County Funding Responsibility for Elections

Kara A. MillonziAssociate Professor of Public Law and Government

UNC-CH School of GovernmentAugust 2013

Community Colleges

Sheriff

Register of Deeds

Property Assessment

EMS

Mandated County Functions

Optional County Functions

County Board of Elections

Elections

County Board of Commissioners Authority

• Authority to “develop[] and direct[] the fiscal policy of the county government….” (G.S. 153A-101)

• Authority to adopt county budget ordinance, setting appropriations for local board of elections by department, function, or project. (G.S. 159-13)

• Authority to “fix or approve the schedule of pay, expense allowances, and other compensation” for all county employees and officials….” (G.S. 153A-92)

• Authority to amend county budget ordinance at any time to change appropriations (G.S. 159-15)

County Board of Commissioners Duties• To “appropriate reasonable and adequate funds

necessary for the legal functions of the county board of elections, including reasonable and just compensation of the director of elections.” (G.S. 163-37)

• To pay director of elections in county with full-time registration a salary that is commensurate with salary paid to similarly situated counties (G.S. 163-35)

• To pay the director of elections in all counties a minimum rate of $12.00 per hour for hours worked (G.S. 163-35)

• To provide director of elections the same vacation leave, sick leave, and petty leave as granted to all other county employees (G.S. 163-35)

• To compensate county board of election members $25 per meeting plus expenses (G.S. 163-32)

• To purchase voting machines (with approval of county board of elections) (G.S. 163-165.8)

County Board of Elections Authority / Duties

• “[P]repare and submit …a budget estimating the cost of elections for the ensuing fiscal year.” (G.S. 163-33)

• “[A]ppoint and remove the board’s clerk, assistant clerks, and other employees….” (G.S. 163-33)

• And to “pay its clerk, assistant clerks, and other employees such compensation as it shall fix within budget appropriations.” (G.S. 163-32)

• Appoint (and recommend for removal) director of elections (G.S. 163-35)

• In counties with full-time and registration, to set salary for director of elections (approved by board of county commissioners) that is commensurate with that paid in similarly situated counties (G.S. 163-35)

Full-timeFull-timeFull-time Full-time

Full-time

Part-timePart-time

Bd. of Commissioners Local Bd. of Elections

Part-time

Graham County Case: Key Holdings• Local board of elections employees are county employees

• Local board of elections has sole authority to hire and fire elections employees (except director of elections)

• County commissioners have no authority to determine number of local board of elections employees

• But….Local board of elections must make hiring/compensation decisions within budget appropriations adopted by the county commissioners

• And county commissioners can adopt budget ordinance to cap maximum amount of salary/benefits

What If….

• County board appropriates lump sum to local board of elections.

• Local board of elections hires 2 full-time employees.

• County board amends budget to reduce appropriation to local board of elections.

• County board directs local board of elections to implement cut by firing one of the two employees.

What If….• County board appropriates funds to local board of

elections by function code.

• Appropriation includes funding for 2 full-time local board of elections’ employees.

• Local board of elections hires 2 full-time employees.

• County board amends budget to reduce salary/benefits function code such that there is only funding for rest of the fiscal year for 1 full-time and 1 part-time employee.

What If….

• County board appropriates funds to local board of elections by function code.

• Appropriation includes funding for 2 full-time local board of elections’ employees.

• Local board of elections hires 2 full-time employees.

• In next year’s budget, county board appropriates funds only for 1 full-time employee and 1 part-time employee.

County can reduce appropriation in subsequent years, but still must abide by

statutory funding requirements

What If….• County board appropriates funds to local board

of elections by function code.

• Appropriation includes funding for 2 full-time local board of elections’ employees.

• Local board of elections hires 2 full-time employees.

• County manager, with consent of county board, implements a county-wide four-day furlough of all county employees, including election employees.