reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter B. Assembling Records for Distribution › Section 66.021. Assembling Election Records

Sec. 66.021.  ASSEMBLING ELECTION RECORDS.  (a)  On completing the election returns for the precinct, the presiding judge shall assemble the precinct election records and place them in the appropriate envelopes and ballot boxes for distribution.
(b)  The judge shall seal envelopes no. 1, no. 2, and no. 4 and lock ballot boxes no. 3 and no. 4 as soon as they are ready for distribution.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(b), eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1078, Sec. 15, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 37, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter B. Assembling Records for Distribution › Section 66.022. Contents of Envelope No

Sec. 66.022.  CONTENTS OF ENVELOPE NO. 1.  Envelope no. 1 must contain:
(1)  the original of the election returns for the precinct;  and
(2)  a tally list.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter B. Assembling Records for Distribution › Section 66.023. Contents of Envelope No

Sec. 66.023.  CONTENTS OF ENVELOPE NO. 2.  Envelope no. 2 must contain:
(1)  a copy of the precinct returns;
(2)  a tally list;
(3)  the original of the poll list;
(4)  the signature roster;
(5)  the precinct early voting list;
(6)  any affidavits completed at the polling place except affidavits required to be placed in envelope no. 4;  and
(7)  any certificates of appointment of watchers.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(b), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.50;  Acts 1991, 72nd Leg., ch. 554, Sec. 21, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter B. Assembling Records for Distribution › Section 66.024. Contents of Envelope No

Sec. 66.024.  CONTENTS OF ENVELOPE NO. 3.  Envelope no. 3 must contain:
(1)  a copy of the precinct returns;
(2)  a copy of the poll list;  and
(3)  a copy of the ballot register.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter B. Assembling Records for Distribution › Section 66.0241. Contents of Envelope No

Sec. 66.0241.  CONTENTS OF ENVELOPE NO. 4.  Envelope no. 4 must contain:
(1)  the precinct list of registered voters;
(2)  the registration correction list;
(3)  any statements of residence executed under Section 63.0011; and
(4)  any affidavits executed under Section 63.006 or 63.011.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 12(b), eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 916, Sec. 24, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 797, Sec. 40, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1315, Sec. 38, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 123 (S.B. 14), Sec. 19, eff. January 1, 2012.
Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 10, eff. January 1, 2012.
Reenacted by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 5.006, eff. September 1, 2013.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter B. Assembling Records for Distribution › Section 66.025. Contents of Ballot Box No

Sec. 66.025.  CONTENTS OF BALLOT BOX NO. 3.  (a)  Ballot box no. 3 must contain:
(1)  the voted ballots;
(2)  a copy of the precinct returns;
(3)  a tally list;  and
(4)  a copy of the poll list.
(b)  The copy of the poll list may be placed in a container other than ballot box no. 3 on approval by the secretary of state if the secretary determines that placement in the other container is more suitable for a particular election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 18, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 500, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter B. Assembling Records for Distribution › Section 66.026. Contents of Ballot Box No

Sec. 66.026.  CONTENTS OF BALLOT BOX NO. 4.  Ballot box no. 4 must contain:
(1)  the original of the ballot register;
(2)  the register of spoiled ballots;
(3)  any spoiled ballots;
(4)  any ballot to be voted by mail returned at the polling place;
(5)  any defectively printed ballots;
(6)  any envelope containing cancellation requests and canceled ballots; and
(7)  any other unused ballots.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 20, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1167 (S.B. 1599), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter C. Disposition of Records and Supplies › Section 66.051. Distribution of Election Records

Sec. 66.051.  DISTRIBUTION OF ELECTION RECORDS.  (a)  The presiding judge shall deliver envelope no. 1 in person to the presiding officer of the local canvassing authority.  If the presiding officer of the local canvassing authority is unavailable, the envelope shall be delivered to the general custodian of election records who shall then deliver it to the local canvassing authority before the time set for convening the local canvass.
(b)  The presiding judge shall deliver envelope no. 2, ballot box no. 3, and ballot box no. 4 and its key in person to the general custodian of election records.
(c)  The presiding judge shall retain envelope no. 3.
(d)  The presiding judge shall deliver envelope no. 4 in person to the voter registrar.  If the voter registrar is unavailable, the envelope shall be delivered to the general custodian of election records, who shall deliver it to the voter registrar on the next regular business day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(b), eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 21, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1078, Sec. 17, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 39, eff. Jan. 1, 2004.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter C. Disposition of Records and Supplies › Section 66.052. Delivery by Election Clerk

Sec. 66.052.  DELIVERY BY ELECTION CLERK.  A delivery of election records or supplies that is to be performed by the presiding judge may be performed by an election clerk designated by the presiding judge.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter C. Disposition of Records and Supplies › Section 66.053. Time for Delivering Election Records

Sec. 66.053.  TIME FOR DELIVERING ELECTION RECORDS.  (a)  The precinct election records shall be delivered to the appropriate authorities immediately after the precinct returns are completed.
(b)  If the presiding judge determines that the ballots will not be counted in time to allow delivery of the precinct election records by 2 a.m. of the day after election day, the presiding judge, between midnight of election day and 1 a.m. of the following day, shall notify the general custodian of election records by telephone of:
(1)  the total number of voters who voted at the polling place as indicated by the poll list;
(2)  the vote totals tallied for each candidate and for and against each measure at the time of notification;  and
(3)  the expected time of finishing the count.
(c)  The precinct election records shall be delivered not later than 24 hours after the polls close in each election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter C. Disposition of Records and Supplies › Section 66.054. Failure to Deliver Election Returns and Voted Ballots

Sec. 66.054.  FAILURE TO DELIVER ELECTION RETURNS AND VOTED BALLOTS.  (a)  An election officer responsible for delivering precinct election returns or voted ballots commits an offense if the officer:
(1)  fails to make the delivery to the appropriate authority;
(2)  fails to make the delivery by the deadline prescribed by Section 66.053(c);  or
(3)  fails to prevent another person from handling in an unauthorized manner the returns or voted ballots that the officer is responsible for delivering while they are in the officer's custody.
(b)  If the officer is an election clerk, it is an exception to the application of Subsection (a)(2) that the election clerk did not receive the returns from the presiding judge in time to permit a timely delivery.
(c)  An offense under this section is a Class B misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter C. Disposition of Records and Supplies › Section 66.055. Judicial Impoundment of Election Records

Sec. 66.055.  JUDICIAL IMPOUNDMENT OF ELECTION RECORDS.  (a)  If the precinct election records are not delivered by the deadline prescribed by Section 66.053(c), on application by a member of the canvassing authority, a district judge shall order the precinct election records to be impounded.
(b)  The district judge shall supervise the activities necessary to complete the count, prepare the precinct returns, and distribute the records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter C. Disposition of Records and Supplies › Section 66.056. Unofficial Tabulation of Precinct Results

Sec. 66.056.  UNOFFICIAL TABULATION OF PRECINCT RESULTS.  (a)  As the general custodian of election records receives the precinct election records from each polling place, the custodian shall:
(1)  open the envelopes and remove the precinct election returns;  and
(2)  prepare a tabulation stating for each candidate and for and against each measure:
(A)  the total number of votes received in each precinct;  and
(B)  the sum of the precinct totals tabulated under Paragraph (A).
(b)  The custodian shall periodically make a public announcement of the current state of the tabulation made under Subsection (a).
(c)  The tabulation made under Subsection (a) is unofficial and does not affect the outcome of the election.
(d)  The custodian shall preserve the unofficial tabulation 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 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter C. Disposition of Records and Supplies › Section 66.057. Regulating Public Inspection of Certain Election Records

Sec. 66.057.  REGULATING PUBLIC INSPECTION OF CERTAIN ELECTION RECORDS.  (a)  The election returns for a particular precinct that are delivered to the general custodian of election records do not become public information until the custodian completes the unofficial tabulation of the results for that precinct.
(b)  The general custodian of election records or the custodian's designee shall be present at all times when the records delivered in ballot box no. 4 are inspected.
(c)  The election records in envelope no. 3 become public information when delivery of the precinct election records is completed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 65, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter C. Disposition of Records and Supplies › Section 66.059. Retrieving Erroneously Placed Election Records

Sec. 66.059.  RETRIEVING ERRONEOUSLY PLACED ELECTION RECORDS.  (a)  On written application by the presiding officer of the local canvassing authority or the presiding judge of the election precinct, a district judge of the county in which a ballot box containing voted ballots is in custody may order the box opened to retrieve an election record that was erroneously placed in the box.
(b)  If the political subdivision holding the election is not a county or is a county that does not maintain an Internet website, the district judge shall post a notice of the date, hour, and place for opening the box on the bulletin board used for posting notices of the meetings of the governing body of the political subdivision served by the general custodian of election records.  The notice must remain posted continuously for the 24 hours immediately preceding the hour set for opening the box.
(b-1)  If the political subdivision holding the election is a county that maintains an Internet website, the district judge shall post a notice of the date, hour, and place for opening the box on the county's Internet website.  The notice must remain posted continuously for the 24 hours preceding the hour set for opening the box.
(c)  Any interested person may observe the opening of the box.
(d)  The district judge shall issue the orders necessary to safeguard the contents of a ballot box opened under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 19, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 41, eff. Jan. 1, 2004.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter C. Disposition of Records and Supplies › Section 66.060. Delivery and Preservation of Key to Ballot Box No

Sec. 66.060.  DELIVERY AND PRESERVATION OF KEY TO BALLOT BOX NO. 3.  (a)  The presiding judge shall deliver the key to ballot box no. 3 in person to the following authority:
(1)  the sheriff, for an election ordered by the governor or a county authority or for a primary election, except that in a year in which the office of sheriff is regularly on the ballot the presiding judge shall deliver the key to the county judge, and if both those offices are on the same ballot because of the filling of an unexpired term the key shall be delivered to the county auditor or to a designated member of the commissioners court who is not on the ballot and who is appointed by the court if the county does not have a county auditor;
(2)  the chief of police or city marshal, for an election ordered by a city authority;  or
(3)  the constable of the justice precinct in which the office of the political subdivision's governing body is located, or if the office of constable is vacant, the sheriff of the county in which the governing body's office is located, for an election ordered by an authority of a political subdivision other than a county or city.
(b)  The ballot box key shall be delivered at the same time as the precinct election records.
(c)  The custodian of the key to ballot box no. 3 shall keep the key for the period for preserving the precinct election records except for the time the key is temporarily out of the custodian's custody in accordance with this code.
(d)  A person commits an offense if the person is the custodian of the key to a ballot box containing voted ballots and, during the period for keeping the key, the person knowingly relinquishes custody of the key except as permitted by law.  An offense under this subsection is a Class B misdemeanor.
(e)  After the period for keeping a key to ballot box no. 3 expires, the key's custodian shall return the key to the custodian of the ballot box.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 430, Sec. 1, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 864, Sec. 66, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter C. Disposition of Records and Supplies › Section 66.061. Custody of List of Registered Voters to Be Reused in Subsequent Election

Sec. 66.061.  CUSTODY OF LIST OF REGISTERED VOTERS TO BE REUSED IN SUBSEQUENT ELECTION.  The custodian of a precinct list of registered voters that is to be reused in a subsequent election occurring during the preservation period shall return the list to the authority responsible for delivering the election supplies not earlier than the fourth day before the date it is needed for the subsequent election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 66 - Disposition of Records and Supplies After Election › Subchapter C. Disposition of Records and Supplies › Section 66.062. Returning Equipment and Supplies

Sec. 66.062.  RETURNING EQUIPMENT AND SUPPLIES.  (a)  At the same time the precinct election records are delivered, the unused election supplies shall be delivered to the authority responsible for distributing the election supplies.
(b)  The presiding judge shall follow the directions of the authority responsible for distributing the election supplies regarding the storage or return after the election of ballot boxes no. 1 and no. 2, the keys to those boxes, voting booths, and other election equipment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Renumbered from Election Code Sec. 66.063 and amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(b), eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.001. Applicability of Chapter

Sec. 67.001.  APPLICABILITY OF CHAPTER.  This chapter applies to each general or special election conducted in this state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.002. Canvass of Precinct Returns

Sec. 67.002.  CANVASS OF PRECINCT RETURNS.  (a)  Except as otherwise provided by law, the precinct election returns for each election shall be canvassed by the following authority:
(1)  for an election ordered by the governor or by a county authority, the commissioners court of each county in which the election is held;  and
(2)  for an election ordered by an authority of a political subdivision other than a county, the political subdivision's governing body.
(b)  The canvass of precinct returns shall be conducted in accordance with this chapter except as otherwise provided by this code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.003. Time for Local Canvass

Sec. 67.003.  TIME FOR LOCAL CANVASS.  (a)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 992 (H.B. 929), Sec. 3, eff. September 1, 2017.
(b)  Except as provided by Subsection (c), each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not later than the 11th day after election day and not earlier than the later of:
(1)  the third day after election day;
(2)  the date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or
(3)  the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States.
(c)  In an election described by Section 65.051(a-1), the time for the local canvass may be set not later than the 14th day after election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 22, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1349, Sec. 31, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1315, Sec. 42, eff. Jan. 1, 2004;  Acts 2003, 78th Leg., ch. 1316, Sec. 17, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 1, Sec. 3, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 471 (H.B. 57), Sec. 7, eff. October 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 891 (H.B. 985), Sec. 3, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 992 (H.B. 929), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 992 (H.B. 929), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.004. Procedure for Local Canvass

Sec. 67.004.  PROCEDURE FOR LOCAL CANVASS.  (a)  At the time set for convening the canvassing authority for the local canvass, the presiding officer of the canvassing authority shall deliver the sealed precinct returns to the authority.  The authority shall open the returns for each precinct and canvass them as provided by this section.  Two members of the authority constitute a quorum for purposes of canvassing an election.
(b)  The canvassing authority shall prepare a tabulation stating for each candidate and for and against each measure:
(1)  the total number of votes received in each precinct;  and
(2)  the sum of the precinct totals tabulated under Subdivision (1).
(b-1)  The tabulation in Subsection (b) must also include for each precinct the total number of voters who cast a ballot for a candidate or for or against a measure in the election.  The secretary of state shall prescribe any procedures necessary to implement this subsection.
(c)  The canvassing authority may prepare the tabulation as a separate document or may enter the tabulation directly in the local election register maintained for the authority.  The authority shall attach or include as part of the tabulation the report of early voting votes by precinct received under Section 87.1231.
(d)  The canvassing authority may compare the precinct returns with the corresponding tally list.  If a discrepancy is discovered between the vote totals shown on the returns and those shown on the tally list for a precinct, the presiding judge of the precinct shall examine the returns and tally list and make the necessary corrections on the returns.
(e)  On completion of the canvass, the presiding officer of the canvassing authority shall deliver the tabulation to the custodian of the local election register unless it is entered directly in the election register.  The custodian shall preserve the tabulation for the period for preserving the precinct election records.
(f)  On completion of the canvass, the presiding officer of the canvassing authority shall deliver the precinct returns, tally lists, and early voting precinct report used in the canvass to the general custodian of election records.  The custodian shall preserve them for the period for preserving the precinct election records.
(g)  The presiding officer of the canvassing authority shall note the completion of the canvass in the minutes or in the recording required by Section 551.021, Government Code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 114, Sec. 10, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 203, Sec. 1.01, 2.51;  Acts 1991, 72nd Leg., ch. 554, Sec. 22, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, Sec. 23, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1349, Sec. 32, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.14, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 86 (H.B. 1001), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.005. Determining Official Result of Election Not Canvassed at State Level

Sec. 67.005.  DETERMINING OFFICIAL RESULT OF ELECTION NOT CANVASSED AT STATE LEVEL.  (a)  Except as provided by Subsection (b), the official result of an election that is not canvassed at the state level is determined from the canvass of the precinct returns conducted by the local canvassing authority.
(b)  In an election in which there is more than one local canvassing authority but no canvass at the state level, the official result is determined in the manner prescribed by the law providing for the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.006. Local Election Register

Sec. 67.006.  LOCAL ELECTION REGISTER.  (a)  An election register shall be maintained for each local canvassing authority.
(b)  For each election, the election register must contain in tabulated form the information required to appear in the tabulation of precinct results prepared by the local canvassing authority.
(c)  The general custodian of election records for the elections canvassed by a local canvassing authority is the custodian of the authority's election register.
(d)  On receipt of the local canvassing authority's tabulation of votes, the custodian shall make the appropriate entries in the election register.
(e)  The election register shall be preserved as a permanent record.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.007. County Election Returns

Sec. 67.007.  COUNTY ELECTION RETURNS.  (a)  For each election for a statewide, district, county, or precinct office, a statewide measure, or president and vice-president of the United States, the county clerk of each county in the territory covered by the election shall prepare county election returns.
(b)  The county election returns shall state, for each candidate and for and against each measure, the total number of votes received in the county as stated by the local canvassing authority's tabulation of votes.
(c)  The county clerk shall certify the county returns.
(d)  Not later than 24 hours after completion of the local canvass, the county clerk shall deliver to the secretary of state, in the manner directed by the secretary, the county returns.
(e)  The county clerk shall retain a copy of the county returns for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1130 (H.B. 2628), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.008. Separate County Returns for Governor and Lieutenant Governor

Sec. 67.008.  SEPARATE COUNTY RETURNS FOR GOVERNOR AND LIEUTENANT GOVERNOR.  (a)  In addition to the returns required by Section 67.007, each county clerk shall prepare separate county election returns of an election for the office of governor or lieutenant governor that contain the same information as the returns for those offices prepared under Section 67.007.
(b)  The returns shall be delivered to the secretary of state as provided by Section 67.007.
(c)  The secretary of state shall retain the returns until the first day of the next regular legislative session, when the secretary shall deliver the returns to the speaker of the house of representatives.
(d)  The county clerk shall retain a copy of the county returns for the offices of governor and lieutenant governor for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1130 (H.B. 2628), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.009. Forms and Instructions for County Returns

Sec. 67.009.  FORMS AND INSTRUCTIONS FOR COUNTY RETURNS.  (a)  Before each election for which county election returns are required, the secretary of state shall deliver to each county clerk in the territory covered by the election two copies of the officially prescribed form for reporting county election returns.  The secretary shall also deliver two copies of the official form for the separate returns for the offices of governor and lieutenant governor, if applicable.
(b)  With the delivery of the official county returns forms, the secretary of state shall deliver written instructions on the preparation and delivery of the county election returns.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1130 (H.B. 2628), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.010. County Returns Canvassed by Governor

Sec. 67.010.  COUNTY RETURNS CANVASSED BY GOVERNOR.  (a)  The county election returns for an election for a statewide office other than governor or lieutenant governor, a statewide measure, a district office, or president and vice-president of the United States shall be canvassed by the governor.
(b)  When this code refers to the presiding officer of the final canvassing authority, the secretary of state is considered to be the presiding officer when the final canvassing authority is the governor.
(c)  The canvass of county returns shall be conducted in accordance with this chapter except as otherwise provided by this code.
(d)  The presiding officer may make a clerical correction to the officially canvassed returns based on any authorized amended county canvass filed with the presiding officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 18(a), eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 163, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.011. County Returns Canvassed by Legislature

Sec. 67.011.  COUNTY RETURNS CANVASSED BY LEGISLATURE.  (a)  The county election returns for an election for the office of governor or lieutenant governor shall be canvassed by the legislature and the official result declared by the speaker of the house of representatives in accordance with Article IV, Section 3, of the Texas Constitution.
(b)  If a county's election returns are incomplete or missing, the legislature may substitute the secretary of state's tabulation for that county or may obtain the necessary information from the county.  On request of the legislature, the secretary of state or the county shall promptly transmit the information to the legislature by the most expeditious means available.
(c)  On completion of the canvass, the speaker of the house of representatives shall deliver the county returns to the secretary of state, who shall retain them for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 24, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.012. Time for Canvass by Governor

Sec. 67.012.  TIME FOR CANVASS BY GOVERNOR.  (a)  The governor shall conduct the state canvass at the time set by the secretary of state:
(1)  not earlier than the 15th or later than the 30th day after election day; or
(2)  for an election described by Section 65.051(a-1), not earlier than the 18th or later than the 33rd day after election day.
(b)  The secretary of state shall post, on the secretary of state's Internet website, a notice of the date, hour, and place of the canvass at least 72 hours before the canvass is conducted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 6(a), eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 163, Sec. 1, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 728, Sec. 25, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 891 (H.B. 985), Sec. 4, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.013. Procedure for Canvass by Governor

Sec. 67.013.  PROCEDURE FOR CANVASS BY GOVERNOR.  (a)  At the time set for the state canvass, the secretary of state shall deliver the county returns to the governor.
(b)  The secretary of state shall prepare a tabulation stating for each candidate and for and against each measure required to be canvassed by the governor:
(1)  the total number of votes received in each county;  and
(2)  the sum of the county totals tabulated under Subdivision (1).
(c)  At the canvass of an election in which the office of governor or lieutenant governor is voted on, the secretary of state shall prepare a separate tabulation on the candidates for governor and lieutenant governor, indicating for each candidate the information required by Subsection (b).
(d)  The governor shall certify the tabulations.
(e)  The secretary of state shall retain the county election returns used in the canvass and the tabulations for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.014. Determining Official Result of Election Canvassed at State Level

Sec. 67.014.  DETERMINING OFFICIAL RESULT OF ELECTION CANVASSED AT STATE LEVEL.  The official result of an election canvassed by the governor or by the legislature is determined from the canvass of the county returns conducted by that authority.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.015. State Election Register

Sec. 67.015.  STATE ELECTION REGISTER.  (a)  An election register shall be maintained for the governor.
(b)  Except as provided by Subsection (e), for each election the election register shall contain in tabulated form the information required to appear in the tabulations of the county results prepared by the secretary of state.
(c)  The secretary of state is the custodian of the election register for the governor.
(d)  After each canvass conducted by the governor, the secretary of state shall make the appropriate entries in the election register.
(e)  If a discrepancy exists between the legislature's canvass of the election for governor or lieutenant governor and the register entries pertaining to either of those offices that are made from the secretary of state's tabulation, the secretary shall make the entries in the register necessary to make it correspond to the legislature's canvass.
(f)  The election register shall be preserved as a permanent record of the state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.016. Certificate of Election

Sec. 67.016.  CERTIFICATE OF ELECTION.  (a)  After the completion of a canvass, the presiding officer of the local canvassing authority shall prepare a certificate of election for each candidate who is elected to an office for which the official result is determined by that authority's canvass.
(b)  The governor shall prepare a certificate of election for each candidate who is elected to an office for which the official result is determined by the canvass conducted by the governor.
(c)  A certificate of election must contain:
(1)  the candidate's name;
(2)  the office to which the candidate is elected;
(3)  a statement of election to an unexpired term, if applicable;
(4)  the date of the election;
(5)  the signature of the officer preparing the certificate;  and
(6)  any seal used by the officer preparing the certificate to authenticate documents that the officer executes or certifies.
(d)  After the canvass of a presidential election, the secretary of state shall prepare a certificate of election for each presidential elector candidate who is elected.
(e)  The authority preparing a certificate of election shall promptly deliver it to the person for whom it is prepared, subject to Section 212.0331.
(f)  A certificate of election may not be issued to a person who has been declared ineligible to be elected to the office.
(g)  This section does not apply to the offices of governor and lieutenant governor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 2, eff. Sept. 1, 1989;  Acts 2001, 77th Leg., ch. 1144, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 67 - Canvassing Elections › Section 67.017. Reporting Precinct Results to Secretary of State

Sec. 67.017.  REPORTING PRECINCT RESULTS TO SECRETARY OF STATE.  (a)  After each election for a statewide office or the office of United States representative, state senator, or state representative, a district office, a county office, or a precinct office, the county clerk shall prepare a report of the number of votes, including early voting votes cast by mail and early voting votes cast by personal appearance, received in each county election precinct for each candidate for each of those offices. In a presidential election year, the report must include the number of votes received in each precinct for each set of candidates for president and vice-president of the United States.
(b)  The county clerk shall deliver the report to the secretary of state not later than the 30th day after election day in an electronic format prescribed by the secretary of state.
(c)  The report may be:
(1)  an electronic copy of the precinct returns;
(2)  an electronic copy of the tabulation prepared by the local canvassing authority; or
(3)  in any other electronic form approved by the secretary of state.
(d)  The secretary of state shall preserve a report received under this section for 10 years unless the secretary prepares a written tabulation of the information contained in the report received.  In that case, the secretary shall preserve the original report for two years and the tabulation for 10 years after receipt of the original report.
(e)  After the applicable preservation period prescribed by Subsection (d) expires, the secretary of state shall transfer the report or tabulation to the state library.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 2(c), eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 114, Sec. 11, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 203, Sec. 2.52;  Acts 1991, 72nd Leg., ch. 554, Sec. 23, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.15(a), eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › 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 › Section 68.001. Duty to Tabulate Generally

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.
2023 Texas Statutes › 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 › Section 68.002. Access to Tabulation System

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.
2023 Texas Statutes › 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 › Section 68.003. Display Terminals for Certain State Officers

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.
2023 Texas Statutes › 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 › Section 68.004. Periodic Reports During Tabulation

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.
2023 Texas Statutes › 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 › Section 68.005. Final Reports of Tabulation

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.
2023 Texas Statutes › 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 › Section 68.006. Report of Receipt of County Results

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.
2023 Texas Statutes › 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 › Section 68.007. Posting Reports for Public Inspection

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.
2023 Texas Statutes › 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 › Section 68.008. Backup System

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.
2023 Texas Statutes › 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 › Section 68.009. Operations Manual

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.
2023 Texas Statutes › 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 › Section 68.010. Disposition of Funds

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.
2023 Texas Statutes › 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 › Section 68.011. Additional Procedures Prescribed by Secretary of State

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.
2023 Texas Statutes › Election Code › Title 6 - Conduct of Elections › Chapter 68 - Tabulation of Unofficial Results of Certain Races by Secretary of State › Subchapter B. Duties of Local Election Officials for Certain Races › Section 68.031. Applicability of Subchapter

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.