ELECTION CODE
CHAPTER 214. COUNTING PROCEDURES
SUBCHAPTER A. MANUALLY COUNTED BALLOTS
Sec. 214.001. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a
recount
of regular paper ballots and any other ballots not
recounted
under Subchapter B, C, or D.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 214.002. COUNTING PROCEDURE. (a) One member of a counting team shall read the ballots, and the other two members shall tally the votes as the ballots are read.
(b) The count shall be made, and the correctness of the tally lists shall be certified, in the same manner as an original count of regular paper ballots, except that only two tally lists are prepared.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 76, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.16, eff. January 1, 2006.
Sec. 214.003. DISPOSITION OF TALLY LISTS. (a) On completion of the count for a precinct, a member of the counting team shall place one tally list in the ballot box containing the voted ballots and shall deliver the other tally list to the
recount
committee chair.
(b) The
recount
committee chair shall use the tally list received from the counting team in preparing the committee report of the
recount
. The chair shall attach the tally list to the copy of the committee report that is to be delivered to the
recount
supervisor. The attached tally list is part of the report.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 220, eff. Sept. 1, 1997.
SUBCHAPTER C. BALLOTS COUNTED BY AUTOMATIC TABULATING EQUIPMENT
Sec. 214.041. APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies to a
recount
of electronic voting system ballots on automatic tabulating equipment.
(b) In this subchapter, "electronic
recount
" means a
recount
on automatic tabulating equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 214.042. COUNTING METHOD FOR
RECOUNT
. (a) A person requesting a
recount
of electronic voting system ballots has a choice of:
(1) an electronic
recount
using the same program as the original count;
(2) an electronic
recount
using a corrected program under Section 214.046(c), if obtainable; or
(3) a manual
recount
as provided by Subchapter A.
(b) The same counting method must be used in all precincts included in the
recount
document for which the same program was used in the original count.
(c) Unless a different counting method is requested, the ballots shall be counted electronically using the same program as the original count.
(d) Except as otherwise provided by this subchapter, a request for a specific counting method must be made in the
recount
document, specifying the precincts to which the request applies if it does not apply to all precincts in which electronic voting system ballots are to be
recounted
.
(e) After a
recount
document is approved, the person requesting the
recount
may change the counting method specified in the document by filing with the appropriate
recount
supervisor a written request for a different method before the supervisor gives notice of the time and place for beginning the
recount
. If the requested change is to a manual
recount
, the request must be accompanied by a cashier's check payable to the
recount
coordinator in the amount of the difference between the amount of the deposit for a manual
recount
and the amount for an electronic
recount
.
(f) If a
recount
supervisor who receives a request for a change to a manual
recount
under Subsection (e) is not also the
recount
coordinator, the supervisor shall notify the coordinator of the change and shall deliver the accompanying check to the coordinator.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 18, eff. Oct. 20, 1987.
Sec. 214.043. EQUIPMENT USED FOR
RECOUNT
. (a) The
recount
supervisor shall designate the automatic tabulating equipment to be used for an electronic
recount
in precincts in the supervisor's jurisdiction.
(b) A
recount
of ballots originally counted on automatic tabulating equipment at a polling place must be made on the same or a similar unit of equipment unless the person requesting the
recount
requests that other equipment be used.
(c) A
recount
of ballots originally counted at a central counting station must be made on the same equipment unless:
(1) the equipment is unavailable or is not in usable condition; or
(2) the person requesting the
recount
requests that other equipment be used.
(d) If the equipment used for the original count is available and in usable condition, the
recount
supervisor is not required to grant a request that the
recount
be made on different equipment unless the request is contained in the
recount
document or in a written request filed with the supervisor before the supervisor gives notice of the time and place for beginning the
recount
.
(e) Equipment other than that used for the original count must:
(1) be located at a site that complies with Section 127.001(c) unless all persons entitled to notice of the
recount
consent to a site that does not comply; and
(2) be approved by:
(A) the programmer for the election if the ballots were counted at a polling place and the unit to be used for the
recount
was not used in the election; or
(B) the programmer for the election or the tabulation supervisor of the central counting station at which the ballots were counted, if counted at a central counting station.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 214.044. CHARGE FOR USE OF EQUIPMENT. The person having control of the automatic tabulating equipment used in the original count shall make it available for a
recount
for a reasonable charge at a rate not to exceed the rate charged for its use in the election being
recounted
. If the equipment is owned or leased by the authority responsible for the expenses of the election, a charge may not be made for its use in the
recount
.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 214.045. COMPOSITION OF COMMITTEE. (a) The
recount
committee chair shall designate one member of the
recount
committee for an electronic
recount
to operate the automatic tabulating equipment. In this subchapter, "
recount
tabulator" means the member designated to operate the equipment.
(b) In a
recount
of ballots originally counted at a central counting station, the
recount
tabulator must be the tabulation supervisor of the station, an assistant to the supervisor, or a person approved by the supervisor.
(c) In a
recount
of ballots originally counted at a polling place, the
recount
tabulator must be a person who has served as an election officer at a polling place using the type of equipment on which the
recount
is made and must have had experience in operating the equipment.
(d) At least one member of the
recount
committee other than the
recount
tabulator must have had experience in operating the type of equipment on which the
recount
is made.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 223, eff. Sept. 1, 1997.
Sec. 214.046. TEST OF PROGRAM AND EQUIPMENT. (a) After the time set for beginning an electronic
recount
but before the
recount
is made, the
recount
tabulator shall conduct a test of the program and equipment in the same manner as the test that is conducted immediately before an original count of ballots for an election. Each person entitled to notice of the
recount
or the person's representative at the
recount
is entitled to examine the program and the test materials on request.
(b) If the test is unsuccessful, the
recount
tabulator shall notify the
recount
committee chair, who shall notify the
recount
supervisor, and the supervisor shall investigate the cause of the test's failure. The electronic
recount
may not proceed until a test is successful on the equipment used for the first test or on other equipment selected by the supervisor.
(c) If the
recount
supervisor determines that the program is defective, the supervisor shall inform the person requesting the
recount
or the person's agent. The person requesting the
recount
may notify the supervisor:
(1) to have the ballots
recounted
manually; or
(2) to attempt to correct the program so that an electronic
recount
may be conducted with the corrected program.
(d) A
recount
using a corrected program may not be made unless the tabulation supervisor of the central counting station or the presiding election judge of the polling place at which the ballots were counted, as applicable, and the person who prepared the program sign a written statement indicating that the original program is defective. If the statement cannot be obtained, the
recount
supervisor shall have the ballots
recounted
manually.
(e) If a
recount
using a corrected program is to be made, the original program shall be preserved without change and a complete new program shall be prepared. The original set of test materials shall also be preserved without change and a complete new set shall be prepared if the original set is unsuitable for testing the corrected program.
(f) The
recount
supervisor shall obtain from the person who prepares a new program a signed statement that the program was prepared by the person, with the date of preparation and the person's address shown on the statement. The new program, the preparer's statement, and the test materials used for verification shall be preserved in a sealed container in the same manner and for the same period as the original program.
(g) The costs of a
recount
under Subsection (c) may not be assessed against a person regardless of its outcome. If other precincts are included in the same
recount
document, the assessment of the costs in the other precincts shall be determined by the overall outcome in all precincts included in the document.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 224, eff. Sept. 1, 1997.
Sec. 214.047. TEST USING UNOFFICIAL TEST MATERIALS. (a) In addition to a test conducted under Section 214.046 using official test materials, a person requesting a
recount
of electronic voting system ballots but not requesting a manual
recount
is entitled to have each test repeated, using test materials furnished by the person, if the person offers the materials to the
recount
tabulator before or immediately after the official test is made.
(b) The outcome of a test using unofficial test materials has no legal effect on the conduct of the
recount
.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 214.048. REQUEST FOR MANUAL
RECOUNT
AFTER SUCCESSFUL TEST. (a) If a person requesting an electronic
recount
is dissatisfied with the program or the equipment to be used for the
recount
after a successful test conducted under Section 214.046, the person may change the method of counting to a manual
recount
as provided by this section.
(b) A person desiring a manual
recount
under this section must notify the
recount
supervisor immediately after the test is concluded that a manual
recount
is desired.
(c) After being notified under Subsection (b) that a manual
recount
is desired, the
recount
supervisor shall promptly deliver to the person requesting the
recount
a written statement of the costs incurred for use of the equipment in making the tests and for compensation of the
recount
committee for time spent in making the tests.
(d) To obtain a manual
recount
, the person requesting the
recount
must deliver to the
recount
supervisor within 24 hours after receiving the cost statement under Subsection (c):
(1) a cashier's check payable to the
recount
supervisor in the amount specified in the statement; and
(2) a cashier's check payable to the
recount
coordinator in the amount of the difference between the amount of the deposit for a manual
recount
and the amount for an electronic
recount
.
(e) On receiving checks complying with Subsection (d), the
recount
supervisor shall promptly arrange for a manual
recount
of the ballots.
(f) The
recount
supervisor shall place a check remitted under Subsection (d)(1) in the fund from which the costs covered by the check are payable. No part of the amount is refundable. If the
recount
costs are assessed against the person requesting the
recount
, the costs covered by the check may not be included in the assessment.
(g) If the
recount
supervisor is not the
recount
coordinator, the supervisor shall notify the coordinator of the change in the counting method and shall deliver to the coordinator the check remitted under Subsection (d)(2). The check is subject to disposition in the same manner as the check accompanying the
recount
document.
(h) If the person requesting the
recount
does not comply with Subsection (d), a
recount
of the precincts for which the manual
recount
is requested may not be made, and the person shall be assessed for the amount of the costs specified in the cost statement prepared under Subsection (c) regardless of the outcome of a
recount
in any other precincts.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 214.049. COUNTING PROCEDURE. (a) All members of the
recount
committee in an electronic
recount
shall be present during the testing of the program and equipment and during the counting of the ballots. The other members of the committee may assist the
recount
tabulator in the handling of the test materials and the ballots, but only the tabulator may operate the equipment.
(b) After the ballots are counted, a member of the
recount
committee shall prepare returns for each precinct in the same manner as original election returns are prepared, except that the returns shall be prepared as an original and one copy.
(c) If it is necessary to count any of the ballots manually, other than write-in votes, the
recount
committee shall count the ballots, and a member shall enter the result of the count on the returns.
(d) Except as otherwise provided by this subchapter, the ballots shall be processed in the manner prescribed by Sections 127.125 and 127.126. Before the tabulation of duplicate ballots, the
recount
committee chair shall compare the duplicate ballot with the original to verify that the original ballot was duplicated properly. If the original ballot was duplicated improperly, the
recount
committee chair shall have the original ballot duplicated properly and that duplicate ballot shall be counted. The improper duplicate ballot shall be retained and the
recount
committee chair shall make a notation on the improper duplicate ballot of the reason for which it was not counted.
(e) If electronic voting system ballots are to be
recounted
manually, the original ballot, rather than the duplicate of the original ballot, shall be counted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 19, eff. Oct. 20, 1987; Acts 1997, 75th Leg., ch. 864, Sec. 225, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 851, Sec. 8, eff. Sept. 1, 2001.
Sec. 214.050. COUNTING AND RECORDING WRITE-IN VOTES. (a) Write-in votes shall be counted in the manner prescribed by Section 214.002. One write-in tally list shall be placed in the ballot box with the voted ballots, and one tally list shall be retained by the
recount
committee. A member of the committee shall enter the write-in results on the
recount
returns.
(b) For a precinct in which a
recount
of write-in votes is excluded under Section 212.136, a member of the
recount
committee shall enter on the
recount
returns the write-in votes as recorded on the original returns.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Sec. 214.051. DISPOSITION OF
RECOUNT
RETURNS. (a) After the
recount
committee certifies the
recount
returns for a precinct, a member of the committee shall place the copy of the returns in the ballot box containing the voted ballots and shall deliver the original to the
recount
committee chair.
(b) The
recount
committee chair shall use the returns received from the
recount
committee in preparing the committee report of the
recount
. The chair shall attach the
recount
returns to the copy of the committee report that is to be delivered to the
recount
supervisor. The attached returns are part of the report.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 864, Sec. 226, eff. Sept. 1, 1997.
SUBCHAPTER D. OTHER VOTING SYSTEMS
Sec. 214.071. PROCEDURES PRESCRIBED BY SECRETARY OF STATE. The secretary of state shall prescribe the counting procedures for a
recount
of votes cast by means of a voting system to which Subchapter B or C does not apply.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.