CHAPTER 68. TABULATION OF UNOFFICIAL RESULTS OF CERTAIN RACES BY SECRETARY OF STATE
ELECTION CODE
TITLE 6. CONDUCT OF ELECTIONS
CHAPTER 68. TABULATION OF UNOFFICIAL RESULTS OF CERTAIN RACES BY
SECRETARY OF STATE
SUBCHAPTER A. CONDUCT OF TABULATION
Sec. 68.001. DUTY TO TABULATE GENERALLY. (a) The secretary of
state shall tabulate the unofficial results as provided by this
subchapter in each primary election and general election for
state and county officers on each proposed amendment to the state
constitution and for each contested race for nomination or
election to:
(1) a federal office or statewide office of the state
government;
(2) the office of state senator;
(3) the office of state representative; and
(4) the office of member, State Board of Education.
(b) The secretary may tabulate the unofficial results for other
contested races, political party referenda, and any special
elections ordered by the governor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.002. ACCESS TO TABULATION SYSTEM. (a) During the
tabulation, the secretary of state shall provide a sufficient
number of display terminals for representatives of the news media
to monitor the tabulation. The secretary shall provide direct
lines between computers for use by the media, if practicable.
(b) The secretary shall charge reasonable fees, which shall
approximate actual costs, to defray the costs of providing the
news media access to the tabulation system.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.003. DISPLAY TERMINALS FOR CERTAIN STATE OFFICERS. (a)
For monitoring the tabulations, the secretary of state shall
provide display terminals without charge to the governor,
lieutenant governor, and speaker of the house of representatives
in their Capitol offices. The secretary shall also provide
printers at those locations if printers are made available at any
location.
(b) The officers who are provided terminals or printers under
this section may not provide access to data from those terminals
or printers to members of the working news media.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.004. PERIODIC REPORTS DURING TABULATION. (a)
Periodically during the tabulation, the secretary of state shall
publish reports covering the races being tabulated.
(b) The periodic reports may include:
(1) vote totals for all contested races being tabulated;
(2) vote totals by county for federal offices and statewide
offices of the state government;
(3) vote totals for federal offices and statewide offices of the
state government in each of the six most populous counties, the
total for the next 19 most populous counties, and the total for
the remaining 229 counties; and
(4) any other information the secretary of state determines to
be relevant.
(c) The secretary shall distribute the periodic reports on
publication to the participating news media.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.005. FINAL REPORTS OF TABULATION. (a) After completion
of the tabulation, the secretary of state shall publish a final
report covering the races being tabulated.
(b) The final report may include:
(1) the information described by Section 68.004(b);
(2) vote totals by county for all races being tabulated; and
(3) vote totals for federal offices and statewide offices of the
state government in a minimum of eight regions designated by the
secretary on the basis of the geographic scope of the electronic
media markets.
(c) The secretary shall distribute a copy of the final report on
publication to the participating news media, governor, lieutenant
governor, speaker of the house of representatives, and members of
the elections advisory committee. A copy of the report shall also
be furnished to other persons on payment of a reasonable fee
prescribed by the secretary to defray the costs of preparing and
furnishing the copy.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.006. REPORT OF RECEIPT OF COUNTY RESULTS. The secretary
of state shall publish a report indicating the times the first
and last reports of results from each county were received by the
secretary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.007. POSTING REPORTS FOR PUBLIC INSPECTION. (a) The
secretary of state shall post for public inspection, on
publication, one copy of each report published under Section
68.004.
(b) The secretary of state may post for public inspection any of
the reports prepared under this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.008. BACKUP SYSTEM. The secretary of state shall
provide a backup system for the tabulation of the results.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.009. OPERATIONS MANUAL. Not later than the 90th day
before the date of each election covered by this subchapter, the
secretary of state shall prepare an operations manual that
explains the procedures to be used by the secretary in tabulating
the results.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.010. DISPOSITION OF FUNDS. Funds collected under this
chapter may be appropriated only to the secretary of state for
the administration of this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.011. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY OF
STATE. The secretary of state shall prescribe any additional
procedures necessary to implement the tabulation of unofficial
results.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
SUBCHAPTER B. DUTIES OF LOCAL ELECTION OFFICIALS FOR CERTAIN
RACES
Sec. 68.031. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to each election covered by Subchapter A in addition to
and notwithstanding other provisions of this code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.032. DELIVERY OF RETURNS AND VOTED BALLOTS. (a) In
precincts using paper ballots, voting machines, or electronic
voting system ballot counters, the copy of the returns required
to be delivered to the county clerk shall be delivered not later
than two hours, or as soon thereafter as practicable, after the
closing of the polls or after the last person voted, whichever is
later.
(b) In a precinct using electronic voting system ballots to be
counted at a central counting station, the ballots shall be
delivered to the station not later than two hours, or as soon
thereafter as practicable, after the closing of the polls or
after the last person voted, whichever is later. The copy of the
returns required to be delivered to the county clerk shall be
delivered by the presiding judge of the counting station
immediately on completion of the returns.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.033. COUNTING OF EARLY VOTING BALLOTS. The early voting
ballot board shall count the early voting ballots periodically
throughout the day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.53; Acts 1991, 72nd
Leg., ch. 554, Sec. 24, eff. Sept. 1, 1991.
Sec. 68.034. TRANSMISSION OF RESULTS TO SECRETARY OF STATE. (a)
The county clerk shall transmit periodically, by telephone or
other electronic means, to the secretary of state the results for
the races being tabulated by the secretary. The results shall be
transmitted continuously until complete.
(b) The county clerk shall transmit the complete or partial
results of the early voting for the appropriate races at 7 p.m.
on election day. If only partial results are available, the
results shall be transmitted periodically until complete.
(c) Costs of transmission of the results may be paid by the
state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1991, 72nd Leg., ch. 203, Sec. 2.54; Acts 1991, 72nd
Leg., ch. 554, Sec. 25, eff. Sept. 1, 1991.
SUBCHAPTER C. ELECTIONS ADVISORY COMMITTEE
Sec. 68.051. MEMBERSHIP. (a) Not later than January 1 of each
even-numbered year, the lieutenant governor, speaker of the house
of representatives, and secretary of state shall each appoint six
persons to serve on an elections advisory committee in connection
with the tabulation and reporting of election results under this
chapter.
(b) Each member of the committee serves a two-year term
beginning on January 1 of even-numbered years.
(c) Appointments to the committee shall be made without regard
to race, creed, sex, religion, and national origin.
(d) Instead of making one of the required appointments, each
appointing officer or the officer's designee may serve on the
committee.
(e) Each appointing officer shall allocate at least four of the
officer's appointments among members of the various media
organizations covering elections in this state.
(f) The following persons or their designees shall also serve on
the committee:
(1) the president of the Texas Association of Broadcasters;
(2) the president of the Texas Press Association;
(3) the president of the Texas Daily Newspaper Association; and
(4) the chief state executive officers of the Associated Press
and United Press International.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 67, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1107, Sec. 1.16(a), eff. September 1, 2005.
Sec. 68.052. CHAIR AND MEETINGS. (a) The secretary of state
shall designate a chair and vice chair of the committee from
among the media organization membership.
(b) Meetings of the committee shall be held at the call of the
chair.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended
by Acts 1997, 75th Leg., ch. 864, Sec. 68, eff. Sept. 1, 1997.
Sec. 68.053. REVIEW OF OPERATIONS MANUAL. The committee shall
review the operations manual prepared under Section 68.009 and
make any recommendations it considers appropriate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.054. MEMBERS PRESENT DURING TABULATION. One or more
members chosen by the committee shall be present during the
tabulation of the results at each election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 68.055. EVALUATION AND RECOMMENDATIONS REGARDING
TABULATION. The committee shall submit a written report after
each election to the secretary of state, governor, lieutenant
governor, and speaker of the house of representatives evaluating
the tabulation process and making any recommendations it
considers appropriate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.