County Elections

County Divisions and Elective Offices in the County

Counties are divided into four precincts for the Commissioners Court. Those are supposed to take into account population changes at the Census, and are redistricted every ten years after the census comes out.

The Justices of the Peace and Constables serve five precincts that may overlap but differ from those for the Commissioners Court. Counties are required to divide precincts after the population hits a threshold.

Elections for JP, Constable, and the Commissioners Court are staggered. Terms served are for four years.

Commissioners Court

The Commissioners Court is the top decision-making body in the county. In spite of the name, it does not function to judge civil or criminal matters. It is made up of four commissioners elected from precincts on a staggered basis for four-year terms and the county judge who is elected county-wide and presides over the court. The county judge serves for a four-year term and can opt to serve as an actual judge in certain court cases, besides the duties as presiding officer over the court.

Seats on the Commissioners Court are considered partisan. Candidates file by party for primary elections. One candidate is the nominee for each party. They face one another in the General Election.

The Commissioners Court approves and funds the Elections Administrator's plan for conducting the election, including polling locations. Texas primary elections are held on the first Tuesday in March, with any runoff being held the fourth Tuesday in May.

Elections Administrator

The Elections Administrator is hired by an independent Elections Commission consisting of the County Judge, County Clerk, County Tax Assessor-Collector, Republican Party Chair, and Democratic Party Chair. The Elections Commission's only duties, by state law, are “the appointment, acceptance of resignation, or recommendation for termination of a county elections administrator or joint elections administrator.”

Sheriff and Constables

The Sheriff is elected county-wide every four years. Constables are elected within their precincts (see County Divisions above) for four-year terms on a staggered basis. Constables are an independent law-enforcement unit and are not part of the Sheriff's office. Their jurisdiction is over the precinct to which they are elected and they have different duties and requirements for their office.

The Sheriff's jurisdiction covers the entire county. The Sheriff's Office has more extensive requirements and duties than does the Constables Offices.

The two law enforcement entities have areas of significant cooperation. Both are funded by the Commissioners Court.

District Clerk vs. County Clerk

The District Clerk runs the District Clerk's Office. They are tasked with ensuring the smooth running of each of the district courts whose districts include Hays County. For the District Courts that straddle counties, each county's District Court's Office coordinates pieces of the court's schedule and functioning. The District Clerk's Office is responsible for providing records of the District Courts’ proceedings, implementing District Court decisions, and administratively supporting the respective courts and judges.

The County Clerk maintains the official public records of the county, attends all Commissioners Court session and ensures accurate minutes, and maintains the records of county courts (criminal, civil, probate and guardianship), marriage licenses, divorce records, property records and vital statistics.

Justices of the Peace (JP's)

Justices of the Peace serve a precinct of the county that does not strictly match the commissioners court. JP's preside over the justice court hearing misdemeanors, small civil disputes, landlord/tenant disputes and more. They may perform marriage ceremonies.

The JP also conducts inquests and is called out when a person in their jurisdiction dies in what is known as an "unattended death." Unattended deaths are those of someone not under the care of a paid caregiver, nursing home, or hospital. The JP and local law enforcement examine the circumstances of the death, determining the cause, and the JP signs the death certificate, listing the cause of death.

They serve a four-year term and elections are staggered.

Other Elective Offices in Hays County

District Judges/Criminal District Judges (5)
Family District Judges (1)
Criminal District Attorney
County Judges
County Courts at Law (3)
County Attorney
County Treasurer
County Tax Assessor-Collector
County Surveyor

Each of these office-holders serve four-year terms. Their races are considered partisan, meaning they start off as candidates running in a party primary. If they have an opponent from another party, they face off with that candidate in the General Election in the fall of even-numbered years. Most races are held at the mid-terms, even-numbered years in which there is no presidential election.

Party Resolutions

Typically each party will offer several resolutions for primary voters to agree or disagree with. Those items often become part of the party platform for the General Election. All candidates of that party are presumed to be running on their party platform.

Party Offices

During the Primary Election, party chairs are elected or re-elected for the Democratic or Republican Party. Those running for office in their primary will appear on the ballot. However, the League's Voters Guide or Vote411.org does not provide information on candidates for Party Chair. Often the party will provide a video debate between candidates for their party.