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County
Clerk
by
Monty Rainey, Junto Society
By
most state constitutions, the clerk and recorder is required to
be the recorder of deeds and the clerk to the board of county
commissioners. By tradition, the clerk and recorder is usually
the primary administrative officer of most counties. By law, the
clerk and recorder is responsible for carrying out certain state
functions. The clerk is the agent of the state Department of
Revenue and, among other duties, is charged with the
responsibility of administering state laws relating to motor
vehicles, certification of automobile titles, and motor vehicle
registration. The clerk is also responsible for administering all
primary, general, and special elections held in the county, and
for registration of voters, publication of notice of elections,
appointment of election judges, and printing and distribution of
ballots. The clerk and recorder also issues marriage licenses,
maintains records and books for the board of commissioners,
collects a multitude of license fees and charges required by the
state maintains property records, and furnishes deed abstracts
upon request.
Without
county clerks, many of government's underlying responsibilities
would go undone. In fact, in Texas, the position of County clerk
is the only county elected official provided for in the State’s
Constitution.
The
main duties of the county clerk are:
- Administering
all county and state elections, including early voting and
primaries, unless the commissioners court has transferred the
function to the tax assessor-collector or an office of county
election administrator;
- Serving
as clerk of the county court and the commissioners court and
keep records of the proceedings;
- Acting
as recorder of deeds and other instruments;
- Filing
and recording birth and death certificates;
- Recording
assumed names, wills and probate;
- Issuing
marriage licenses; and
- Accounting
for all funds paid to the office by way of fines and fees, and
the amount owed to county court jurors for service.
In
counties with a small population, unless there has been a special
election, the county clerk often also serves as the district
clerk, assuming all constitutional and statutory duties of the
district clerk, along with those of county clerk.
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