Legal Services

	“We have a candidate running for treasurer in our county who claims he’ll work to abolish the office if elected. If elected, would he still be entitled to a paycheck?”

If a candidate runs for office claiming they will abolish it, must they do so if elected?

If, during the person's campaign for election to the county or precinct office, the person publicly advocated the abolition of the office, the officer must file an affidavit with the county payroll officer stating that the officer elects not to be paid. The affidavit must be filed within five days after the date they take office. The affidavit must include a statement by the officer describing the method by which the officer intends to seek to obtain the abolition of their office and the date by which it is proposed to be accomplished. 

After the affidavit is filed, the county payroll officer must take measures to stop payment of a paycheck that was issued to the officer before the affidavit was filed and that has not been presented for payment. Local Government Code §152.052.