(a) A county elections administrator may not be a candidate for a public office or an office of a political party, hold a public office, or hold an office of or position in a political party. At the time an administrator becomes a candidate or accepts an office or position in violation of this subsection, the administrator vacates the position of administrator.
(b) A county elections administrator commits an offense if the administrator makes a political contribution or political expenditure, as defined by the law regulating political funds and campaigns, or publicly supports or opposes a candidate for public office or a measure to be voted on at an election. An offense under this subsection is a Class A misdemeanor. On a final conviction, the administrator’s employment is terminated, and the person convicted is ineligible for future appointment as county elections administrator.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $4,000
For details, see Texas Penal Code § 12.21

Terms Used In Texas Election Code 31.035

  • Conviction: A judgement of guilt against a criminal defendant.
  • Law: means a constitution, statute, city charter, or city ordinance. See Texas Election Code 1.005
  • Measure: means a question or proposal submitted in an election for an expression of the voters' will. See Texas Election Code 1.005
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) In this section, “candidate” means a person who has taken affirmative action, as described by the law regulating political funds and campaigns, for the purpose of gaining nomination or election.