1. (a) "Administrative Personnel" means a non-election-day worker.
2. (b) The employment of administrative personnel is not required for the conduct of the primary elections.
3. (c) Pursuant to §81.114 of this title (relating to Conflicts of Interest), no member of the county chair's family may be paid an administrative salary from primary funds.
4. (d) If administrative personnel are required for the conduct of the primary election, salaries or wages for such personnel are payable from the primary fund for a period beginning no earlier than December 1, 2009, and ending no later than the last day of the month in which the last primary election is held.
5. (e) The county chair shall submit to the Secretary of State a list of all necessary personnel to be paid from the primary fund with the 2010 Primary Election Final Cost Report. This list must indicate the name and title of the employee, job duties, hours to be worked, period of employment, monthly or hourly rate of pay, and the estimated or actual gross pay for the period.
6. (f) The county chair shall use the formula set out in the following figure to calculate the maximum total gross salaries that may be paid to administrative personnel. Salaries must be reasonable for the hours worked and services rendered and must reflect the salaries paid for similar work or services in the same area. In no circumstance may an employee who is paid from the primary fund be compensated more than $2,500 for any one-month's work. If an individual is paid from the primary fund and that individual is also leasing space, furniture, or equipment to the party for the primary-election, then the lease amounts must be added to that person's salary to determine whether the allowable administrative-salary limit has been reached.
   Attached Graphic
   
7. (g) If the county chair contracts with third parties or the county elections officer for election services, the overall administrative personnel costs to be submitted to the Secretary of State for reimbursement cannot include administrative expenses provided by third parties or a county election officer. (Administrative personnel costs include, but are not limited to, polling location services, ballot ordering, and secretarial services.)
8. (h) The Secretary of State may disallow full payment for administrative personnel if it is determined that the contracting county-elections officer substantially performed the conduct of the election.

Source Note:The provisions of this §81.123 adopted to be effective December 13, 2009, 34 TexReg 8665.