter registration."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

It also concluded that the commissioners court, working with the voter registrar, could contract with a nonprofit organization to provide voter-registration services that the county and registrar were authorized to perform.

"[T]he commissioners court, with the cooperation of the registrar of voters, may contract with a non-profit organization to perform the services that the county and the registrar are authorized to provide."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

Currency note

This opinion was issued in 1984. 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 two questions did Harris County ask?

The request asked whether the commissioners court could spend county funds to encourage registration and whether the county and registrar could contract with a specialized nonprofit for that purpose.

"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 with a non-profit organization which specializes in voter registration."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

Who served as county voter registrar under the cited Election Code?

The county tax assessor-collector served as registrar unless the commissioners court designated someone else.

"The Election Code establishes the county tax assessor-collector as the registrar of voters in a county unless the commissioners court designates a different person to serve in that capacity."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

What responsibilities did the registrar have?

The registrar was responsible for registering voters and for related duties assigned by law.

"The registrar is responsible for, among other things, the registration of voters and duties incident to voter registration that are placed upon him by law."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

Could the registrar work with citizens and organizations?

Yes. The cited Election Code expressed legislative intent that the registrar enlist their support and cooperation to promote registration.

"It is the intent of the legislature that the registrar, in order to promote and encourage voter registration, shall enlist the support and cooperation of interested citizens and organizations."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

Who had authority to bind the county by contract?

The opinion described the commissioners court as the county's general business and contracting agency.

"[T]he 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."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

Did the commissioners court act alone?

No. JM-157 conditioned the nonprofit-contract conclusion on the registrar's consent and cooperation.

"Accordingly, it is our opinion that the commissioners court, with the consent and cooperation of the registrar of voters, may contract with a non-profit organization to perform the voter registration services that are within the power and authority of the county and the registrar."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

Background and legal framework

The opinion began from the rule that a commissioners court had only powers conferred expressly or by reasonable implication through the Texas Constitution and statutes.

"A county commissioners court has only the powers conferred either expressly or by reasonable implication by the constitution and statutes of this state."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

The cited Election Code reimbursed counties from state general revenue for some registrar expenses and placed excess expenses on the county.

"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 5.09b, subd. 3 provides that the expenses of the registrar in excess of the reimbursement received from the state shall be borne by the county."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

Holding

"County funds may be expended to promote and encourage voter registration. A commissioners court and registrar of voters, acting together, may contract with a non-profit organization for the purpose of promoting and encouraging voter registration."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0157
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0157.pdf

Original opinion text

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

[The official PDF omits page 2 of this opinion.]

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