1. (a) This subchapter applies to the use and management of all primary funds.
2. (b) Approval by the Secretary of State (SOS) of a primary cost estimate does not relieve the chair, any employee paid from the primary fund, or the county election officer, of their responsibility to comply with administrative rules issued by the SOS, or with any statute governing the use of primary funds.
3. (c) The SOS shall provide a primary cost estimate to each county chair based on 75% of the final approved costs less non-state appropriated financing sources (e.g., filing fees) for the most recent comparable election for which data is available as determined by the SOS. In order to receive the primary estimate payment, the chair must submit to the SOS a primary cost estimate via the SOS online primary finance system.
4. (d) If a statewide runoff election is conducted, the SOS shall provide a runoff cost estimate to each county chair based on 75% of the final approved costs for the most recent comparable election for which data is available as determined by the SOS. In order to receive the runoff estimate payment, the chair must submit to the SOS a runoff cost estimate via the SOS online primary finance system.
5. (e) If data is not available to create a pre-populated cost estimate or if the chair wishes to amend the pre-populated estimate, the chair may enter the appropriate data in the SOS online primary finance system.
6. (f) Section 173.031 of the Texas Election Code provides for direct payment from the SOS to a county of a population of 100,000 or more who conducts a primary election under an election services contract. It is the county's prerogative and responsibility to request direct payment from the state. The state is not responsible for revenue due to the county held by the county chair, such as candidate filing fees.
7. (g) A payment may not be made directly to the county unless the county chair submits the necessary data to the SOS through a primary or runoff election cost estimate or a final primary election cost report.
8. (h) For purposes of Subchapters F and G of this chapter of the Texas Administrative Code, "county election officer" refers to the county clerk, county election administrator, or county tax assessor-collector, depending on the county.

Source Note:The provisions of this §81.101 adopted to be effective December 13, 2009, 34 TexReg 8665; amended to be effective March 7, 2012, 37 TexReg 1483; amended to be effective January 9, 2014, 39 TexReg 209; amended to be effective November 9, 2015, 40 TexReg 7811.