Commissioner Rich Paces Addresses Proposed County Elections Administrator

Following discussion surrounding a proposed County Elections Administrator (EA) position, Commissioner Rich Paces shares background, explains why the proposal did not move forward, and publishes the comments he had prepared for Commissioners Court.

By Rich Paces
Kerr County Commissioner, Precinct 2

Background

The idea of establishing a County Elections Administrator was first raised earlier this year by Tax Assessor-Collector Bob Reeves during a May budget workshop, without accompanying rationale. Judge Kelly had proposed a similar step during last year's budget cycle, but the motion failed to receive a second, as all four commissioners were opposed at that time.

This year, with the possibility of shifting support on the court, Commissioner Paces worked to inform key community leaders and coordinate opposition to the proposal. That effort resulted in:

• Multiple letters to the editor of local newspapers.
• A substantial volume of emails and phone calls to commissioners.
• Direct concerns raised by individuals closely involved in past Kerr County elections regarding how certain elections were conducted.
• Formal complaints filed with the Texas Secretary of State's Elections Division, which were also shared with the Commissioners Court.

The consistent message: Kerr County elections have not always been administered as cleanly as they should have been, and some officials responsible for running elections are not sufficiently familiar with the Texas Election Code. Commissioner Paces believes that needs to change.

On the day of the meeting, the agenda item was passed over without discussion. No explanation was offered, and public input on the topic was not permitted because the matter was listed on the agenda — even though the item was ultimately not taken up.

Prepared Remarks

The following are the prepared remarks Commissioner Paces intended to present during Commissioners Court. These statements are reproduced exactly as written.

"The Texas Association of Counties (TAC) on whom we rely heavily for advice and legal counsel, explicitly outlines that running elections is, by default, a foundational function of the elected County Clerk. In their educational resources (Texas Counties Deliver), TAC emphasizes that the County Clerk is the primary constitutional and statutory official designed to ensure the integrity of the democratic process at the local level. Creating an EA is an exception to the rule, not the standard state model."

"Proponents might think that creating an EA is a permanent, progressive step forward. However, Texas law heavily anticipates that counties will realize the EA model was a mistake. Under Texas Election Code Section 31.048, the state gives Commissioners' Courts the explicit authority to completely abolish the EA position \"at any time\" by written order. When a county abolishes the position, state law dictates that all election duties immediately revert right back to the elected County Clerk."

"The EA model has faced major scrutiny in Texas. In 2023, the Texas Legislature passed Senate Bill 1750, which legally forced Harris County to completely eliminate its appointed Elections Administrator position. The legislature stepped in because the appointed, non-elected department repeatedly suffered severe administrative failures, ballot paper shortages, and systemic errors. The state forced them to return all duties to the elected County Clerk and Tax Assessor-Collector specifically to restore voter accountability. Numerous other counties including Gillespie, Williamson, Tarrant and Kendall counties have had issues with their EAs."

"You are trying to fix a problem that doesn't exist today. We have a duly elected County Clerk who will take office in January. He is confident in his ability to run our elections and deliver on the other duties of the County Clerk. It is a slap in his face as well as everyone who voted for him to now take this function away from the County Clerk where it belongs by Texas statute. I personally voted for Carl Berthold because I wanted fresh eyes on Kerr County elections. I also wanted someone who is open to the possibility of hand counting paper ballots which is the only alternative to electronic voting systems that are easily manipulated and cannot be trusted. There are no major elections in 2027, so Carl has plenty of time to get up to speed and to fill any staff vacancies, if needed, before the 2028 primaries."

"It looks like you are tampering with Kerr County's recent election in which you did not like the outcome. It is an unbelievably bad look."

"Trey Trainer, former candidate for US Representative with more than twenty years working in election law in Texas and who served as General Counsel to the Texas Secretary of State, and as Chairman of the Federal Election Commission, wrote an op-ed in the Texas Scorecard advising Kerr County against creating an EA position. He stated, \"Most importantly, voters deserve to know who is responsible for running elections. Clear accountability builds confidence.\" An elected County Clerk provides voter accountability. An EA does not."

"I am opposed to creating an EA position, and if it somehow passes, in accordance with Texas Election Code Section 31.048, I will make a motion to abolish the EA position in our first commissioners court meeting in January. Candidates, take note."

Questions Presented to Commissioners Court

Outcome

Commissioners Court reconvened at 2:00 p.m. for the budget workshop, during which Judge Kelly reviewed proposed new positions and salary increases. Commissioner Paces specifically asked whether the Elections Administrator position was included in the proposed budget. Judge Kelly confirmed that it is not.

Commissioner Paces extended his thanks to every resident who took the time to contact commissioners, write letters to the editor, or otherwise make their voice heard. Public participation played a decisive role in the outcome.

Stay Informed

"If you haven't visited my website recently, I invite you to explore the Newsroom, where I regularly publish updates on county government, public safety, infrastructure, energy policy, and other issues affecting Kerr County."

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Disclaimer: This post is an unofficial account provided for informational purposes only and should be verified against official Kerr County Commissioners Court records, agendas, and minutes.