reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter C. Supplementary Recount Following Partial Recount in Paper Ballot Precincts › Section 212.055. Authority to Whom Application Submitted

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter C. Supplementary Recount Following Partial Recount in Paper Ballot Precincts › Section 212.056. Time for Submitting Application

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter C. Supplementary Recount Following Partial Recount in Paper Ballot Precincts › Section 212.057. Processing Application

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter D. Expedited Recount › Section 212.081. Applicability of Subchapter

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter D. Expedited Recount › Section 212.082. Recount Petition

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter D. Expedited Recount › Section 212.083. Deadline for Submitting Petition

Sec. 212.083.  DEADLINE FOR SUBMITTING PETITION.  The deadline for submitting a recount petition under this subchapter is 2 p.m. of the second 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.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 93, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 248 (S.B. 825), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter D. Expedited Recount › Section 212.084. Notice of Petition Submission

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter D. Expedited Recount › Section 212.085. Deadline for Amending Petition

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter D. Expedited Recount › Section 212.086. Application for Including Remaining Paper Ballot Precincts

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter D. Expedited Recount › Section 212.087. Processing Application

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter D. Expedited Recount › Section 212.088. Deadline on Saturday, Sunday, or Holiday

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter D. Expedited Recount › Section 212.089. Days and Hours for Performing Duties

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter E. Deposit for Costs of Recount › Section 212.111. Deposit Required

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter E. Deposit for Costs of Recount › Section 212.112. Amount of Deposit

Sec. 212.112.  AMOUNT OF DEPOSIT.  The amount of the recount deposit is:
(1)  $60 for each election day polling location or precinct, whichever results in a smaller amount, in which regular paper ballots were used; and
(2)  $100 for each election day polling location or precinct, whichever results in a smaller amount, 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 (H.B. 2309), Sec. 2.15, eff. January 1, 2006.
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 20, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 94, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter E. Deposit for Costs of Recount › Section 212.113. Return of Deposit

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter F. Scope of Recount › Section 212.131. Scope of Initial 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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter F. Scope of Recount › Section 212.132. Scope of Supplementary Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter F. Scope of Recount › Section 212.133. Scope of Expedited Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter F. Scope of Recount › Section 212.134. Early Voting Votes Treated as Precinct

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter F. Scope of Recount › Section 212.135. Votes to Be Recounted

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter F. Scope of Recount › Section 212.136. Exclusion of Certain Votes From Recount in Precincts Using Voting System

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter F. Scope of Recount › Section 212.137. Objection to Exclusion of Votes

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.001. General Supervision of Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.002. Recount Committee

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.003. Eligibility for Committee Membership

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.004. Compensation of Committee Members

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.005. Counting Teams

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.006. Determination of Counting Questions

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.007. Access to Ballots, Equipment, and Other Materials

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.008. Arrangements for Recount; Setting Time and Place

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.009. Notice of Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.010. Early Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.011. Votes Counted by Precinct

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.0111. Recount of Disputed Ballots

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.012. Committee Report of Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.014. Canvass by Committee Following Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.015. Bystanders Excluded

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter A. Conduct of Recount Generally › Section 213.016. Printing Images of Ballots Cast Using Direct Recording Electronic Voting Machines

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter B. Elections Without State Level Canvass › Section 213.031. Applicability of Subchapter

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter B. Elections Without State Level Canvass › Section 213.032. Notice of Partial Initial Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter B. Elections Without State Level Canvass › Section 213.033. Canvass Following Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter C. Elections With State Level Canvass › Section 213.051. Applicability of Subchapter

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter C. Elections With State Level Canvass › Section 213.052. Agent for Receiving Notice of Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter C. Elections With State Level Canvass › Section 213.053. Notice of Recount to Supervisor

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter C. Elections With State Level Canvass › Section 213.054. Notice of Recount Result to Coordinator

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter C. Elections With State Level Canvass › Section 213.055. Supervisor's Report

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter C. Elections With State Level Canvass › Section 213.056. Determination of Result of Recount; Notice

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter C. Elections With State Level Canvass › Section 213.057. Canvass Following Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter C. Elections With State Level Canvass › Section 213.058. Canvass Following Expedited Recount

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 213 - Conduct of Recount › Subchapter C. Elections With State Level Canvass › Section 213.059. General Election for Governor or Lieutenant Governor

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter A. Manually Counted Ballots › Section 214.001. Applicability of Subchapter

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter A. Manually Counted Ballots › Section 214.002. Counting Procedure

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter A. Manually Counted Ballots › Section 214.003. Disposition of Tally Lists

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter C. Ballots Counted by Automatic Tabulating Equipment › Section 214.041. Applicability of Subchapter

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.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter C. Ballots Counted by Automatic Tabulating Equipment › Section 214.042. Counting Method for Recount

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.