ELECTION CODE
CHAPTER 213. CONDUCT OF
RECOUNT
SUBCHAPTER A. CONDUCT OF
RECOUNT
GENERALLY
Sec. 213.001. GENERAL SUPERVISION OF
RECOUNT
. (a) The presiding officer of each local canvassing authority having jurisdiction of election precincts included in a
recount
shall manage and supervise the
recount
for the precincts in that authority's jurisdiction.
(b) In a
recount
of an election canvassed jointly with another election, the presiding officer of the authority designated by law as the canvassing authority for the election, rather than the presiding officer of the joint canvassing authority, shall manage and supervise the
recount
.
(c) The custodian of voted ballots in the election, or the custodian's designee, is entitled to be present at each phase of the
recounting
process.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.002.
RECOUNT
COMMITTEE. (a) Before beginning a
recount
, each
recount
supervisor shall appoint a
recount
committee composed of as many members as the supervisor determines are necessary for a speedy
recount
. The committee must be composed of at least four members. The
recount
coordinator may appoint one member.
(b) The
recount
supervisor shall appoint a chair from the membership.
(c) The
recount
committee shall count the votes in a
recount
under the direct management and supervision of the chair. The
recount
supervisor or the supervisor's designee may exercise the chair's authority when present during the counting process.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 8, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 288, Sec. 3, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 864, Sec. 211, eff. Sept. 1, 1997.
Sec. 213.003. ELIGIBILITY FOR COMMITTEE MEMBERSHIP. (a) Except as provided by Subsections (b) and (c), to be eligible for appointment as a member of a
recount
committee, a person must be a qualified voter of the political subdivision served by the
recount
supervisor and must otherwise meet the eligibility requirements prescribed by this code for precinct election judges and clerks. A person who served as an election judge or as judge of the early voting ballot board in the election is ineligible to serve as a member of the
recount
committee. An officer of a political party is eligible to serve as a member of the committee.
(b) A tabulation supervisor, assistant tabulation supervisor, or manager of a central counting station appointed in a
recount
using automatic tabulating equipment to
recount
ballots originally counted at a central counting station is not subject to Subsection (a).
(c) A person who is appointed as a member of a
recount
committee by the secretary of state or a state party chair and who otherwise meets the eligibility requirements prescribed by this code for precinct election judges and clerks is eligible for appointment regardless of whether the person is a qualified voter of the political subdivision served by the
recount
supervisor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 9, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 288, Sec. 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 203, Sec. 2.68; Acts 1991, 72nd Leg., ch. 554, Sec. 39, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, Sec. 212, eff. Sept. 1, 1997.
Sec. 213.004. COMPENSATION OF COMMITTEE MEMBERS. (a) Except as provided by Subsection (b), a member of a
recount
committee is entitled to compensation for time spent in making a
recount
at an hourly rate set by the
recount
supervisor, not to exceed the maximum hourly rate for election judges.
(b) A tabulator assisting in a
recount
using automatic tabulating equipment to
recount
ballots originally counted at a central counting station is entitled to compensation in an amount set by the
recount
supervisor, not to exceed the rate of compensation for the tabulation supervisor of the central counting station.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.005. COUNTING TEAMS. (a) A
recount
committee in a
recount
other than a
recount
on automatic tabulating equipment shall function as one or more counting teams composed of three members each. The
recount
coordinator may appoint one member of each team.
(b) Subject to the authority of the
recount
supervisor or the supervisor's designee, the
recount
committee chair shall designate the members to serve on each team and the duties to be performed by each member.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg. 2nd C.S., ch. 59, Sec. 10, eff. Oct. 20, 1987; Acts 1993, 73rd Leg., ch. 728, Sec. 74, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 864, Sec. 213, eff. Sept. 1, 1997.
Sec. 213.006. DETERMINATION OF COUNTING QUESTIONS. (a) The
recount
committee chair has the same authority as a presiding election judge to determine whether a particular ballot may be lawfully counted and how a voter's marking of a ballot should be interpreted.
(b) After consulting the
recount
coordinator's appointee, the
recount
committee chair shall prepare a written statement of the specific reasons for not counting a particular ballot. Any uncounted ballots shall be kept separately in the appropriate container.
(c) Early voting ballots rejected by the early voting ballot board may not be counted in the
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. 11, eff. Oct. 20, 1987; Acts 1991, 72nd Leg., ch. 203, Sec. 2.69; Acts 1991, 72nd Leg., ch. 554, Sec. 40, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 864, Sec. 214, eff. Sept. 1, 1997.
Sec. 213.007. ACCESS TO BALLOTS, EQUIPMENT, AND OTHER MATERIALS. (a) On presentation by a
recount
committee chair of a written order signed by the
recount
supervisor, the custodian of voted ballots, voting machines or test materials or programs used in counting electronic voting system ballots shall make the ballots, machines, or materials or programs, including the records from which the operation of the voting system may be audited, available to the committee.
(b) The custodian of keys to secured materials or equipment shall make the keys available to the committee in the same manner as provided by Subsection (a).
(c) The
recount
committee chair shall have the materials and equipment restored to their secured condition and returned to the appropriate custodian.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 215, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1315, Sec. 54, eff. Jan. 1, 2004.
Sec. 213.008. ARRANGEMENTS FOR
RECOUNT
; SETTING TIME AND PLACE. The
recount
supervisor shall make the arrangements necessary for conducting the
recount
and shall set the time and place for beginning the
recount
.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.009. NOTICE OF
RECOUNT
. (a) The
recount
supervisor shall give personal notice of an initial
recount
to the petitioner, personal notice of a supplementary
recount
to both the petitioner and applicant, and personal notice of an expedited
recount
to the petitioner and to any applicant.
(b) Notice required by Subsection (a) shall also be given to each person entitled to notice under Section 212.032.
(c) The notice must include the time and place at which the
recount
is scheduled to begin and the number of counting teams designated for the
recount
, if applicable.
(d) Except as provided by Section 213.010, the notice shall be given at least 18 hours before the
recount
begins.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.010. EARLY
RECOUNT
. A
recount
may begin earlier than 18 hours after notice is given under Section 213.009 if each person entitled to the notice agrees to begin at a specified earlier time.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.011. VOTES COUNTED BY PRECINCT. The
recount
committee shall count the votes separately by precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.0111.
RECOUNT
OF DISPUTED BALLOTS. (a) On receipt of an affidavit executed by any
recount
committee member alleging that legal votes were not counted or illegal votes were counted during the initial
recount
, the
recount
coordinator may order a new
recount
of the disputed ballots. For a county or precinct office in a primary election, the county chair may order the new
recount
only on the approval of the state chair.
(b) The affidavit must be received by the
recount
coordinator within 48 hours after the determination of the results of the initial
recount
.
(c) Notice of the new
recount
shall be given in the manner prescribed by Section 213.009 for an initial
recount
.
(d) The new
recount
must begin not later than the seventh day after the date the notice is given.
(e) The
recount
coordinator shall appoint a
recount
committee to conduct the new
recount
.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 12, eff. Oct. 20, 1987. Amended by Acts 1993, 73rd Leg., ch. 759, Sec. 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 864, Sec. 216, eff. Sept. 1, 1997.
Sec. 213.012. COMMITTEE REPORT OF
RECOUNT
. (a) After the
recount
is completed, the
recount
committee chair shall prepare a report of the committee's vote count and sign the report. Votes shall be reported separately by precinct.
(b) The chair shall deliver one copy of the report to the
recount
supervisor and one copy to the general custodian of election records.
(c) The copies of the report shall be preserved for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 217, eff. Sept. 1, 1997.
Sec. 213.013. REPRESENTATION OF PARTIES AND POLITICAL PARTIES AT
RECOUNT
. (a) Each person entitled to notice of the
recount
under Section 213.009 is entitled to be present at a
recount
.
(b) In a
recount
of an election on an office, each candidate for the office is entitled to be present at the
recount
and have watchers present in the number corresponding to the number of counting teams designated for the
recount
. If only one counting team is designated or the
recount
is conducted on automatic tabulating equipment, each candidate is entitled to two watchers.
(c) In a
recount
of an election on an office for which a political party has a nominee or for which a candidate is aligned with a political party, the party is entitled to have watchers present in the same number prescribed for candidates under Subsection (b).
(d) In a
recount
of an election on a measure, watchers may be appointed by the campaign treasurer or assistant campaign treasurer of a specific-purpose political committee that supports or opposes the measure in the number corresponding to the number of counting teams designated for the
recount
. If only one counting team is designated or the
recount
is conducted on automatic tabulating equipment, each eligible specific-purpose political committee is entitled to two watchers.
(e) A watcher appointed to serve at a
recount
must deliver a certificate of appointment to the
recount
committee chair at the time the watcher reports for service. A watcher who presents himself or herself for service at any time immediately before or during the
recount
and submits a proper certificate of appointment must be accepted for service unless the number of appointees to which the appointing authority is entitled have already been accepted.
(f) The certificate must be in writing and must include:
(1) the printed name and the signature of the watcher;
(2) the election subject to the
recount
;
(3) the time and place of the
recount
;
(4) the measure, candidate, or political party being represented;
(5) the signature and the printed name of the person making the appointment; and
(6) an indication of the capacity in which the appointing authority is acting.
(g) If the watcher is accepted for service, the
recount
committee chair shall keep the certificate and deliver it to the
recount
coordinator after the
recount
for preservation under Section 211.007. If the watcher is not accepted for service, the
recount
committee chair shall return the certificate to the watcher with a signed statement of the reason for the rejection.
(h) Each person entitled to be present at a
recount
is entitled to observe any activity conducted in connection with the
recount
. The person is entitled to sit or stand conveniently near the officers conducting the observed activity and near enough to an officer who is announcing the votes or examining or processing the ballots to verify that the ballots are counted or processed correctly or to an officer who is tallying the votes to verify that they are tallied correctly. Rules concerning a watcher's rights, duties, and privileges are otherwise the same as those prescribed by this code for poll watchers to the extent they can be made applicable.
(i) No device capable of recording images or sound is allowed inside the room in which the
recount
is conducted, or in any hallway or corridor in the building in which the
recount
is conducted within 30 feet of the entrance to the room, while the
recount
is in progress unless the person entitled to be present at the
recount
agrees to disable or deactivate the device. However, on request of a person entitled to appoint watchers to serve at the
recount
, the
recount
committee chair shall permit the person to photocopy under the chair's supervision any ballot, including any supporting materials, challenged by the person or person's watcher. The person must pay a reasonable charge for making the copies and, if no photocopying equipment is available, may supply that equipment at the person's expense. The person shall provide a copy on request to another person entitled to appoint watchers to serve at the
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. 13, eff. Oct. 20, 1987; Acts 1993, 73rd Leg., ch. 728, Sec. 75, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 864, Sec. 218, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 21, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 37, eff. September 1, 2011.
Sec. 213.014. CANVASS BY COMMITTEE FOLLOWING
RECOUNT
. If a canvassing authority that normally makes the canvass following a
recount
consists of more than five members, the presiding officer of the authority may require the canvass to be made by a committee composed of the presiding officer and four other members of the canvassing authority designated by the presiding officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.015. BYSTANDERS EXCLUDED. (a) Only persons that are specifically permitted by law to attend a
recount
may be inside the room in which the
recount
is conducted, or in any hallway or corridor in the building in which the
recount
is conducted within 30 feet of the entrance to the room, while the
recount
is in progress.
(b) A
recount
committee chair has the same authority as that of a presiding judge at a polling place to preserve order during the
recount
.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 14, eff. Oct. 20, 1987. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 219, eff. Sept. 1, 1997.
Sec. 213.016. PRINTING IMAGES OF BALLOTS CAST USING DIRECT RECORDING ELECTRONIC VOTING MACHINES. During any printing of images of ballots cast using direct recording electronic voting machines for the purpose of a
recount
, the full
recount
committee is not required to be present. The
recount
committee chair shall determine how many committee members must be present during the printing of the images. Each candidate is entitled to be present and to have representatives present during the printing of the images in the same number as Section 213.013(b) prescribes for watchers for a
recount
.
Added by Acts 2003, 78th Leg., ch. 583, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 22, eff. September 1, 2009.
SUBCHAPTER B. ELECTIONS WITHOUT STATE LEVEL CANVASS
Sec. 213.031. APPLICABILITY OF SUBCHAPTER. This subchapter applies to
recounts
in elections for which there is no canvass at the state level.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.032. NOTICE OF PARTIAL INITIAL
RECOUNT
. After receiving the
recount
committee's report of a partial initial
recount
, the
recount
supervisor shall promptly give notice of the result of the
recount
to each person entitled to notice of the
recount
under Section 213.009.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.033. CANVASS FOLLOWING
RECOUNT
. (a) As soon as practicable after completion of a
recount
that changes the number of votes received for a particular candidate or for or against a measure, the canvassing authority shall conduct a canvass for the office or measure involved using the
recount
committee's report in the
recount
supervisor's possession, instead of the original precinct election returns, for each precinct in which a
recount
was conducted. An original canvass for the office or measure is void, and the new canvass is the official canvass for the election on that office or measure. If no change occurs in the
recount
in the number of votes received for a candidate or for or against a measure, the official result of the election is determined from the original canvass.
(b) In a
recount
of an election in which there is more than one local canvassing authority, the result of the canvass conducted under this section shall be reported to the other canvassing authorities in the same manner as the result of an original canvass.
(c) The appropriate authority shall take any further action that may be necessary in the same manner as for an original canvass.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 15, eff. Oct. 20, 1987; Acts 1993, 73rd Leg., ch. 759, Sec. 2, eff. Sept. 1, 1993.
SUBCHAPTER C. ELECTIONS WITH STATE LEVEL CANVASS
Sec. 213.051. APPLICABILITY OF SUBCHAPTER. This subchapter applies to
recounts
in elections for which there is a final canvass at the state level.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.052. AGENT FOR RECEIVING NOTICE OF
RECOUNT
. (a) If a
recount
includes election precincts in the jurisdiction of more than one local canvassing authority, a person entitled to notice under Section 212.032 may designate an agent for any one or more of the jurisdictions to receive the notice required by Section 213.009(b).
(b) The
recount
coordinator shall ascertain whether a person notified under Section 212.032 desires to appoint agents under Subsection (a) and, if so, each agent's name, address, and telephone number.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.053. NOTICE OF
RECOUNT
TO SUPERVISOR. The
recount
coordinator shall give each
recount
supervisor involved in a
recount
notice of:
(1) the precincts in the supervisor's jurisdiction included in the
recount
and any other pertinent information concerning the
recount
; and
(2) the name, address, and telephone number of each person to be notified of the
recount
under Section 213.009.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.054. NOTICE OF
RECOUNT
RESULT TO COORDINATOR. After receiving the
recount
committee's report, the
recount
supervisor shall promptly notify the
recount
coordinator of the result of the
recount
.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.055. SUPERVISOR'S REPORT. (a) As soon as practicable after receiving the
recount
committee's report, the
recount
supervisor shall prepare and sign a report of the vote count by precinct in the supervisor's jurisdiction, using the
recount
committee's report for the precincts
recounted
and the original precinct election returns for the precincts not
recounted
.
(b) The report prepared under this section is the official statement of the vote count in the local canvassing authority's jurisdiction.
(c) On completion of the report required by this section, the
recount
supervisor shall deliver one copy to the
recount
coordinator and one copy to the general custodian of election records. The copies shall be preserved for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.056. DETERMINATION OF RESULT OF
RECOUNT
; NOTICE. (a) After receiving the notices of the results of a
recount
from all the
recount
supervisors, the
recount
coordinator shall promptly determine the result of the
recount
.
(b) The
recount
coordinator shall give notice of the result of the
recount
to:
(1) the petitioner and each person entitled to notice under Section 212.032, for an initial
recount
or an expedited
recount
; and
(2) the petitioner, the applicant, and any other person entitled to notice under Section 212.032, for a supplementary
recount
.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 213.057. CANVASS FOLLOWING
RECOUNT
. As soon as practicable after completion of a
recount
that changes the number of votes received for a particular candidate or for or against a measure, the final canvassing authority shall conduct a canvass for the office or measure involved using the
recount
supervisor's report, instead of the original county election returns, for each county in which a
recount
was conducted. An original final canvass for the office or measure is void, and the new final canvass is the official final canvass for the election on that office or measure. If no change occurs in the
recount
in the number of votes received for a candidate or for or against a measure, the official result of the election is determined from the original final canvass.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 16, eff. Oct. 20, 1987; Acts 1993, 73rd Leg., ch. 759, Sec. 3, eff. Sept. 1, 1993.
Sec. 213.058. CANVASS FOLLOWING EXPEDITED
RECOUNT
. (a) Unless a person entitled to notice under Section 213.056 makes an objection to the
recount
coordinator before the canvass resulting from a
recount
, the final canvassing authority may use results reported to the
recount
coordinator by telephone or telegraph under Section 213.054 as the basis for its canvass following an expedited
recount
if the orderly conduct of a runoff election would be disrupted by delaying the canvass until the
recount
supervisors' written reports are received.
(b) If an objection is made under Subsection (a), the
recount
coordinator shall ascertain the grounds for the objection and shall verify with the appropriate
recount
supervisor each result to which objection is made. If the verification changes the overall result as originally determined by the coordinator, the coordinator shall give notice of the change to the persons entitled to receive the original notice of the result and shall continue the verification process until no objection exists. The canvass may then be conducted on the basis of telephone or telegraph reports as verified.
(c) If a canvass is conducted on the basis of results reported by telephone or telegraph, on receiving a
recount
supervisor's written report, the
recount
coordinator shall compare the report with the result used in the canvass. If a discrepancy exists, the coordinator shall ascertain the correct vote count from the supervisor. The supervisor shall deliver a corrected written report to the coordinator if the original written report is incorrect.
(d) If a discrepancy that affects the outcome of the election is discovered in the comparison made under Subsection (c), the
recount
coordinator shall immediately call a meeting of the canvassing authority or notify the governor, as applicable, to conduct another canvass and shall take the necessary action for correction of the ballots for the runoff election. If discovered discrepancies do not affect the outcome, the coordinator shall correct the canvassing authority's vote tabulation to conform to the written reports.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 17, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 163, Sec. 6, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 759, Sec. 4, eff. Sept. 1, 1993.
Sec. 213.059. GENERAL ELECTION FOR GOVERNOR OR LIEUTENANT GOVERNOR. (a) A
recount
in a general election for the office of governor or lieutenant governor shall be conducted in the same manner as a
recount
of a general election for a state office in which the final canvass is made by the governor, except as provided by this section.
(b) The governor is considered to be the final canvassing authority for the election and the secretary of state's tabulation of the county election returns is considered to be the declaration of the official result.
(c) The
recount
supervisor shall deliver two copies of the report prepared under Section 213.055 to the secretary of state. The secretary shall use one copy for the tabulation of the votes after the
recount
is completed. The secretary shall deliver the other copy to the speaker of the house of representatives.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1989, 71st Leg., ch. 163, Sec. 7, eff. Sept. 1, 1989.