CHAPTER 67. CANVASSING ELECTIONS
ELECTION CODE
TITLE 6. CONDUCT OF ELECTIONS
CHAPTER 67. CANVASSING ELECTIONS
Sec. 67.001. APPLICABILITY OF CHAPTER. This chapter applies to
each general or special election conducted in this state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 67.002. CANVASS OF PRECINCT RETURNS. (a) Except as
otherwise provided by law, the precinct election returns for each
election shall be canvassed by the following authority:
(1) for an election ordered by the governor or by a county
authority, the commissioners court of each county in which the
election is held; and
(2) for an election ordered by an authority of a political
subdivision other than a county, the political subdivision's
governing body.
(b) The canvass of precinct returns shall be conducted in
accordance with this chapter except as otherwise provided by this
code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 67.003. TIME FOR LOCAL CANVASS. (a) Except as provided by
Subsection (b), each local canvassing authority shall convene to
conduct the local canvass at the time set by the canvassing
authority's presiding officer not earlier than the eighth day or
later than the 11th day after election day.
(b) For an election held on the uniform election date in May,
the local canvass must occur not later than the 11th day after
election day and not earlier than the later of:
(1) the third day after election day;
(2) the date on which the early voting ballot board has verified
and counted all provisional ballots, if a provisional ballot has
been cast in the election; or
(3) the date on which all timely received ballots cast from
addresses outside of the United States are counted, if a ballot
to be voted by mail in the election was provided to a person
outside of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 728, Sec. 22, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 1349, Sec. 31, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 1315, Sec. 42, eff. Jan. 1, 2004; Acts 2003,
78th Leg., ch. 1316, Sec. 17, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., 3rd C.S., ch. 1, Sec. 3, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch.
471, Sec. 7, eff. October 1, 2005.
Sec. 67.004. PROCEDURE FOR LOCAL CANVASS. (a) At the time set
for convening the canvassing authority for the local canvass, the
presiding officer of the canvassing authority shall deliver the
sealed precinct returns to the authority. The authority shall
open the returns for each precinct and canvass them as provided
by this section. Two members of the authority constitute a quorum
for purposes of canvassing an election.
(b) The canvassing authority shall prepare a tabulation stating
for each candidate and for and against each measure:
(1) the total number of votes received in each precinct; and
(2) the sum of the precinct totals tabulated under Subdivision
(1).
(b-1) The tabulation in Subsection (b) must also include for
each precinct the total number of voters who cast a ballot for a
candidate or for or against a measure in the election. The
secretary of state shall prescribe any procedures necessary to
implement this subsection.
(c) The canvassing authority may prepare the tabulation as a
separate document or may enter the tabulation directly in the
local election register maintained for the authority. The
authority shall attach or include as part of the tabulation the
report of early voting votes by precinct received under Section
87.1231.
(d) The canvassing authority may compare the precinct returns
with the corresponding tally list. If a discrepancy is discovered
between the vote totals shown on the returns and those shown on
the tally list for a precinct, the presiding judge of the
precinct shall examine the returns and tally list and make the
necessary corrections on the returns.
(e) On completion of the canvass, the presiding officer of the
canvassing authority shall deliver the tabulation to the
custodian of the local election register unless it is entered
directly in the election register. The custodian shall preserve
the tabulation for the period for preserving the precinct
election records.
(f) On completion of the canvass, the presiding officer of the
canvassing authority shall deliver the precinct returns, tally
lists, and early voting precinct report used in the canvass to
the general custodian of election records. The custodian shall
preserve them for the period for preserving the precinct election
records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 114, Sec. 10, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 203, Sec. 1.01, 2.51; Acts 1991, 72nd
Leg., ch. 554, Sec. 22, eff. Sept. 1, 1991; Acts 1993, 73rd Leg.,
ch. 728, Sec. 23, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch.
1349, Sec. 32, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 1.14, eff. September 1, 2005.
Sec. 67.005. DETERMINING OFFICIAL RESULT OF ELECTION NOT
CANVASSED AT STATE LEVEL. (a) Except as provided by Subsection
(b), the official result of an election that is not canvassed at
the state level is determined from the canvass of the precinct
returns conducted by the local canvassing authority.
(b) In an election in which there is more than one local
canvassing authority but no canvass at the state level, the
official result is determined in the manner prescribed by the law
providing for the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 67.006. LOCAL ELECTION REGISTER. (a) An election register
shall be maintained for each local canvassing authority.
(b) For each election, the election register must contain in
tabulated form the information required to appear in the
tabulation of precinct results prepared by the local canvassing
authority.
(c) The general custodian of election records for the elections
canvassed by a local canvassing authority is the custodian of the
authority's election register.
(d) On receipt of the local canvassing authority's tabulation of
votes, the custodian shall make the appropriate entries in the
election register.
(e) The election register shall be preserved as a permanent
record.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 67.007. COUNTY ELECTION RETURNS. (a) For each election
for a statewide or district office, a statewide measure, or
president and vice-president of the United States, the county
clerk of each county in the territory covered by the election
shall prepare county election returns.
(b) The county election returns shall state, for each candidate
and for and against each measure, the total number of votes
received in the county as stated by the local canvassing
authority's tabulation of votes.
(c) The county clerk shall sign the county returns to certify
their accuracy.
(d) Not later than 24 hours after completion of the local
canvass, the county clerk shall deliver to the secretary of
state, in the manner directed by the secretary, the county
returns in a sealed envelope. The envelope shall be labeled:
"Election Returns for __________ (name) County, for
__________(election)."
(e) The county clerk shall retain a copy of the county returns
for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 67.008. SEPARATE COUNTY RETURNS FOR GOVERNOR AND LIEUTENANT
GOVERNOR. (a) In addition to the returns required by Section
67.007, each county clerk shall prepare separate county election
returns of an election for the office of governor or lieutenant
governor that contain the same information as the returns for
those offices prepared under Section 67.007.
(b) The returns shall be delivered to the secretary of state as
provided by Section 67.007, except that the envelope shall be
labeled: "Returns of Election for Governor/Lieutenant Governor,
__________ (name) County, for __________(election)."
(c) The secretary of state shall retain the returns in their
sealed condition until the first day of the next regular
legislative session, when the secretary shall deliver the returns
to the speaker of the house of representatives.
(d) The county clerk shall retain a copy of the county returns
for the offices of governor and lieutenant governor for the
period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 67.009. FORMS AND INSTRUCTIONS FOR COUNTY RETURNS. (a)
Before each election for which county election returns are
required, the secretary of state shall deliver to each county
clerk in the territory covered by the election two copies of the
officially prescribed form for reporting county election returns.
The secretary shall also deliver two copies of the official form
for the separate returns for the offices of governor and
lieutenant governor, if applicable.
(b) With the delivery of the official county returns forms, the
secretary of state shall deliver:
(1) written instructions on the preparation and delivery of the
county election returns; and
(2) the officially prescribed envelopes for delivering the
returns to the secretary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 67.010. COUNTY RETURNS CANVASSED BY GOVERNOR. (a) The
county election returns for an election for a statewide office
other than governor or lieutenant governor, a statewide measure,
a district office, or president and vice-president of the United
States shall be canvassed by the governor.
(b) When this code refers to the presiding officer of the final
canvassing authority, the secretary of state is considered to be
the presiding officer when the final canvassing authority is the
governor.
(c) The canvass of county returns shall be conducted in
accordance with this chapter except as otherwise provided by this
code.
(d) The presiding officer may make a clerical correction to the
officially canvassed returns based on any authorized amended
county canvass filed with the presiding officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 54, Sec. 18(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 163, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1235, Sec. 7, eff. September 1, 2009.
Sec. 67.011. COUNTY RETURNS CANVASSED BY LEGISLATURE. (a) The
county election returns for an election for the office of
governor or lieutenant governor shall be canvassed by the
legislature and the official result declared by the speaker of
the house of representatives in accordance with Article IV,
Section 3, of the Texas Constitution.
(b) If a county's election returns are incomplete or missing,
the legislature may substitute the secretary of state's
tabulation for that county or may obtain the necessary
information from the county. On request of the legislature, the
secretary of state or the county shall promptly transmit the
information to the legislature by the most expeditious means
available.
(c) On completion of the canvass, the speaker of the house of
representatives shall deliver the county returns to the secretary
of state, who shall retain them for the period for preserving the
precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1993, 73rd Leg., ch. 728, Sec. 24, eff. Sept. 1, 1993.
Sec. 67.012. TIME FOR CANVASS BY GOVERNOR. (a) The governor
shall conduct the state canvass not earlier than the 15th or
later than the 30th day after election day at the time set by the
secretary of state.
(b) The secretary of state shall post, on the bulletin board
used for posting notice of meetings of state governmental bodies,
a notice of the date, hour, and place of the canvass at least 72
hours before the canvass is conducted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 54, Sec. 6(a), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 163, Sec. 1, eff. Sept. 1, 1989; Acts
1993, 73rd Leg., ch. 728, Sec. 25, eff. Sept. 1, 1993.
Sec. 67.013. PROCEDURE FOR CANVASS BY GOVERNOR. (a) At the
time set for the state canvass, the secretary of state shall
deliver the county returns to the governor.
(b) The secretary of state shall prepare a tabulation stating
for each candidate and for and against each measure required to
be canvassed by the governor:
(1) the total number of votes received in each county; and
(2) the sum of the county totals tabulated under Subdivision
(1).
(c) At the canvass of an election in which the office of
governor or lieutenant governor is voted on, the secretary of
state shall prepare a separate tabulation on the candidates for
governor and lieutenant governor, indicating for each candidate
the information required by Subsection (b).
(d) The governor shall certify the tabulations.
(e) The secretary of state shall retain the county election
returns used in the canvass and the tabulations for the period
for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 1, eff. Sept. 1, 1989.
Sec. 67.014. DETERMINING OFFICIAL RESULT OF ELECTION CANVASSED
AT STATE LEVEL. The official result of an election canvassed by
the governor or by the legislature is determined from the canvass
of the county returns conducted by that authority.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 1, eff. Sept. 1, 1989.
Sec. 67.015. STATE ELECTION REGISTER. (a) An election register
shall be maintained for the governor.
(b) Except as provided by Subsection (e), for each election the
election register shall contain in tabulated form the information
required to appear in the tabulations of the county results
prepared by the secretary of state.
(c) The secretary of state is the custodian of the election
register for the governor.
(d) After each canvass conducted by the governor, the secretary
of state shall make the appropriate entries in the election
register.
(e) If a discrepancy exists between the legislature's canvass of
the election for governor or lieutenant governor and the register
entries pertaining to either of those offices that are made from
the secretary of state's tabulation, the secretary shall make the
entries in the register necessary to make it correspond to the
legislature's canvass.
(f) The election register shall be preserved as a permanent
record of the state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 1, eff. Sept. 1, 1989.
Sec. 67.016. CERTIFICATE OF ELECTION. (a) After the completion
of a canvass, the presiding officer of the local canvassing
authority shall prepare a certificate of election for each
candidate who is elected to an office for which the official
result is determined by that authority's canvass.
(b) The governor shall prepare a certificate of election for
each candidate who is elected to an office for which the official
result is determined by the canvass conducted by the governor.
(c) A certificate of election must contain:
(1) the candidate's name;
(2) the office to which the candidate is elected;
(3) a statement of election to an unexpired term, if applicable;
(4) the date of the election;
(5) the signature of the officer preparing the certificate; and
(6) any seal used by the officer preparing the certificate to
authenticate documents that the officer executes or certifies.
(d) After the canvass of a presidential election, the secretary
of state shall prepare a certificate of election for each
presidential elector candidate who is elected.
(e) The authority preparing a certificate of election shall
promptly deliver it to the person for whom it is prepared,
subject to Section 212.0331.
(f) A certificate of election may not be issued to a person who
has been declared ineligible to be elected to the office.
(g) This section does not apply to the offices of governor and
lieutenant governor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1989, 71st Leg., ch. 163, Sec. 2, eff. Sept. 1, 1989;
Acts 2001, 77th Leg., ch. 1144, Sec. 1, eff. Sept. 1, 2001.
Sec. 67.017. REPORTING PRECINCT RESULTS TO SECRETARY OF STATE.
(a) After each election for a statewide office or the office of
United States representative, state senator, or state
representative, the county clerk shall prepare a report of the
number of votes, including early voting votes, received in each
county election precinct for each candidate for each of those
offices. In a presidential election year, the report must
include the number of votes received in each precinct for each
set of candidates for president and vice-president of the United
States. For any other election, the presiding officer of the
canvassing authority shall prepare a report of the precinct
results as contained in the election register.
(b) The county clerk or presiding officer shall deliver the
report to the secretary of state not later than the 30th day
after election day in an electronic format prescribed by the
secretary of state.
(c) The report may be:
(1) an electronic copy of the precinct returns;
(2) an electronic copy of the tabulation prepared by the local
canvassing authority; or
(3) in any other electronic form approved by the secretary of
state.
(d) The secretary of state shall preserve a report received
under this section for 10 years unless the secretary prepares a
written tabulation of the information contained in the report
received. In that case, the secretary shall preserve the original
report for two years and the tabulation for 10 years after
receipt of the original report.
(e) After the applicable preservation period prescribed by
Subsection (d) expires, the secretary of state shall transfer the
report or tabulation to the state library.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1987, 70th Leg., ch. 54, Sec. 2(c), eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 114, Sec. 11, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203, Sec. 2.52; Acts 1991, 72nd Leg., ch.
554, Sec. 23, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 1.15(a), eff. September 1, 2005.