CHAPTER 212. REQUESTING RECOUNT
ELECTION CODE
TITLE 13. RECOUNTS
CHAPTER 212. REQUESTING RECOUNT
SUBCHAPTER A. REQUESTING RECOUNT GENERALLY
Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A
recount document submitted under this title must:
(1) be in writing;
(2) identify the office or measure for which a recount is
desired;
(3) state the grounds for the recount;
(4) state the side of the measure that the person requesting the
recount represents, if applicable;
(5) identify the election precincts, grouped by county or other
appropriate territorial unit if the election involves more than
one local canvassing authority, for which a recount is desired
and must indicate the method of voting used in each precinct;
(6) be signed by:
(A) the person requesting the recount or, if there is more than
one, any one or more of them; or
(B) an agent of the person requesting the recount;
(7) state each requesting person's name, residence address, and,
if authorization to obtain the recount is based on eligibility to
vote in the election, voter registration number, and county of
registration if the election covers territory in more than one
county;
(8) designate an agent who is a resident of this state to
receive notice under this title on behalf of the person
requesting the recount if:
(A) the person requesting the recount is not a resident of this
state; or
(B) there is more than one person requesting the recount;
(9) state the mailing address and at least one telephone number,
if any, at which the person requesting the recount or an agent,
identified by name, may receive notice given under this title;
(10) state the mailing address and at least one telephone
number, if any, at which the opposing candidates for the office
or their agents, identified by name, may receive notice given
under this title; and
(11) be accompanied by a deposit as provided by Subchapter E.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 1, eff. Oct. 20,
1987; Acts 2003, 78th Leg., ch. 1316, Sec. 40, eff. Sept. 1,
2003.
Sec. 212.002. DESIGNATION OF AGENT TO RECEIVE NOTICE. (a) If a
recount involves votes canvassed by more than one local
canvassing authority, the document requesting the recount may
designate, for any one or more of the counties served by the
local canvassing authorities, a person residing in the county to
receive notice of the time and place of the recount on behalf of
the person requesting the recount.
(b) The designation is not effective unless the document states
the designee's name, address, and telephone number, if any.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.003. SUBMISSION OF RECOUNT DOCUMENT. (a) A recount
document or a document amending a recount document is considered
to be submitted at the time of its receipt by the recount
coordinator.
(b) On submission of a document, the recount coordinator shall
enter on the document the date and hour of submission and the
form and amount of the deposit accompanying the document.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.004. FURNISHING COPIES OF DOCUMENTS TO CERTAIN
INTERESTED PERSONS. The recount coordinator shall furnish
without charge a copy of a recount document or a document
amending a recount document to each person, other than the person
submitting the document, who is entitled to notice of its
approval.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.005. MULTIPLE RECOUNTS ON SAME OFFICE OR MEASURE. (a)
The approval of a petition for a recount does not preclude the
submission and approval of another petition on the same office or
measure. A petition with respect to a particular office or
measure may not be submitted after an initial recount or an
expedited recount on the office or measure is completed.
(b) If more than one recount petition, application for a
supplementary recount, or application for including remaining
paper ballot precincts is submitted, the recount coordinator
shall promptly inform each petitioner or applicant of the
submission by the other person.
(c) Except as provided by Subsection (d), if more than one
petition or application is approved, the recount requested by
each person shall be conducted at the same time.
(d) If different counting methods are chosen under Section
214.042(a) among multiple requests for a recount of electronic
voting system results, only one method may be used in the
recount. A manual recount shall be conducted in preference to an
electronic recount and an electronic recount using a corrected
program shall be conducted in preference to an electronic recount
using the same program as the original count.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1349, Sec. 65, eff. Sept. 1, 1997.
Sec. 212.006. WITHDRAWAL OF RECOUNT PETITION. (a) A recount
petitioner may withdraw the petition for the recount by
submitting a request to withdraw the petition to the recount
coordinator. On receipt of the request, the recount coordinator
shall immediately inform, by the most expeditious means possible,
all parties who are entitled to receive notice of the recount
under Section 212.032 that the request has been submitted and the
recount canceled.
(b) After a recount petition has been withdrawn, the petitioner
may not petition again for a recount of that election.
(c) The request for the withdrawal of a recount petition must be
sworn to by the person requesting the withdrawal. The request
must contain:
(1) the identity of the office or measure for which the recount
was requested;
(2) the reason for the withdrawal;
(3) a statement acknowledging that once the petition is
withdrawn, the petitioner may not petition again for a recount of
that election;
(4) a statement acknowledging that the results of the canvass
are official;
(5) a statement acknowledging that money properly expended
toward the holding of the recount before the request was
submitted will be subtracted from the amount of the deposit that
is refunded;
(6) the signature of:
(A) the person requesting the withdrawal; or
(B) an agent of the person requesting the withdrawal; and
(7) the printed name, address, and telephone number of the
person requesting the withdrawal.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 2, eff.
Oct. 20, 1987.
SUBCHAPTER B. INITIAL RECOUNT
Sec. 212.021. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to all elections except an election to which an expedited
recount under Subchapter D applies.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.022. OBTAINING INITIAL RECOUNT IN ELECTION ON OFFICE.
Except as provided by Section 212.0241, a candidate for
nomination or election to an office may obtain an initial recount
in an election in which the person was a candidate if:
(1) the difference in the number of votes received by the
candidate and any candidate for the office who is shown by the
election returns to be nominated, elected, or entitled to a place
on a runoff ballot or tied for nomination, election, or
entitlement to a place on a runoff ballot is less than 10 percent
of that candidate's number of votes;
(2) the candidate is shown by the election returns to be
entitled to a place on a runoff ballot or tied for nomination,
election, or entitlement to a place on a runoff ballot;
(3) the secretary of state certifies that counting errors
affecting the election occurred in one or more election precincts
in which paper ballots were used, as provided by Section 212.034;
or
(4) the total number of votes received by all candidates for the
office is less than 1,000 as shown by the election returns.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1, 1987;
Acts 1997, 75th Leg., ch. 864, Sec. 207, eff. Sept. 1, 1997.
Sec. 212.023. OBTAINING INITIAL RECOUNT IN ELECTION FOR
PRESIDENTIAL ELECTORS. (a) Except as provided by Section
212.0241, an initial recount in a presidential general election
may be obtained if one of the grounds prescribed by Section
212.022 is satisfied.
(b) The following persons may obtain an initial recount in a
presidential general election:
(1) a presidential candidate whose name appeared on the ballot
in this state or who had qualified as a write-in candidate in
this state;
(2) one or more presidential elector candidates corresponding to
a presidential candidate described by Subdivision (1), acting
jointly; or
(3) a presidential candidate described by Subdivision (1) and
one or more corresponding elector candidates, acting jointly.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1, 1987.
Sec. 212.0231. OBTAINING INITIAL RECOUNT IN PRESIDENTIAL PRIMARY
ELECTION. Except as provided by Section 212.0241, in a
presidential primary election, a candidate in the election, or
any 25 or more persons who were eligible to vote in the election
acting jointly on behalf of an uncommitted delegation, may obtain
an initial recount in the election if:
(1) the difference in the number of votes received by the
candidate or uncommitted status and any candidate or uncommitted
status shown by the election returns to be entitled to delegate
representation at the political party's national presidential
nominating convention is less than 10 percent of the number of
votes received by the latter candidate or the uncommitted status;
or
(2) the secretary of state certifies that counting errors
affecting the election occurred in one or more election precincts
in which paper ballots were used, as provided by Section 212.034.
Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 31, eff.
Sept. 1, 1987. Amended by Acts 1987, 70th Leg., ch. 484, Sec.
10(a), (b) eff. Sept. 1, 1987.
Sec. 212.024. OBTAINING INITIAL RECOUNT IN ELECTION ON MEASURE.
(a) Except as provided by Section 212.0241, an initial recount
in an election on a measure may be obtained if:
(1) the difference in the number of votes received for the
measure and against the measure is less than 10 percent of the
total number of votes received on the measure as shown by the
election returns;
(2) the secretary of state certifies that counting errors
affecting the election occurred in one or more election precincts
in which paper ballots were used, as provided by Section 212.034;
or
(3) the total number of votes received for and against the
measure is less than 1,000 as shown by the election returns.
(b) The following persons may obtain an initial recount in an
election on a measure:
(1) the campaign treasurer of a specific-purpose political
committee that was involved in the election; or
(2) any 25 or more persons, acting jointly, who were eligible to
vote in the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1, 1987.
Sec. 212.0241. NO GROUND REQUIRED FOR ELECTRONIC VOTING SYSTEM
RECOUNT. (a) A ground for obtaining an initial recount as
prescribed by this subchapter is not required to obtain an
initial recount of electronic voting system results, subject to
Subsection (b).
(b) A candidate for nomination or election to an office may
obtain an initial recount of electronic voting system results in
an election in which the person was a candidate only if the
candidate is shown by the election returns not to be nominated or
elected. However, a candidate shown to be nominated or elected
may obtain an initial recount if an opposing candidate's initial
recount petition is approved for a recount that is covered by
Section 212.131(c) and that does not include all of the voting
system precincts in the election.
(c) The secretary of state shall prescribe any procedures
necessary to accommodate the authorization to obtain a recount of
electronic voting system results without a specific ground.
(d) This section does not affect the scope of a recount as
governed by Subchapter F.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 66, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 851, Sec. 5, eff. Sept.
1, 2001.
Sec. 212.025. PETITION FOR INITIAL RECOUNT REQUIRED. An initial
recount may not be conducted unless a person authorized to obtain
the recount submits, as provided by this subchapter, a petition
for the recount that complies with the applicable requirements
prescribed by this title.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.026. AUTHORITY TO WHOM PETITION SUBMITTED. (a) In an
election for which there is only one canvassing authority, a
petition for an initial recount must be submitted to the
presiding officer of the canvassing authority.
(b) In an election for which there is only one canvassing
authority and which is canvassed jointly with another election, a
recount petition must be submitted to the presiding officer of
the authority designated by law as the canvassing authority for
the election rather than the presiding officer of the canvassing
authority designated by the joint election agreement.
(c) In an election for which a final canvass is made by a
canvassing authority at the state level, a recount petition must
be submitted to the presiding officer of the final canvassing
authority.
(d) In an election for which there is more than one local
canvassing authority and no final canvass at the state level, a
recount petition must be submitted to the presiding officer of
each local canvassing authority within whose jurisdiction a
recount is desired.
(e) In a general election for governor or lieutenant governor, a
recount petition must be submitted to the secretary of state.
(f) If the presiding officer of a local canvassing authority is
ineligible or unable to serve as recount coordinator, the timely
submission of a recount petition to that officer instead of the
person substituting as the recount coordinator does not make the
petition invalid. In that case, the presiding officer shall
promptly deliver the petition to the substitute coordinator.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.027. NOTICE OF PETITION SUBMISSION TO OTHER CANVASSING
AUTHORITIES. (a) On submission of a recount petition under
Section 212.026(b), the recount coordinator, if the coordinator
is not the same person as the presiding officer of the canvassing
authority designated by the joint election agreement, shall
notify that presiding officer of the submission.
(b) On submission of a recount petition under Section
212.026(d), the recount coordinator shall notify the presiding
officer of each of the other canvassing authorities of the
submission of the petition.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 208, eff. Sept. 1, 1997.
Sec. 212.028. TIME FOR SUBMITTING PETITION. (a) Except as
provided by Subsection (b), a petition for an initial recount
must be submitted by the later of:
(1) 5 p.m. of the fifth day after election day; or
(2) 5 p.m. of the second day after the date the canvassing
authority to whose presiding officer the petition must be
submitted completes its canvass of the original election returns.
(b) A petition for a winning candidate in response to an
opposing candidate's petition as described by Section 212.0241(b)
must be submitted not later than 48 hours after receipt of the
notice of approval under Section 212.032.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 2, Sec. 7.12, eff. Aug. 28, 1989;
Acts 2001, 77th Leg., ch. 851, Sec. 6, eff. Sept. 1, 2001.
Sec. 212.029. INITIAL REVIEW OF PETITION. (a) The recount
coordinator shall review the petition for compliance with the
applicable requirements not later than 48 hours after receipt of
the petition.
(b) If the recount petition does not comply with the applicable
requirements, the recount coordinator shall promptly notify the
petitioner of each defect in the petition and shall enter on the
petition a description of each defect and the date of the notice.
A deposit in an improper form or amount is a defect for purposes
of this subsection.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 3, eff. Oct. 20,
1987.
Sec. 212.030. AMENDMENT OF PETITION. (a) A petitioner may
amend a recount petition to correct a defect.
(b) An amendment must be submitted to the recount coordinator
not later than the deadline for submitting the petition or 5 p.m.
of the second day after the date notice of the defect under
Section 212.029 is received by the petitioner, whichever is
later.
(c) On submission of an amendment, the recount coordinator shall
enter on the amendment the date and hour it is submitted.
(d) If an amendment is timely, the recount coordinator shall
promptly review the petition as amended.
(e) For purposes of this section, a correction of an improper
deposit is considered an amendment of the petition.
(f) If the amendment does not correct each defect in the
petition of which the petitioner was notified, the recount
coordinator shall reject the amended petition. The recount
coordinator shall promptly notify the petitioner of each
remaining defect and shall enter on the amended petition a
description of each defect and the date of notice. A petition may
not be amended more than once under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 288, Sec. 1, eff. Sept. 1, 1989.
Sec. 212.031. FINAL ACTION ON PETITION. (a) If a recount
petition complies with the applicable requirements, the recount
coordinator shall approve the petition and note on the petition
its approved status and the date of the approval. The recount
coordinator shall immediately notify the recount supervisor of
the approval. The recount supervisor shall, with the written
approval of the recount coordinator, order the recount to be held
on a date occurring not later than the seventh day after the date
the petition is determined to comply with the applicable
requirements.
(b) If the petition does not comply with the applicable
requirements, the recount coordinator shall determine whether it
is correctable by amendment. If the petition is not correctable,
the coordinator shall reject the petition. If the petition is
correctable, the coordinator shall delay acting on the petition
until the deadline for amending it. If at that time the petition
is not corrected, the coordinator shall reject the petition.
(c) On rejecting a petition, the recount coordinator shall note
on the petition its rejected status and the reason for and date
of the rejection.
(d) After approving or rejecting a petition, the recount
coordinator shall promptly notify the petitioner of the action
taken.
(e) After approving or rejecting a petition submitted under
Section 212.026(b), the recount coordinator, if the coordinator
is not the same person as the presiding officer of the canvassing
authority designated by the joint election agreement, shall
promptly notify that presiding officer of the action taken.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 4, eff. Oct. 20,
1987; Acts 1989, 71st Leg., ch. 288, Sec. 2, eff. Sept. 1, 1989;
Acts 1997, 75th Leg., ch. 864, Sec. 209, eff. Sept. 1, 1997.
Sec. 212.032. NOTICE OF APPROVAL TO OTHERS INVOLVED IN ELECTION.
After approving a recount petition, the recount coordinator
shall promptly notify the following persons of the petition's
approval:
(1) if the recount involves an election for nomination or
election to an office, each opposing candidate;
(2) if the recount involves an election for presidential
electors, the presidential candidate who is shown by the election
returns to have received the most votes;
(3) if the recount involves a measure:
(A) the campaign treasurer of each specific-purpose political
committee involved in the election on the side opposite the side
that the petitioner represents; or
(B) a person eligible to vote in the election, selected by the
recount coordinator as an appropriate representative of the
interests of the opposite side, if no specific-purpose committee
was involved in the election; or
(4) if the recount involves a presidential primary election:
(A) each opposing candidate; and
(B) a registered voter selected by the recount coordinator as an
appropriate representative of the interests of the uncommitted
delegation, if an uncommitted delegation is entitled to delegate
representation.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 32, eff. Sept. 1,
1987.
Sec. 212.033. EFFECT OF PETITION SUBMISSION ON CANVASS. (a)
The submission of a recount petition before the canvassing
authority completes its canvass does not delay the canvass for
the office or measure involved in the recount.
(b) The canvassing authority shall make a notation on the
tabulation of any office or measure involved in a recount.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 5, eff. Oct. 20,
1987.
Sec. 212.0331. EFFECT OF PETITION SUBMISSION ON QUALIFYING FOR
OFFICE. (a) The submission of a recount petition delays the
issuance of a certificate of election and qualification for the
office involved in the recount pending completion of the recount.
(b) A candidate may not qualify for an office involved in a
recount before completion of the recount.
(c) This section does not affect a candidate who has received a
certificate of election and qualified for an office before the
submission of a recount petition involving the office.
(d) The secretary of state shall prescribe any procedures
necessary to implement this section.
Added by Acts 2001, 77th Leg., ch. 1144, Sec. 2, eff. Sept. 1,
2001.
Sec. 212.034. COUNTING ERRORS AS GROUND FOR RECOUNT IN PAPER
BALLOT PRECINCTS. (a) To obtain a recount on the ground of
counting errors in election precincts in which paper ballots were
used, a person must attach to the recount petition an affidavit
or affidavits from one or more presiding judges of the election
stating that certain votes cast for the office or measure, as
applicable, were either counted or not counted, as appropriate,
with a brief description of the circumstances involved. At the
same time the recount petition is submitted to the recount
coordinator, the petitioner must deliver a copy of the recount
petition and each affidavit to each opposing candidate or to the
campaign treasurer of each specific-purpose political committee
that was involved in the election on the measure, as appropriate,
and to the secretary of state. The copies must be delivered
personally or by registered or certified mail, return receipt
requested.
(b) The recount coordinator shall delay final action on a
recount petition submitted with an attached affidavit under
Subsection (a) pending receipt of the secretary of state's
certification.
(c) Any opposing candidate or any person listed in Section
212.023(b), 212.0231, or 212.024(b), as appropriate, is entitled
to submit to the secretary of state an affidavit contradicting
statements made in an affidavit submitted by the petitioner. A
contradicting affidavit must be received by the secretary of
state not later than the third day after the date the copy of the
recount petition and each affidavit is received by the secretary.
(d) A recount on the ground of counting errors may be obtained
if the secretary of state determines from uncontradicted
statements, based on undisputed facts, in an affidavit submitted
by the petitioner and from the election returns that certain
votes cast for the office or measure, as applicable, clearly were
erroneously counted or not counted, as appropriate, and that
without the errors the petitioner possibly would have received
the vote necessary to gain or tie for nomination, election, or
entitlement to a place on a runoff ballot or the petitioner's
side on a measure possibly would have received the most votes, as
applicable. The secretary may not make the determination if the
facts are disputed or raise unresolved legal questions as to
whether counting errors occurred.
(e) Not earlier than the fourth or later than the fifth day
after the date the copy of the recount petition and each
affidavit is received by the secretary of state, the secretary
shall deliver written certification of whether grounds exist for
obtaining a recount on the basis of counting errors to the
recount coordinator and shall deliver a copy of the certification
to the petitioner and to each opposing candidate or to the
campaign treasurer of each specific-purpose political committee
that was involved in the election on the measure, as appropriate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 33, eff. Sept. 1,
1987.
Sec. 212.035. APPLICATION FOR INCLUDING REMAINING PAPER BALLOT
PRECINCTS. (a) If a petition is approved for a partial recount
in election precincts in which paper ballots were used, any
opposing candidate or any person listed in Section 212.023(b),
212.0231, or 212.024(b), as appropriate, may have the remaining
election precincts in which paper ballots were used included in
the initial recount by submitting an application for including
the precincts to the recount coordinator.
(b) The application must be submitted not later than 2 p.m. of
the second day after the date the applicant receives notice of
the petition's approval.
(c) The application is subject to review, amendment, and action
by the recount coordinator in the same manner as a petition
submitted under this subchapter.
(d) After approving an application for including remaining
precincts, the recount coordinator shall promptly give notice of
the approval to the applicant, the petitioner, and any other
person entitled to notice under Section 212.032.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 34, eff. Sept. 1,
1987.
SUBCHAPTER C. SUPPLEMENTARY RECOUNT FOLLOWING PARTIAL RECOUNT IN
PAPER BALLOT PRECINCTS
Sec. 212.051. APPLICABILITY OF SUBCHAPTER. This subchapter does
not apply to an election to which an expedited recount under
Subchapter D applies.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.052. SUPPLEMENTARY RECOUNT AUTHORIZED. If a partial
recount is conducted in election precincts in which paper ballots
were used, a recount of votes cast in the remaining precincts in
which paper ballots were used may be obtained as provided by this
subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.053. OBTAINING SUPPLEMENTARY RECOUNT. (a) A person
who was not entitled to obtain an initial recount on the grounds
prescribed by Section 212.022(1) or (2), 212.0231(1), or
212.024(a)(1) may obtain a supplementary recount if the partial
recount included less than 50 percent of the total vote received
by all candidates in the race or for the measure, as applicable,
as shown by the original election returns, and as a result of the
partial recount those grounds are satisfied.
(b) A person who was not entitled to obtain an initial recount
on the grounds prescribed by Section 212.022(1) or (2),
212.0231(1), or 212.024(a)(1) may obtain a supplementary recount
if the partial recount included 50 percent or more but less than
75 percent of the total vote received by all candidates in the
race or for the measure, as applicable, as shown by the original
election returns, and as a result of the partial recount those
grounds are satisfied, except that the percentage factor is two
percent rather than 10 percent.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 35, eff. Sept. 1,
1987.
Sec. 212.054. APPLICATION FOR SUPPLEMENTARY RECOUNT REQUIRED. A
supplementary recount may not be conducted unless a person
authorized to obtain the recount submits, as provided by this
subchapter, an application for the recount that complies with the
applicable requirements prescribed by this title.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.055. AUTHORITY TO WHOM APPLICATION SUBMITTED. A
supplementary recount application must be submitted to the
recount coordinator.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.056. TIME FOR SUBMITTING APPLICATION. (a) Except as
provided by Subsection (b), a supplementary recount application
must be submitted not later than 5 p.m. of the second day after
the date the applicant receives notice of the initial recount
result under Section 213.032 or 213.056.
(b) An application for a supplementary recount on a measure must
be submitted not later than 5 p.m. of the second day after the
date notice of the initial recount result under Section 213.032
or 213.056 was given to the person selected to receive notice of
the petition's approval under Section 212.032 if the applicant
is:
(1) the campaign treasurer of a specific-purpose political
committee who did not receive the notice of the initial recount
result; or
(2) a group of persons, none of whom received the notice of the
initial recount result.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.057. PROCESSING APPLICATION. (a) An application for a
supplementary recount is subject to review, amendment, and action
by the recount coordinator in the same manner as prescribed by
Sections 212.029, 212.030, and 212.031 for a petition for an
initial recount.
(b) After approving an application, the recount coordinator
shall promptly give notice of the approval of the application to
the petitioner for the initial recount and to each person
entitled to notice of an approved petition under Section 212.032.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
SUBCHAPTER D. EXPEDITED RECOUNT
Sec. 212.081. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to a recount in an election on an office in which:
(1) a majority vote is required for nomination or election; and
(2) votes were cast for more than two candidates.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1349, Sec. 67, eff. Sept. 1, 1997.
Sec. 212.082. RECOUNT PETITION. Except as otherwise provided by
this subchapter, a recount under this subchapter is initiated by
a petition submitted and processed in accordance with Subchapter
B.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.083. DEADLINE FOR SUBMITTING PETITION. The deadline
for submitting a recount petition under this subchapter is the
later of:
(1) 2 p.m. of the third day after election day; or
(2) 2 p.m. of the first day after the date of the local canvass.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1349, Sec. 67, eff. Sept. 1, 1997.
Sec. 212.084. NOTICE OF PETITION SUBMISSION. If the recount
coordinator determines that a recount petition does not comply
with the applicable requirements but is correctable by amendment,
the coordinator shall promptly give notice of the submission to
each opposing candidate. The notice required by this section is
in addition to the notice of approval of a petition required by
Section 212.032.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.085. DEADLINE FOR AMENDING PETITION. The deadline for
amending a petition under this subchapter is:
(1) 10 a.m. of the day after the date notice of defect is
received, if received at or after 12 midnight and before 12 noon;
or
(2) 4 p.m. of the day after the date notice of defect is
received, if received at or after 12 noon and before 12 midnight.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 1349, Sec. 67, eff. Sept. 1, 1997.
Sec. 212.086. APPLICATION FOR INCLUDING REMAINING PAPER BALLOT
PRECINCTS. Except as otherwise provided by this subchapter, the
provisions of Subchapter B governing an application for including
remaining paper ballot precincts govern the application in an
expedited recount.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.087. PROCESSING APPLICATION. An application for
including remaining paper ballot precincts is subject to review,
amendment, and action by the recount coordinator in the same
manner as a petition submitted under this subchapter, except that
Section 212.084 does not apply.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.088. DEADLINE ON SATURDAY, SUNDAY, OR HOLIDAY. (a) If
the deadline for submitting an expedited recount petition falls
on a Saturday, Sunday, or legal state holiday, the deadline is
extended to 10 a.m. of the next regular business day.
(b) Except as provided by Subsection (a), a deadline prescribed
by this subchapter is not affected by its falling on a Saturday,
Sunday, or holiday.
(c) If the deadline for submitting an application for including
remaining paper ballot precincts or an amendment to a petition or
application falls on a Saturday, Sunday, or legal state holiday,
the recount coordinator shall be accessible or have an agent
accessible at the coordinator's office for at least one hour
immediately preceding the deadline unless the document subject to
the deadline has already been submitted. Failure of the
coordinator to comply with this subsection excuses performance
until 9 a.m. of the next day that is not a Saturday, Sunday, or
legal state holiday.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2003, 78th Leg., ch. 1316, Sec. 41, eff. Sept. 1, 2003.
Sec. 212.089. DAYS AND HOURS FOR PERFORMING DUTIES. The recount
coordinator, each recount supervisor, and each recount committee
involved in an expedited recount shall continue performing their
duties on days that are not regular working days and during hours
that are not regular working hours if necessary to complete the
recount in time to avoid interfering with the orderly conduct of
the scheduled runoff election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
SUBCHAPTER E. DEPOSIT FOR COSTS OF RECOUNT
Sec. 212.111. DEPOSIT REQUIRED. (a) A deposit to cover the
costs of a recount must accompany the submission of a recount
document.
(b) The deposit must be in the form of cash or a cashier's check
or money order made payable to the recount coordinator.
(c) Repealed by Acts 2003, 78th Leg., ch. 1316, Sec. 44.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2003, 78th Leg., ch. 1316, Sec. 42, 44, eff. Sept. 1,
2003.
Sec. 212.112. AMOUNT OF DEPOSIT. The amount of the recount
deposit is:
(1) $60 for each precinct in which regular paper ballots were
used; and
(2) $100 for each precinct in which an electronic voting system
was used.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 6, eff. Oct. 20,
1987; Acts 1991, 72nd Leg., ch. 203, Sec. 2.66; Acts 1991, 72nd
Leg., ch. 554, Sec. 37, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,
ch. 583, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 2.15, eff. January 1, 2006.
Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 20, eff. September 1, 2009.
Sec. 212.113. RETURN OF DEPOSIT. (a) On rejection of a recount
document, the recount coordinator shall return the recount
deposit to the person who submitted the document.
(b) On the timely withdrawal of a recount document, the recount
coordinator shall return to the person who submitted the document
the recount deposit less any necessary expenditures made toward
the conduct of the recount before the request for withdrawal was
received.
(c) The recount coordinator shall return to each person
requesting a recount whose chosen counting method is not used
under Section 212.005(d) the recount deposit less any necessary
expenditures made toward the conduct of the recount before the
other counting method was determined to be the preferential
method.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 7, eff. Oct. 20,
1987; Acts 1997, 75th Leg., ch. 1349, Sec. 68, eff. Sept. 1,
1997.
SUBCHAPTER F. SCOPE OF RECOUNT
Sec. 212.131. SCOPE OF INITIAL RECOUNT. (a) Except as provided
by Subsection (d), an initial recount in an election for which
there is no canvass at the state level must include each election
precinct in the election.
(b) In an election for which there is a final canvass at the
state level, an initial recount of votes cast on paper ballots
must include each election precinct in which paper ballots were
used in the election, except as provided by Subsection (d).
(c) In an election for which there is a final canvass at the
state level, an initial recount of votes cast in a particular
voting system may include any one or more counties covered by the
election, but must include all the election precincts in which a
particular voting system is used in each county recounted.
(d) An initial recount may include any one or more election
precincts in which counting errors occurred as certified by the
secretary of state under Section 212.034.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 2001, 77th Leg., ch. 851, Sec. 7, eff. Sept. 1, 2001.
Sec. 212.132. SCOPE OF SUPPLEMENTARY RECOUNT. A supplementary
recount must include each remaining election precinct in which
paper ballots were used in the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.133. SCOPE OF EXPEDITED RECOUNT. An expedited recount
is governed by Section 212.131.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.134. EARLY VOTING VOTES TREATED AS PRECINCT. (a)
Except as provided by Subsection (b), for the purpose of
specifying which election precincts are to be included in a
recount, all the early voting votes canvassed by a local
canvassing authority shall be treated as constituting one
election precinct.
(b) Each early voting polling place in which voting machines
were used shall be treated as constituting one election precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.67; Acts 1991, 72nd
Leg., ch. 554, Sec. 38, eff. Sept. 1, 1991.
Sec. 212.135. VOTES TO BE RECOUNTED. Except as provided by
Section 212.136, all votes cast in the election precincts
included in a recount on the office or measure specified by the
recount document are subject to the recount.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.136. EXCLUSION OF CERTAIN VOTES FROM RECOUNT IN
PRECINCTS USING VOTING SYSTEM. (a) Except as provided by
Subsection (c), write-in votes cast in connection with a voting
system shall be excluded from a recount of an election in which a
plurality vote is sufficient.
(b) Except as provided by Subsection (c), in a recount of an
election in which a majority vote is required, if the candidate
who first requests a recount in one or more precincts in which a
voting system was used specifies in the recount document that
only a recount of the write-in votes or only a recount of the
voting system votes is requested, the votes for which the recount
is not requested shall be excluded from the recount unless an
objection to the exclusion is made under Section 212.137. A
request for a recount of only write-in votes or only voting
system votes must apply to all precincts included in the recount
in which a voting system was used.
(c) Write-in votes may not be excluded from a recount in which a
write-in candidate is the petitioner or a person entitled to
notice of an approved petition under Section 212.032.
(d) The treatment given to the votes in the recount obtained
under the recount document in which a recount in a voting system
precinct is first requested must be given to the votes in all
voting system precincts for which a recount is obtained under a
subsequently submitted recount document pertaining to the same
election.
(e) In a precinct in which voting system votes are excluded from
a recount, the vote count entered on the original precinct
election returns for the excluded votes shall be treated as the
count for those votes for the purposes of the recount.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 212.137. OBJECTION TO EXCLUSION OF VOTES. (a) The notice
of approval of a recount document in which an exclusion of votes
is requested under Section 212.136 must include notice that the
exclusion has been requested.
(b) The votes subject to the requested exclusion may not be
excluded if a candidate entitled to notice under Subsection (a)
notifies the recount coordinator not later than 18 hours after
receiving the notice that the candidate objects to the exclusion.
(c) The sufficiency of the deposit accompanying a recount
document requesting an exclusion is not affected by a timely
objection to the exclusion, but the candidate is liable for the
full costs of the recount, including the costs attributable to
the recount of the votes requested to be excluded, if the costs
are assessed against the candidate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 210, eff. Sept. 1, 1997.