State funds may pay an excess primary election expense only if the secretary of state approves it.
Sec. 173.085. STATE PAYMENT OF EXCESS PRIMARY EXPENSES. (a) If the actual expenditure for an item of primary election expense exceeds the amount estimated for the item in the statement of estimated primary election expenses, the excess expense is payable with state funds as provided by this section. (b) To obtain state compensation for an excess expense, the county chair or state chair, as applicable, must include in the report required by Section 173.084: (1) an identification of the item for which the excess expense was incurred; (2) the amount of the excess; and (3) an explanation of the reason for exceeding the estimate. (c) The secretary of state shall approve the payment of the excess expense with state funds if the secretary determines that payment is justified by good cause. If the secretary determines that payment of the entire excess expense is not justified by good cause, the secretary shall approve the excess expense in the reduced amount that the secretary determines is appropriate. (d) The secretary of state shall promptly notify the authority filing the report of each item of excess expense not approved or approved in a reduced amount. (e) An item of excess primary election expense that is not approved by the secretary of state, or that part of an item that is not approved, may not be paid with state funds. (f) If the secretary of state approves an excess expense, the secretary shall include the approved amount in the certified statement prepared under Section 173.083(d). Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(h), eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 864, Sec. 171, eff. Sept. 1, 1997.