reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.008. Circulation of Petition

Sec. 203.008.  CIRCULATION OF PETITION.  A petition authorized by Section 203.005(b)(2)(B) may not be circulated before the day after the date the vacancy occurs.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.009. Certification of Candidates for Placement on Ballot

Sec. 203.009.  CERTIFICATION OF CANDIDATES FOR PLACEMENT ON BALLOT.  (a)  Except as provided by Subsection (c), the secretary of state shall certify in writing for placement on the special election ballot the name of each candidate who files with the secretary an application that complies with Section 203.005(b).
(b)  As soon as practicable after the deadline for filing applications, the secretary of state shall deliver the certification to the authority responsible for having the official special election ballot prepared in each county in which the special election is to be held.
(c)  A candidate's name may not be certified if, before delivering the certification, the secretary of state learns that the name is to be omitted from the ballot under Section 145.094.
(d)  This section does not apply to the certification of candidates for a runoff election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.010. Time for Certification of Runoff Candidates

Sec. 203.010.  TIME FOR CERTIFICATION OF RUNOFF CANDIDATES.  The certification of the names of the runoff candidates for placement on a runoff ballot shall be delivered not later than the fifth day after the date the final canvass is completed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.011. Party Alignment on Ballot

Sec. 203.011.  PARTY ALIGNMENT ON BALLOT.  The party alignment of each candidate shall be printed on the official ballot next to the candidate's name.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.012. Time of Canvass

Sec. 203.012.  TIME OF CANVASS.  (a)  The commissioners court shall convene to conduct the local canvass not later than the 10th day after election day.
(b)  The governor shall conduct the state canvass not later than the 14th day after election day.
(c)  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 24 hours before the canvass is conducted.
(d)  Section 1.006 does not apply to this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 50, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 163, Sec. 5, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 728, Sec. 73, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 1315, Sec. 53, eff. Jan. 1, 2004.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 14, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.013. Expedited Election

Sec. 203.013.  EXPEDITED ELECTION.  (a)  This section applies to a special election to fill an unexpired term if a vacancy occurs:
(1)  during a regular session of the legislature and more than 25 days before the last possible day of the session;  or
(2)  during the 60 days immediately prior to the date of convening any session of the legislature.
(b)  This section supersedes other provisions of this title to the extent of any conflict.
(c)  The election must be held on a Tuesday or Saturday occurring not earlier than the 21st day or later than the 45th day after the date the election is ordered.
(d)  If the election is to be held before the 36th day after the date the election is ordered, the governor shall set the deadline for filing candidates' applications for a place on the ballot, which must be 5 p.m. of a day not earlier than the fifth day after the date of the order and not later than the 16th day before election day.
(e)  If a runoff election is necessary, it must be held on a Tuesday or Saturday occurring not earlier than the 12th day or later than the 25th day after the date the election is ordered.
(f)  If a runoff election is to be held before the 21st day after the date the election is ordered, an election notice given by posting shall be posted not later than the seventh day after the date of the order.
(g)  If a runoff election is to be held before the 16th day after the date the election is ordered, an election notice given by publication shall be published not later than the third day before election day.
(h)  The order of the candidates' names on the runoff election ballot shall be the relative order of names on the original expedited election ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 266 (S.B. 1779), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 203 - Vacancy in Legislature › Section 203.014. Disposition of Filing Fees

Sec. 203.014.  DISPOSITION OF FILING FEES.  The secretary of state shall deposit the filing fees received under Section 203.005 in a suspense account with the comptroller until after election day.  The funds remaining in the account after any refunds are made shall be deposited to the credit of the General Revenue Fund.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 6.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 204 - Vacancy in Congress › Subchapter A. Vacancy in Senate › Section 204.001. Applicability of Subchapter

Sec. 204.001.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to the office of United States senator.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 204 - Vacancy in Congress › Subchapter A. Vacancy in Senate › Section 204.002. Temporary Appointment to Fill Vacancy

Sec. 204.002.  TEMPORARY APPOINTMENT TO FILL VACANCY.  The governor shall appoint a person to fill a vacancy in office if the vacancy exists or will exist when congress is in session.  The appointee serves until a successor has been elected and has qualified.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 204 - Vacancy in Congress › Subchapter A. Vacancy in Senate › Section 204.003. Vacancy Filled at General Election

Sec. 204.003.  VACANCY FILLED AT GENERAL ELECTION.  If a vacancy occurs on or after January 1 of an even-numbered year and on or before the 62nd day before general primary election day, the remainder of the unexpired term shall be filled at the next general election for state and county officers.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 30, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 204 - Vacancy in Congress › Subchapter A. Vacancy in Senate › Section 204.004. Nomination for Vacancy Filled at General Election

Sec. 204.004.  NOMINATION FOR VACANCY FILLED AT GENERAL ELECTION.  A nomination by a political party for an unexpired term to be filled at the general election for state and county officers is made in the manner prescribed by Section 202.004 or 202.005, as applicable.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 204 - Vacancy in Congress › Subchapter A. Vacancy in Senate › Section 204.005. Vacancy Filled at Special Election

Sec. 204.005.  VACANCY FILLED AT SPECIAL ELECTION.  If a vacancy occurs during an odd-numbered year or after the 62nd day before general primary election day in an even-numbered year, the remainder of the unexpired term shall be filled by a special election in the same manner as provided by Chapter 203 for the legislature, except that:
(1)  the minimum number of signatures that must appear on a petition accompanying a candidate's application for a place on the ballot is 5,000;  and
(2)  Section 203.013 does not apply.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 30, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 12 - Elections to Fill Vacancy in Office › Chapter 204 - Vacancy in Congress › Subchapter B. Vacancy in House of Representatives › Section 204.021. Vacancy Filled at Special Election

Sec. 204.021.  VACANCY FILLED AT SPECIAL ELECTION.  An unexpired term in the office of United States representative may be filled only by a special election in the same manner as provided by Chapter 203 for the legislature, except that Section 203.013 does not apply.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 211 - General Provisions › Section 211.001. Elections in Which Recount May Be Obtained

Sec. 211.001.  ELECTIONS IN WHICH RECOUNT MAY BE OBTAINED.  A recount may be obtained as provided by this title in any election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 211 - General Provisions › Section 211.002. Definitions

Sec. 211.002.  DEFINITIONS.  In this title:
(1)  "Recount" means the process conducted under this title for verifying the vote count in an election.
(2)  "Initial recount" means a recount obtained under Subchapter B, Chapter 212.
(3)  "Partial recount" means a recount in fewer than the total number of election precincts involved in an election.
(4)  "Supplementary recount" means a recount obtained under Subchapter C, Chapter 212, following a partial initial recount.
(5)  "Expedited recount" means a recount obtained under Subchapter D, Chapter 212.
(6)  "Recount coordinator" means the authority to whom a petition for an initial recount or an expedited recount is submitted under Section 212.026 or 212.082.
(7)  "Recount supervisor" means the authority designated by Section 213.001 to manage and supervise a recount in election precincts in the jurisdiction of a local canvassing authority.
(8)  "Recount document" means a petition for an initial recount, a petition for an expedited recount, an application for a supplementary recount, or an application for including remaining paper ballot precincts.
(9)  "Recount deposit" means the deposit required by Section 212.111.
(10)  "Voting system vote" means a vote cast in a voting system that is not a write-in vote.
(11)  "Automatic recount" means a recount conducted under Chapter 216.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2001, 77th Leg., ch. 851, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 211 - General Provisions › Section 211.003. Change in Outcome of Election

Sec. 211.003.  CHANGE IN OUTCOME OF ELECTION.  In this title, a change in the outcome of an election occurs if, as a result of a recount in the precincts included in a recount document:
(1)  a candidate who was shown by the previous vote count to be nominated, elected, or entitled to a place on a runoff ballot or to be tied for nomination, election, or entitlement to a place on a runoff ballot loses that status;
(2)  in a presidential general election, the presidential candidate who was shown by the previous vote count to have received the most votes in this state loses that status;
(3)  in an election on a measure, the winning side becomes the losing side;  or
(4)  in a presidential primary election, entitlement to delegate representation at the political party's national presidential nominating convention on behalf of a candidate or an uncommitted delegation is changed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 32, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 211 - General Provisions › Section 211.004. Presiding Officer of Canvassing Authority Ineligible or Unable to Serve

Sec. 211.004.  PRESIDING OFFICER OF CANVASSING AUTHORITY INELIGIBLE OR UNABLE TO SERVE.  (a)  The presiding officer of a local canvassing authority who is a candidate in a race for which a recount is to be made is ineligible to serve as the recount coordinator or recount supervisor.
(b)  The presiding officer of a local canvassing authority may designate the following authority as the recount coordinator or recount supervisor, and if the presiding officer is ineligible or unable to serve as recount coordinator or recount supervisor, the following authority shall serve in that capacity:
(1)  the county clerk, if a commissioners court is the canvassing authority;
(2)  the city secretary, if a city's governing body is the canvassing authority;
(3)  the secretary of the governing body, or the authority performing the duties of a secretary under this code, if the governing body of a political subdivision other than a county or city is the canvassing authority;  or
(4)  the secretary of the county executive committee, if a political party's county executive committee is the canvassing authority and the committee has a secretary who is a member of the committee, or the county clerk if the committee does not have a member-secretary.
(c)  A substitute recount coordinator does not replace the presiding officer of the local canvassing authority in a canvass following a recount.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 211 - General Provisions › Section 211.005. Method of Giving Notice; Record of Notice

Sec. 211.005.  METHOD OF GIVING NOTICE;  RECORD OF NOTICE.  (a)  The authority responsible for giving a notice required by this title shall use the most expeditious means available for giving the notice.  If the authority cannot give personal notice when required, the authority shall give notice by another method.
(b)  The authority giving notice shall make a written record of the time at which each notice is given to a person and the method by which the notice is given.  The record shall be preserved with the recount document to which the notice pertains.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 211 - General Provisions › Section 211.006. Prompt Performance of Recount Functions

Sec. 211.006.  PROMPT PERFORMANCE OF RECOUNT FUNCTIONS.  (a)  Each authority responsible for performing a function in a recount shall perform the function diligently and shall take prompt action at every stage of the proceeding.
(b)  This section is enforceable by writ of mandamus.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 211 - General Provisions › Section 211.007. Preservation of Recount Papers

Sec. 211.007.  PRESERVATION OF RECOUNT PAPERS.  (a)  In this section, "recount papers" means the documents requesting a recount, amendments to those documents, records of notices given, records of costs of the recount, and file copies of statements of costs.
(b)  A recount coordinator shall retain the recount papers in the coordinator's possession for the longest of the following periods:
(1)  the period for preserving the precinct election records;
(2)  60 days after the date the canvass of the recount is completed;
(3)  30 days after the date assessed costs are finally settled;  or
(4)  30 days after the date an amount owed by a person against whom costs are assessed is referred for collection.
(c)  If a recount supervisor is also the recount coordinator for a recount, the papers accumulated in the officer's capacity as supervisor shall be retained for the same period as those accumulated in the officer's capacity as coordinator.
(d)  A recount supervisor who is not the recount coordinator shall retain the recount papers in the supervisor's possession for the longest of the following periods:
(1)  the period for preserving the precinct election records;
(2)  60 days after the date recount costs for payment of claimants are certified;  or
(3)  if costs in the supervisor's jurisdiction are assessed against a person, six months after the date a statement of costs incurred in the supervisor's jurisdiction is delivered to the recount coordinator.
(e)  Subsections (b), (c), and (d) do not apply to recount papers delivered to the authority to whom an amount owed by a person against whom costs are assessed is referred for collection.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 206, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter A. Requesting Recount Generally › Section 212.001. General Requirements for Recount Document

Sec. 212.001.  GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT.  A recount document submitted under this title must:
(1)  be in writing;
(2)  identify the office or measure for which a recount is desired;
(3)  state the grounds for the recount;
(4)  state the side of the measure that the person requesting the recount represents, if applicable;
(5)  identify the election precincts, grouped by county or other appropriate territorial unit if the election involves more than one local canvassing authority, for which a recount is desired and must indicate the method of voting used in each precinct;
(6)  be signed by:
(A)  the person requesting the recount or, if there is more than one, any one or more of them; or
(B)  an agent of the person requesting the recount;
(7)  state each requesting person's name, residence address, and, if authorization to obtain the recount is based on eligibility to vote in the election, voter registration number, and county of registration if the election covers territory in more than one county;
(8)  designate an agent who is a resident of this state to receive notice under this title on behalf of the person requesting the recount if:
(A)  the person requesting the recount is not a resident of this state; or
(B)  there is more than one person requesting the recount;
(9)  state the mailing address and at least one telephone number, if any, at which the person requesting the recount or an agent, identified by name, may receive notice given under this title;
(10)  state the mailing address, e-mail address, if any, and at least one telephone number, if any, at which the opposing candidates for the office or their agents, identified by name, may receive notice given under this title; and
(11)  be accompanied by a deposit as provided by Subchapter E.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 1, eff. Oct. 20, 1987;  Acts 2003, 78th Leg., ch. 1316, Sec. 40, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 89, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter A. Requesting Recount Generally › Section 212.002. Designation of Agent to Receive Notice

Sec. 212.002.  DESIGNATION OF AGENT TO RECEIVE NOTICE.  (a)  If a recount involves votes canvassed by more than one local canvassing authority, the document requesting the recount may designate, for any one or more of the counties served by the local canvassing authorities, a person residing in the county to receive notice of the time and place of the recount on behalf of the person requesting the recount.
(b)  The designation is not effective unless the document states the designee's name, address, e-mail address, if any, and telephone number, if any.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 90, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter A. Requesting Recount Generally › Section 212.003. Submission of Recount Document

Sec. 212.003.  SUBMISSION OF RECOUNT DOCUMENT.  (a)  A recount document or a document amending a recount document is considered to be submitted at the time of its receipt by the recount coordinator.
(b)  On submission of a document, the recount coordinator shall enter on the document the date and hour of submission and the form and amount of the deposit accompanying the document.
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 A. Requesting Recount Generally › Section 212.004. Furnishing Copies of Documents to Certain Interested Persons

Sec. 212.004.  FURNISHING COPIES OF DOCUMENTS TO CERTAIN INTERESTED PERSONS.  The recount coordinator shall furnish without charge a copy of a recount document or a document amending a recount document to each person, other than the person submitting the document, who is entitled to notice of its approval.
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 A. Requesting Recount Generally › Section 212.005. Multiple Recounts on Same Office or Measure

Sec. 212.005.  MULTIPLE RECOUNTS ON SAME OFFICE OR MEASURE.  (a)  The approval of a petition for a recount does not preclude the submission and approval of another petition on the same office or measure.  A petition with respect to a particular office or measure may not be submitted after an initial recount or an expedited recount on the office or measure is completed.
(b)  If more than one recount petition, application for a supplementary recount, or application for including remaining paper ballot precincts is submitted, the recount coordinator shall promptly inform each petitioner or applicant of the submission by the other person.
(c)  Except as provided by Subsection (d), if more than one petition or application is approved, the recount requested by each person shall be conducted at the same time.
(d)  If different counting methods are chosen under Section 214.042(a) among multiple requests for a recount of electronic voting system results, only one method may be used in the recount.  A manual recount shall be conducted in preference to an electronic recount and an electronic recount using a corrected program shall be conducted in preference to an electronic recount using the same program as the original count.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 65, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter A. Requesting Recount Generally › Section 212.006. Withdrawal of Recount Petition

Sec. 212.006.  WITHDRAWAL OF RECOUNT PETITION.  (a)  A recount petitioner may withdraw the petition for the recount by submitting a request to withdraw the petition to the recount coordinator.  On receipt of the request, the recount coordinator shall immediately inform, by the most expeditious means possible, all parties who are entitled to receive notice of the recount under Section 212.032 that the request has been submitted and the recount canceled.
(b)  After a recount petition has been withdrawn, the petitioner may not petition again for a recount of that election.
(c)  The request for the withdrawal of a recount petition must be sworn to by the person requesting the withdrawal.  The request must contain:
(1)  the identity of the office or measure for which the recount was requested;
(2)  the reason for the withdrawal;
(3)  a statement acknowledging that once the petition is withdrawn, the petitioner may not petition again for a recount of that election;
(4)  a statement acknowledging that the results of the canvass are official;
(5)  a statement acknowledging that money properly expended toward the holding of the recount before the request was submitted will be subtracted from the amount of the deposit that is refunded;
(6)  the signature of:
(A)  the person requesting the withdrawal;  or
(B)  an agent of the person requesting the withdrawal;  and
(7)  the printed name, address, and telephone number of the person requesting the withdrawal.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 2, eff. Oct. 20, 1987.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.021. Applicability of Subchapter

Sec. 212.021.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to all elections except an election to which an expedited recount under Subchapter D applies.
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 B. Initial Recount › Section 212.022. Obtaining Initial Recount in Election on Office

Sec. 212.022.  OBTAINING INITIAL RECOUNT IN ELECTION ON OFFICE.  Except as provided by Section 212.0241, a candidate for nomination or election to an office may obtain an initial recount in an election in which the person was a candidate if:
(1)  the difference in the number of votes received by the candidate and any candidate for the office who is shown by the election returns to be nominated, elected, or entitled to a place on a runoff ballot or tied for nomination, election, or entitlement to a place on a runoff ballot is less than 10 percent of that candidate's number of votes;
(2)  the candidate is shown by the election returns to be entitled to a place on a runoff ballot or tied for nomination, election, or entitlement to a place on a runoff ballot;
(3)  the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034;  or
(4)  the total number of votes received by all candidates for the office is less than 1,000 as shown by the election returns.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 864, Sec. 207, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.023. Obtaining Initial Recount in Election for Presidential Electors

Sec. 212.023.  OBTAINING INITIAL RECOUNT IN ELECTION FOR PRESIDENTIAL ELECTORS.  (a)  Except as provided by Section 212.0241, an initial recount in a presidential general election may be obtained if one of the grounds prescribed by Section 212.022 is satisfied.
(b)  The following persons may obtain an initial recount in a presidential general election:
(1)  a presidential candidate whose name appeared on the ballot in this state or who had qualified as a write-in candidate in this state;
(2)  one or more presidential elector candidates corresponding to a presidential candidate described by Subdivision (1), acting jointly;  or
(3)  a presidential candidate described by Subdivision (1) and one or more corresponding elector candidates, acting jointly.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.0231. Obtaining Initial Recount in Presidential Primary Election

Sec. 212.0231.  OBTAINING INITIAL RECOUNT IN PRESIDENTIAL PRIMARY ELECTION.  Except as provided by Section 212.0241, in a presidential primary election, a candidate in the election, or any 25 or more persons who were eligible to vote in the election acting jointly on behalf of an uncommitted delegation, may obtain an initial recount in the election if:
(1)  the difference in the number of votes received by the candidate or uncommitted status and any candidate or uncommitted status shown by the election returns to be entitled to delegate representation at the political party's national presidential nominating convention is less than 10 percent of the number of votes received by the latter candidate or the uncommitted status;  or
(2)  the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034.
Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 31, eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), (b) eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.024. Obtaining Initial Recount in Election on Measure

Sec. 212.024.  OBTAINING INITIAL RECOUNT IN ELECTION ON MEASURE.  (a)  Except as provided by Section 212.0241, an initial recount in an election on a measure may be obtained if:
(1)  the difference in the number of votes received for the measure and against the measure is less than 10 percent of the total number of votes received on the measure as shown by the election returns;
(2)  the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034;  or
(3)  the total number of votes received for and against the measure is less than 1,000 as shown by the election returns.
(b)  The following persons may obtain an initial recount in an election on a measure:
(1)  the campaign treasurer of a specific-purpose political committee that was involved in the election;  or
(2)  any 25 or more persons, acting jointly, who were eligible to vote in the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.0241. No Ground Required for Electronic Voting System Recount

Sec. 212.0241.  NO GROUND REQUIRED FOR ELECTRONIC VOTING SYSTEM RECOUNT.  (a)  A ground for obtaining an initial recount as prescribed by this subchapter is not required to obtain an initial recount of electronic voting system results, subject to Subsection (b).
(b)  A candidate for nomination or election to an office may obtain an initial recount of electronic voting system results in an election in which the person was a candidate only if the candidate is shown by the election returns not to be nominated or elected.  However, a candidate shown to be nominated or elected may obtain an initial recount if an opposing candidate's initial recount petition is approved for a recount that is covered by Section 212.131(c) and that does not include all of the voting system precincts in the election.
(c)  The secretary of state shall prescribe any procedures necessary to accommodate the authorization to obtain a recount of electronic voting system results without a specific ground.
(d)  This section does not affect the scope of a recount as governed by Subchapter F.
Added by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 66, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 851, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.025. Petition for Initial Recount Required

Sec. 212.025.  PETITION FOR INITIAL RECOUNT REQUIRED.  An initial recount may not be conducted unless a person authorized to obtain the recount submits, as provided by this subchapter, a petition for the recount that complies with the applicable requirements prescribed by this title.
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 B. Initial Recount › Section 212.026. Authority to Whom Petition Submitted

Sec. 212.026.  AUTHORITY TO WHOM PETITION SUBMITTED.  (a)  In an election for which there is only one canvassing authority, a petition for an initial recount must be submitted to the presiding officer of the canvassing authority.
(b)  In an election for which there is only one canvassing authority and which is canvassed jointly with another election, a recount petition must be submitted to the presiding officer of the authority designated by law as the canvassing authority for the election rather than the presiding officer of the canvassing authority designated by the joint election agreement.
(c)  In an election for which a final canvass is made by a canvassing authority at the state level, a recount petition must be submitted to the presiding officer of the final canvassing authority.
(d)  In an election for which there is more than one local canvassing authority and no final canvass at the state level, a recount petition must be submitted to the presiding officer of each local canvassing authority within whose jurisdiction a recount is desired.
(e)  In a general election for governor or lieutenant governor, a recount petition must be submitted to the secretary of state.
(f)  If the presiding officer of a local canvassing authority is ineligible or unable to serve as recount coordinator, the timely submission of a recount petition to that officer instead of the person substituting as the recount coordinator does not make the petition invalid.  In that case, the presiding officer shall promptly deliver the petition to the substitute 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 B. Initial Recount › Section 212.027. Notice of Petition Submission to Other Canvassing Authorities

Sec. 212.027.  NOTICE OF PETITION SUBMISSION TO OTHER CANVASSING AUTHORITIES.  (a)  On submission of a recount petition under Section 212.026(b), the recount coordinator, if the coordinator is not the same person as the presiding officer of the canvassing authority designated by the joint election agreement, shall notify that presiding officer of the submission.
(b)  On submission of a recount petition under Section 212.026(d), the recount coordinator shall notify the presiding officer of each of the other canvassing authorities of the submission of the petition.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 208, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.028. Time for Submitting Petition

Sec. 212.028.  TIME FOR SUBMITTING PETITION.
(a)  Except as provided by Subsection (b), a petition for an initial recount must be submitted by 5 p.m. of the third business day after the date the canvassing authority to whose presiding officer the petition must be submitted completes its canvass of the original election returns.
(b)  A petition for a winning candidate in response to an opposing candidate's petition as described by Section 212.0241(b) must be submitted not later than 48 hours after receipt of the notice of approval under Section 212.032.
(c)  If the deadline for submitting a petition for an initial recount falls on a Saturday, Sunday, or legal state holiday, the deadline is extended to 10 a.m. of the next regular business day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 7.12, eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 851, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 91, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 248 (S.B. 825), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.029. Initial Review of Petition

Sec. 212.029.  INITIAL REVIEW OF PETITION.  (a)  The recount coordinator shall review the petition for compliance with the applicable requirements not later than 48 hours after receipt of the petition.
(b)  If the recount petition does not comply with the applicable requirements, the recount coordinator shall promptly notify the petitioner of each defect in the petition and shall enter on the petition a description of each defect and the date of the notice.  A deposit in an improper form or amount is a defect for purposes of this subsection.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 3, eff. Oct. 20, 1987.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.030. Amendment of Petition

Sec. 212.030.  AMENDMENT OF PETITION.  (a)  A petitioner may amend a recount petition to correct a defect.
(b)  An amendment must be submitted to the recount coordinator not later than the deadline for submitting the petition or 5 p.m. of the second day after the date notice of the defect under Section 212.029 is received by the petitioner, whichever is later.
(c)  On submission of an amendment, the recount coordinator shall enter on the amendment the date and hour it is submitted.
(d)  If an amendment is timely, the recount coordinator shall promptly review the petition as amended.
(e)  For purposes of this section, a correction of an improper deposit is considered an amendment of the petition.
(f)  If the amendment does not correct each defect in the petition of which the petitioner was notified, the recount coordinator shall reject the amended petition.  The recount coordinator shall promptly notify the petitioner of each remaining defect and shall enter on the amended petition a description of each defect and the date of notice.  A petition may not be amended more than once under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 288, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.031. Final Action on Petition

Sec. 212.031.  FINAL ACTION ON PETITION.  (a)  If a recount petition complies with the applicable requirements, the recount coordinator shall approve the petition and note on the petition its approved status and the date of the approval.  The recount coordinator shall immediately notify the recount supervisor of the approval.  The recount supervisor shall, with the written approval of the recount coordinator, order the recount to be held on the later of the seventh day after the date the petition is determined to comply with the applicable requirements or the day after all ballots have been delivered to the general custodian of election records.
(b)  If the petition does not comply with the applicable requirements, the recount coordinator shall determine whether it is correctable by amendment.  If the petition is not correctable, the coordinator shall reject the petition.  If the petition is correctable, the coordinator shall delay acting on the petition until the deadline for amending it.  If at that time the petition is not corrected, the coordinator shall reject the petition.
(c)  On rejecting a petition, the recount coordinator shall note on the petition its rejected status and the reason for and date of the rejection.
(d)  After approving or rejecting a petition, the recount coordinator shall promptly notify the petitioner of the action taken.
(e)  After approving or rejecting a petition submitted under Section 212.026(b), the recount coordinator, if the coordinator is not the same person as the presiding officer of the canvassing authority designated by the joint election agreement, shall promptly notify that presiding officer of the action taken.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 4, eff. Oct. 20, 1987;  Acts 1989, 71st Leg., ch. 288, Sec. 2, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 864, Sec. 209, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 92, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.032. Notice of Approval to Others Involved in Election

Sec. 212.032.  NOTICE OF APPROVAL TO OTHERS INVOLVED IN ELECTION.  After approving a recount petition, the recount coordinator shall promptly notify the following persons of the petition's approval:
(1)  if the recount involves an election for nomination or election to an office, each opposing candidate;
(2)  if the recount involves an election for presidential electors, the presidential candidate who is shown by the election returns to have received the most votes;
(3)  if the recount involves a measure:
(A)  the campaign treasurer of each specific-purpose political committee involved in the election on the side opposite the side that the petitioner represents;  or
(B)  a person eligible to vote in the election, selected by the recount coordinator as an appropriate representative of the interests of the opposite side, if no specific-purpose committee was involved in the election;  or
(4)  if the recount involves a presidential primary election:
(A)  each opposing candidate;  and
(B)  a registered voter selected by the recount coordinator as an appropriate representative of the interests of the uncommitted delegation, if an uncommitted delegation is entitled to delegate representation.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 32, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.033. Effect of Petition Submission on Canvass

Sec. 212.033.  EFFECT OF PETITION SUBMISSION ON CANVASS.  (a)  The submission of a recount petition before the canvassing authority completes its canvass does not delay the canvass for the office or measure involved in the recount.
(b)  The canvassing authority shall make a notation on the tabulation of any office or measure involved in a 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. 5, eff. Oct. 20, 1987.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.0331. Effect of Petition Submission on Qualifying for Office

Sec. 212.0331.  EFFECT OF PETITION SUBMISSION ON QUALIFYING FOR OFFICE.  (a)  The submission of a recount petition delays the issuance of a certificate of election and qualification for the office involved in the recount pending completion of the recount.
(b)  A candidate may not qualify for an office involved in a recount before completion of the recount.
(c)  This section does not affect a candidate who has received a certificate of election and qualified for an office before the submission of a recount petition involving the office.
(d)  The secretary of state shall prescribe any procedures necessary to implement this section.
Added by Acts 2001, 77th Leg., ch. 1144, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter B. Initial Recount › Section 212.035. Application for Including Remaining Paper Ballot Precincts

Sec. 212.035.  APPLICATION FOR INCLUDING REMAINING PAPER BALLOT PRECINCTS.  (a)  If a petition is approved for a partial recount in election precincts in which paper ballots were used, any opposing candidate or any person listed in Section 212.023(b), 212.0231, or 212.024(b), as appropriate, may have the remaining election precincts in which paper ballots were used included in the initial recount by submitting an application for including the precincts to the recount coordinator.
(b)  The application must be submitted not later than 2 p.m. of the second day after the date the applicant receives notice of the petition's approval.
(c)  The application is subject to review, amendment, and action by the recount coordinator in the same manner as a petition submitted under this subchapter.
(d)  After approving an application for including remaining precincts, the recount coordinator shall promptly give notice of the approval to the applicant, the petitioner, and any other person entitled to notice under Section 212.032.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 34, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter C. Supplementary Recount Following Partial Recount in Paper Ballot Precincts › Section 212.051. Applicability of Subchapter

Sec. 212.051.  APPLICABILITY OF SUBCHAPTER.  This subchapter does not apply to an election to which an expedited recount under Subchapter D applies.
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 212.052. Supplementary Recount Authorized

Sec. 212.052.  SUPPLEMENTARY RECOUNT AUTHORIZED.  If a partial recount is conducted in election precincts in which paper ballots were used, a recount of votes cast in the remaining precincts in which paper ballots were used may be obtained as provided by this subchapter.
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 212.053. Obtaining Supplementary Recount

Sec. 212.053.  OBTAINING SUPPLEMENTARY RECOUNT.  (a)  A person who was not entitled to obtain an initial recount on the grounds prescribed by Section 212.022(1) or (2), 212.0231(1), or 212.024(a)(1) may obtain a supplementary recount if the partial recount included less than 50 percent of the total vote received by all candidates in the race or for the measure, as applicable, as shown by the original election returns, and as a result of the partial recount those grounds are satisfied.
(b)  A person who was not entitled to obtain an initial recount on the grounds prescribed by Section 212.022(1) or (2), 212.0231(1), or 212.024(a)(1) may obtain a supplementary recount if the partial recount included 50 percent or more but less than 75 percent of the total vote received by all candidates in the race or for the measure, as applicable, as shown by the original election returns, and as a result of the partial recount those grounds are satisfied, except that the percentage factor is two percent rather than 10 percent.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 35, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 212 - Requesting Recount › Subchapter C. Supplementary Recount Following Partial Recount in Paper Ballot Precincts › Section 212.054. Application for Supplementary Recount Required

Sec. 212.054.  APPLICATION FOR SUPPLEMENTARY RECOUNT REQUIRED.  A supplementary recount may not be conducted unless a person authorized to obtain the recount submits, as provided by this subchapter, an application for the recount that complies with the applicable requirements prescribed by this title.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.