reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter C. Ballots Counted by Automatic Tabulating Equipment › Section 214.043. Equipment Used for Recount

Sec. 214.043.  EQUIPMENT USED FOR RECOUNT.  (a)  The recount supervisor shall designate the automatic tabulating equipment to be used for an electronic recount in precincts in the supervisor's jurisdiction.
(b)  A recount of ballots originally counted on automatic tabulating equipment at a polling place must be made on the same or a similar unit of equipment unless the person requesting the recount requests that other equipment be used.
(c)  A recount of ballots originally counted at a central counting station must be made on the same equipment unless:
(1)  the equipment is unavailable or is not in usable condition;  or
(2)  the person requesting the recount requests that other equipment be used.
(d)  If the equipment used for the original count is available and in usable condition, the recount supervisor is not required to grant a request that the recount be made on different equipment unless the request is contained in the recount document or in a written request filed with the supervisor before the supervisor gives notice of the time and place for beginning the recount.
(e)  Equipment other than that used for the original count must:
(1)  be located at a site that complies with Section 127.001(c) unless all persons entitled to notice of the recount consent to a site that does not comply;  and
(2)  be approved by:
(A)  the programmer for the election if the ballots were counted at a polling place and the unit to be used for the recount was not used in the election;  or
(B)  the programmer for the election or the tabulation supervisor of the central counting station at which the ballots were counted, if counted at a central counting station.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter C. Ballots Counted by Automatic Tabulating Equipment › Section 214.044. Charge for Use of Equipment

Sec. 214.044.  CHARGE FOR USE OF EQUIPMENT.  The person having control of the automatic tabulating equipment used in the original count shall make it available for a recount for a reasonable charge at a rate not to exceed the rate charged for its use in the election being recounted.  If the equipment is owned or leased by the authority responsible for the expenses of the election, a charge may not be made for its use in the recount.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter C. Ballots Counted by Automatic Tabulating Equipment › Section 214.045. Composition of Committee

Sec. 214.045.  COMPOSITION OF COMMITTEE.  (a)  The recount committee chair shall designate one member of the recount committee for an electronic recount to operate the automatic tabulating equipment.  In this subchapter, "recount tabulator" means the member designated to operate the equipment.
(b)  In a recount of ballots originally counted at a central counting station, the recount tabulator must be the tabulation supervisor of the station, an assistant to the supervisor, or a person approved by the supervisor.
(c)  In a recount of ballots originally counted at a polling place, the recount tabulator must be a person who has served as an election officer at a polling place using the type of equipment on which the recount is made and must have had experience in operating the equipment.
(d)  At least one member of the recount committee other than the recount tabulator must have had experience in operating the type of equipment on which the recount is made.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 223, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter C. Ballots Counted by Automatic Tabulating Equipment › Section 214.046. Test of Program and Equipment

Sec. 214.046.  TEST OF PROGRAM AND EQUIPMENT.  (a)  After the time set for beginning an electronic recount but before the recount is made, the recount tabulator shall conduct a test of the program and equipment in the same manner as the test that is conducted immediately before an original count of ballots for an election.  Each person entitled to notice of the recount or the person's representative at the recount is entitled to examine the program and the test materials on request.
(b)  If the test is unsuccessful, the recount tabulator shall notify the recount committee chair, who shall notify the recount supervisor, and the supervisor shall investigate the cause of the test's failure.  The electronic recount may not proceed until a test is successful on the equipment used for the first test or on other equipment selected by the supervisor.
(c)  If the recount supervisor determines that the program is defective, the supervisor shall inform the person requesting the recount or the person's agent.  The person requesting the recount may notify the supervisor:
(1)  to have the ballots recounted manually;  or
(2)  to attempt to correct the program so that an electronic recount may be conducted with the corrected program.
(d)  A recount using a corrected program may not be made unless the tabulation supervisor of the central counting station or the presiding election judge of the polling place at which the ballots were counted, as applicable, and the person who prepared the program sign a written statement indicating that the original program is defective.  If the statement cannot be obtained, the recount supervisor shall have the ballots recounted manually.
(e)  If a recount using a corrected program is to be made, the original program shall be preserved without change and a complete new program shall be prepared.  The original set of test materials shall also be preserved without change and a complete new set shall be prepared if the original set is unsuitable for testing the corrected program.
(f)  The recount supervisor shall obtain from the person who prepares a new program a signed statement that the program was prepared by the person, with the date of preparation and the person's address shown on the statement.  The new program, the preparer's statement, and the test materials used for verification shall be preserved in a sealed container in the same manner and for the same period as the original program.
(g)  The costs of a recount under Subsection (c) may not be assessed against a person regardless of its outcome.  If other precincts are included in the same recount document, the assessment of the costs in the other precincts shall be determined by the overall outcome in all precincts included in the document.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 224, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter C. Ballots Counted by Automatic Tabulating Equipment › Section 214.047. Test Using Unofficial Test Materials

Sec. 214.047.  TEST USING UNOFFICIAL TEST MATERIALS.  (a)  In addition to a test conducted under Section 214.046 using official test materials, a person requesting a recount of electronic voting system ballots but not requesting a manual recount is entitled to have each test repeated, using test materials furnished by the person, if the person offers the materials to the recount tabulator before or immediately after the official test is made.
(b)  The outcome of a test using unofficial test materials has no legal effect on the conduct of the recount.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter C. Ballots Counted by Automatic Tabulating Equipment › Section 214.048. Request for Manual Recount After Successful Test

Sec. 214.048.  REQUEST FOR MANUAL RECOUNT AFTER SUCCESSFUL TEST.  (a)  If a person requesting an electronic recount is dissatisfied with the program or the equipment to be used for the recount after a successful test conducted under Section 214.046, the person may change the method of counting to a manual recount as provided by this section.
(b)  A person desiring a manual recount under this section must notify the recount supervisor immediately after the test is concluded that a manual recount is desired.
(c)  After being notified under Subsection (b) that a manual recount is desired, the recount supervisor shall promptly deliver to the person requesting the recount a written statement of the costs incurred for use of the equipment in making the tests and for compensation of the recount committee for time spent in making the tests.
(d)  To obtain a manual recount, the person requesting the recount must deliver to the recount supervisor within 24 hours after receiving the cost statement under Subsection (c):
(1)  a cashier's check payable to the recount supervisor in the amount specified in the statement;  and
(2)  a cashier's check payable to the recount coordinator in the amount of the difference between the amount of the deposit for a manual recount and the amount for an electronic recount.
(e)  On receiving checks complying with Subsection (d), the recount supervisor shall promptly arrange for a manual recount of the ballots.
(f)  The recount supervisor shall place a check remitted under Subsection (d)(1) in the fund from which the costs covered by the check are payable.  No part of the amount is refundable.  If the recount costs are assessed against the person requesting the recount, the costs covered by the check may not be included in the assessment.
(g)  If the recount supervisor is not the recount coordinator, the supervisor shall notify the coordinator of the change in the counting method and shall deliver to the coordinator the check remitted under Subsection (d)(2).  The check is subject to disposition in the same manner as the check accompanying the recount document.
(h)  If the person requesting the recount does not comply with Subsection (d), a recount of the precincts for which the manual recount is requested may not be made, and the person shall be assessed for the amount of the costs specified in the cost statement prepared under Subsection (c) regardless of the outcome of a recount in any other precincts.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter C. Ballots Counted by Automatic Tabulating Equipment › Section 214.049. Counting Procedure

Sec. 214.049.  COUNTING PROCEDURE.  (a)  All members of the recount committee in an electronic recount shall be present during the testing of the program and equipment and during the counting of the ballots.  The other members of the committee may assist the recount tabulator in the handling of the test materials and the ballots, but only the tabulator may operate the equipment.
(b)  After the ballots are counted, a member of the recount committee shall prepare returns for each precinct in the same manner as original election returns are prepared, except that the returns shall be prepared as an original and one copy.
(c)  If it is necessary to count any of the ballots manually, other than write-in votes, the recount committee shall count the ballots, and a member shall enter the result of the count on the returns.
(d)  Except as otherwise provided by this subchapter, the ballots shall be processed in the manner prescribed by Sections 127.125 and 127.126.  Before the tabulation of duplicate ballots, the recount committee chair shall compare the duplicate ballot with the original to verify that the original ballot was duplicated properly.  If the original ballot was duplicated improperly, the recount committee chair shall have the original ballot duplicated properly and that duplicate ballot shall be counted.  The improper duplicate ballot shall be retained and the recount committee chair shall make a notation on the improper duplicate ballot of the reason for which it was not counted.
(e)  If electronic voting system ballots are to be recounted manually, the original ballot, rather than the duplicate of the original ballot, shall be counted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 19, eff. Oct. 20, 1987;  Acts 1997, 75th Leg., ch. 864, Sec. 225, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 851, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter C. Ballots Counted by Automatic Tabulating Equipment › Section 214.050. Counting and Recording Write-in Votes

Sec. 214.050.  COUNTING AND RECORDING WRITE-IN VOTES.  (a)  Write-in votes shall be counted in the manner prescribed by Section 214.002.  One write-in tally list shall be placed in the ballot box with the voted ballots, and one tally list shall be retained by the recount committee.  A member of the committee shall enter the write-in results on the recount returns.
(b)  For a precinct in which a recount of write-in votes is excluded under Section 212.136, a member of the recount committee shall enter on the recount returns the write-in votes as recorded on the original returns.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter C. Ballots Counted by Automatic Tabulating Equipment › Section 214.051. Disposition of Recount Returns

Sec. 214.051.  DISPOSITION OF RECOUNT RETURNS.  (a)  After the recount committee certifies the recount returns for a precinct, a member of the committee shall place the copy of the returns in the ballot box containing the voted ballots and shall deliver the original to the recount committee chair.
(b)  The recount committee chair shall use the returns received from the recount committee in preparing the committee report of the recount.  The chair shall attach the recount returns to the copy of the committee report that is to be delivered to the recount supervisor.  The attached returns are part of the report.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 226, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 214 - Counting Procedures › Subchapter D. Other Voting Systems › Section 214.071. Procedures Prescribed by Secretary of State

Sec. 214.071.  PROCEDURES PRESCRIBED BY SECRETARY OF STATE.  The secretary of state shall prescribe the counting procedures for a recount of votes cast by means of a voting system to which Subchapter B or C does not apply.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 215 - Costs of Recount › Section 215.001. Payment of Costs

Sec. 215.001.  PAYMENT OF COSTS.  (a)  The authority responsible for paying the expenses of an election in which a recount is conducted shall pay the costs of the recount.
(b)  The fund from which a payment is made for a cost that is assessed against a person shall be reimbursed from the money received from that person.
(c)  Claims for compensation of members of a recount committee and other costs incurred by a recount supervisor are payable on certification of the costs by the supervisor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 215 - Costs of Recount › Section 215.002. Assessable Costs

Sec. 215.002.  ASSESSABLE COSTS.  Only the following costs of a recount are assessable against a person:
(1)  compensation of members of a recount committee as provided by Section 213.004;
(2)  charges for use of automatic tabulating equipment as provided by Section 214.044;
(3)  a service charge of $15 for each recount supervisor involved in the recount as a reimbursement to the fund from which the telephone, postage, and other office expenses of the recount supervisor are paid;
(4)  in a recount of an election for which the final canvass is at the state level, a service charge of $15 for each recount supervisor involved in the recount plus an additional $50 as a reimbursement to the fund from which the telephone, postage, and other office expenses of the recount coordinator are paid; and
(5)  the actual expense incurred in producing a printed ballot image from an electronic voting system record.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 20, eff. Oct. 20, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 21, eff. September 1, 2013.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 215 - Costs of Recount › Section 215.003. Assessment of Costs

Sec. 215.003.  ASSESSMENT OF COSTS.  (a)  The costs of a recount for the precincts included in an initial recount petition shall be assessed against the petitioner if the recount in those precincts does not cause a change in the outcome of the election.
(b)  The costs of a recount for the precincts included in an application for a supplementary recount shall be assessed against the applicant if the recount in those precincts does not cause a change in the outcome of the election as indicated by the initial recount.
(c)  The costs of a recount for the precincts included in a petition for an expedited recount shall be assessed against the petitioner if the recount in those precincts does not cause a change in the outcome of the election.
(d)  The costs of a recount for the precincts included in an application for including remaining paper ballot precincts shall be assessed against the applicant if the recount in those precincts does not cause a change in the outcome of the election as indicated by the recount in the precincts included in the recount petition.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 215 - Costs of Recount › Section 215.004. Disposition of Deposit for Costs

Sec. 215.004.  DISPOSITION OF DEPOSIT FOR COSTS.  (a)  If none of the costs of a recount are assessed against a person, the entire deposit shall be returned to the person.
(b)  If any of the costs of a recount are assessed against a person, any of the deposit in excess of the amount of the assessment shall be refunded to the person.
(c)  If the amount of costs assessed against a person exceeds the amount of the person's deposit, the person is liable to the authority responsible for paying the expenses of the election for the amount of the excess.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 215 - Costs of Recount › Section 215.005. Administration of Costs

Sec. 215.005.  ADMINISTRATION OF COSTS.  (a)  The recount coordinator shall determine the allocation of the costs of a recount and dispose of the recount deposits.  The coordinator shall make the disposition as soon as practicable after a recount is completed.
(b)  In a recount of an election for which there is no canvass at the state level, other than a primary election, the recount coordinator shall place the deposit of a person against whom costs are assessed in the fund from which the expenses of the recount are payable.  If the person is entitled to a refund, the authority receiving the deposit shall issue a warrant in the appropriate amount to the person.
(c)  In a recount of an election for which the final canvass is at the state level, other than a primary election, the recount coordinator shall deliver the deposit of a person against whom costs are assessed to the comptroller of public accounts, who shall place the deposit in trust. The comptroller shall issue a warrant in the amount certified by the coordinator to each county in which assessed costs were incurred and to the person for any refund to which the person is entitled.
(d)  The secretary of state shall prescribe procedures for the administration of costs of a recount in a primary election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 6.03, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 215 - Costs of Recount › Section 215.006. Maintaining Record of Costs

Sec. 215.006.  MAINTAINING RECORD OF COSTS.  (a)  A recount supervisor shall maintain records of the assessable recount costs incurred in the supervisor's jurisdiction.
(b)  If more than one person requests a recount of precincts in a recount supervisor's jurisdiction, the records must be maintained to enable a determination of the costs attributable to each person.
(c)  If more than one person requests a recount of precincts that are recounted at the same stage, the recount supervisor may record the costs attributable to each person on the basis of an estimate, taking into account the number of precincts requested by each person, the number of votes cast in each precinct, or any other relevant factor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 215 - Costs of Recount › Section 215.007. Statement of Costs for Coordinator

Sec. 215.007.  STATEMENT OF COSTS FOR COORDINATOR.  (a)  On receiving notice of an assessment of costs against a person from the recount coordinator in a recount of an election for which the final canvass is at the state level, each recount supervisor shall prepare a statement of assessable costs incurred in the supervisor's jurisdiction and deliver the statement to the recount coordinator.
(b)  The costs must be listed separately for the precincts included in each document requesting a recount if precincts in the recount supervisor's jurisdiction were included in more than one document.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 215 - Costs of Recount › Section 215.008. Statement of Costs for Person Assessed

Sec. 215.008.  STATEMENT OF COSTS FOR PERSON ASSESSED.  (a)  The recount coordinator shall prepare a statement of the amount of costs assessed against a person and deliver the statement to the person.  The coordinator shall retain a copy of the statement.
(b)  If the amount of the assessed costs exceeds the amount of the person's deposit, the recount coordinator shall demand payment of the amount of the excess.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 215 - Costs of Recount › Section 215.009. Itemized Statement and Inspection of Records

Sec. 215.009.  ITEMIZED STATEMENT AND INSPECTION OF RECORDS.  (a)  On request of a person against whom recount costs are assessed, the recount coordinator shall furnish to the person an itemized statement of the costs.  The coordinator shall retain a copy of each statement furnished under this subsection for the period for preserving the precinct election records.
(b)  A person against whom recount costs are assessed is entitled to inspect the cost records of each recount supervisor in whose jurisdiction any of the costs accrued.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 215 - Costs of Recount › Section 215.010. Collection of Costs

Sec. 215.010.  COLLECTION OF COSTS.  (a)  If a person is assessed costs in an amount that exceeds the amount of the person's deposit, the recount coordinator shall take appropriate action to obtain payment of the amount owed.
(b)  If an amount owed is unpaid on the 90th day after the date payment is demanded, the recount coordinator shall refer the matter to the appropriate authority for legal action to collect the amount owed.
(c)  On referral of an amount for collection under Subsection (b), the recount coordinator and each recount supervisor involved in the recount shall deliver to the authority to whom the referral is made the originals or copies of documents, records, or other papers in the coordinator's or supervisor's possession that may be relevant to enforcement of the claim.  The coordinator may not deliver the original of a document during the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 227, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 216 - Automatic Recount › Section 216.001. Applicability of Chapter

Sec. 216.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to an election that results in a tie vote as provided by Sections 2.002(i), 2.023(b) and (c), and 2.028.
Added by Acts 2001, 77th Leg., ch. 851, Sec. 3, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 652, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 216 - Automatic Recount › Section 216.002. Conduct of Automatic Recount Generally

Sec. 216.002.  CONDUCT OF AUTOMATIC RECOUNT GENERALLY.  Except as otherwise provided by this chapter, this title, including the notice requirement of Section 213.009, applies to a recount conducted under this chapter with appropriate modifications as prescribed by the secretary of state.
Added by Acts 2001, 77th Leg., ch. 851, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 38, eff. September 1, 2011.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 216 - Automatic Recount › Section 216.003. Initiating Automatic Recount

Sec. 216.003.  INITIATING AUTOMATIC RECOUNT.  For purposes of initiating an automatic recount, the authority designated under Section 212.026 shall order the recount.
Added by Acts 2001, 77th Leg., ch. 851, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 95, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 216 - Automatic Recount › Section 216.004. Counting Procedures

Sec. 216.004.  COUNTING PROCEDURES.  The method of counting votes in an automatic recount is the same method of counting used in the election that resulted in the tie vote.
Added by Acts 2001, 77th Leg., ch. 851, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 13 - Recounts › Chapter 216 - Automatic Recount › Section 216.005. Cost of Automatic Recount

Sec. 216.005.  COST OF AUTOMATIC RECOUNT.  (a)  Subchapter E, Chapter 212, does not apply to an automatic recount.
(b)  The costs of an automatic recount shall be paid by each political subdivision or county executive committee, as applicable, served by a presiding officer designated under Section 213.001.
Added by Acts 2001, 77th Leg., ch. 851, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.001. Applicability of Title

Sec. 221.001.  APPLICABILITY OF TITLE.  This title does not apply to:
(1)  a general or special election for the office of United States senator or United States representative;
(2)  an election on a measure that is for advisory purposes only;  or
(3)  a presidential primary election.
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 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.002. Jurisdiction

Sec. 221.002.  JURISDICTION.  (a)  Except as otherwise provided by this section, the district court has exclusive original jurisdiction of an election contest.
(b)  The senate and the house of representatives, in joint session, have exclusive jurisdiction of a contest of a general election for governor, lieutenant governor, comptroller of public accounts, commissioner of the general land office, or attorney general.
(c)  The senate has exclusive jurisdiction of a contest of a general or special election for state senator.
(d)  The house of representatives has exclusive jurisdiction of a contest of a general or special election for state representative.
(e)  The governor has exclusive jurisdiction of a contest of the election of presidential electors.
(f)  The court of appeals has appellate jurisdiction of contests originating in the district court.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 8, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch.1423, Sec. 6.04, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.003. Scope of Inquiry

Sec. 221.003.  SCOPE OF INQUIRY.  (a)  The tribunal hearing an election contest shall attempt to ascertain whether the outcome of the contested election, as shown by the final canvass, is not the true outcome because:
(1)  illegal votes were counted;  or
(2)  an election officer or other person officially involved in the administration of the election:
(A)  prevented eligible voters from voting;
(B)  failed to count legal votes;  or
(C)  engaged in other fraud or illegal conduct or made a mistake.
(b)  In this title, "illegal vote" means a vote that is not legally countable.
(c)  This section does not limit a provision of this code or another statute expanding the scope of inquiry in an election contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.004. Default Judgment Not Allowed

Sec. 221.004.  DEFAULT JUDGMENT NOT ALLOWED.  A default judgment may not be rendered in an election contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.005. Date of Determination of Official Result of Election

Sec. 221.005.  DATE OF DETERMINATION OF OFFICIAL RESULT OF ELECTION.  Except as provided by Section 242.003, in this title the date the official result of an election is determined is the date the final canvassing authority for the election completes its canvass for the office or measure involved in the contest.  If a new canvass is conducted following a recount, the date of the official result is the date the authority completes its canvass on the basis of the recount.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 7.13, eff. Aug. 28, 1989.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.006. Effect of Contest on Canvass

Sec. 221.006.  EFFECT OF CONTEST ON CANVASS.  Except as otherwise provided by this title, the filing of an election contest before the canvass of the contested election is completed does not affect the canvassing process, and the result of the election shall be determined and certified as if the contest had not been filed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.007. Contestee in Contest Filed Before Final Canvass

Sec. 221.007.  CONTESTEE IN CONTEST FILED BEFORE FINAL CANVASS.  (a)  If a contest is filed before the official result of the contested election is determined, the contestant may name as contestee the person shown by the election returns at the time of filing to be the appropriate contestee as determined under Subtitle B or C.
(b)  If the final canvass reveals that a necessary contestee as determined under Subtitle B or C has not been named, the contestant must name that contestee within the time limit prescribed for filing the petition.  Action taken before the necessary contestee is named shall be set aside if it denies to the contestee any right to which a contestee is entitled.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.008. Examination of Secured Ballots and Equipment

Sec. 221.008.  EXAMINATION OF SECURED BALLOTS AND EQUIPMENT.  A tribunal hearing an election contest may cause secured ballot boxes, voting machines, or other equipment used in the election to be unsecured to determine the correct vote count or any other fact that the tribunal considers pertinent to a fair and just disposition of the contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1078, Sec. 21, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1315, Sec. 55, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 2.17, eff. January 1, 2006.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.009. Compelling Voter to Reveal Vote

Sec. 221.009.  COMPELLING VOTER TO REVEAL VOTE.  (a)  A voter who cast an illegal vote may be compelled, after the illegality has been established to the satisfaction of the tribunal hearing the contest, to disclose the name of the candidate for whom the voter voted or how the voter voted on a measure if the issue is relevant to the election contest.
(b)  If the number of illegal votes is equal to or greater than the number of votes necessary to change the outcome of an election, the tribunal may declare the election void without attempting to determine how individual voters voted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 228, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.010. Secondary Evidence for Unavailable Ballots

Sec. 221.010.  SECONDARY EVIDENCE FOR UNAVAILABLE BALLOTS.  If an examination of ballots is needed in an election contest and the ballots are lost, destroyed, or otherwise beyond the reach of the tribunal, the voters who cast the ballots may testify as to how they voted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.011. Illegal Votes Subtracted

Sec. 221.011.  ILLEGAL VOTES SUBTRACTED.  (a)  If the tribunal hearing an election contest can ascertain the candidate or side of a measure for which an illegal vote was cast, the tribunal shall subtract the vote from the official total for the candidate or side of the measure, as applicable.
(b)  If the tribunal finds that illegal votes were cast but cannot ascertain how the voters voted, the tribunal shall consider those votes in making its judgment.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.012. Tribunal's Action on Contest

Sec. 221.012.  TRIBUNAL'S ACTION ON CONTEST.  (a)  If the tribunal hearing an election contest can ascertain the true outcome of the election, the tribunal shall declare the outcome.
(b)  The tribunal shall declare the election void if it cannot ascertain the true outcome of the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.013. Costs of Contest When Election Declared Void

Sec. 221.013.  COSTS OF CONTEST WHEN ELECTION DECLARED VOID.  (a)  If a contested election is declared void, the tribunal shall assess the costs of the contest equally against the contestant and the contestee unless the tribunal, for good cause stated in the order assessing the costs, determines that they should be assessed otherwise.
(b)  Subsection (a) does not authorize assessment of costs against a contestee who is exempt from payment of costs by this title.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.014. Expenses of New Election Ordered in Election Contest

Sec. 221.014.  EXPENSES OF NEW ELECTION ORDERED IN ELECTION CONTEST.  (a)  Except as provided by Subsections (b) and (c), the expenses of a new election ordered by a tribunal in an election contest are paid from the same fund and by the same authority that paid the expenses of the contested election.
(b)  The county shall pay the expenses of a new election ordered in the contest of a local option election that was financed from money deposited by the applicants for the petition requesting the election.
(c)  In any other case in which petitioners for a contested election were required to make a deposit to be used, conditionally or unconditionally, for paying the election expenses, the district court shall determine the allocation of the expenses of the contested election and new election.
(d)  The secretary of state shall prescribe procedures for payment of the expenses of a court-ordered primary election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 23, eff. September 1, 2009.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.015. Right to Occupy Office Involved in Contest

Sec. 221.015.  RIGHT TO OCCUPY OFFICE INVOLVED IN CONTEST.  (a)  If the official result of a contested election shows that the contestee won, on qualifying as provided by law the contestee is entitled to occupy the office after the beginning of the term for which the election was held, pending the determination of the contest.  If the final judgment does not change the official result, the contestee is entitled to continue in office without again qualifying for the office.
(b)  If a final judgment declaring the contestant elected is rendered after the beginning of the term for which the contested election was held, on qualifying as provided by law the contestant shall assume office as soon as practicable after the judgment becomes final.
(c)  A contestee occupying the office is entitled to the emoluments of the office that accrue during the period of occupancy.  A contestant who gains the office is not entitled to emoluments for any period before the contestant assumes office.
(d)  If the final judgment declares the election void, the vacancy is created as of the later of the date of the judgment or the first day of the term for which the contested election was held.  A person who occupies the office pending the outcome of the new election, either as a constitutional holdover from the prior term or through other law, is entitled to receive the emoluments of office until the successor qualifies for the office after the new election.
(e)  The person elected at the new election must qualify for the office as if no contest had occurred.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 759, Sec. 5, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.016. Preservation of Contest Papers

Sec. 221.016.  PRESERVATION OF CONTEST PAPERS.  (a)  The papers of a contest in the district court shall be preserved under the rules applicable to the papers in a civil suit.
(b)  The papers of a contest in a tribunal other than a court shall be preserved for 10 years after the date the contest is disposed of and shall then be transferred to the state library.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.017. Effect of Statutes Outside Code

Sec. 221.017.  EFFECT OF STATUTES OUTSIDE CODE.  A statute outside this code that relates to contests of a particular type of election supersedes this code to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle A - Introductory Provisions › Chapter 221 - General Provisions › Section 221.018. Examination of Certain Confidential Information

Sec. 221.018.  EXAMINATION OF CERTAIN CONFIDENTIAL INFORMATION.  (a)  Notwithstanding Section 84.0021(b), the tribunal hearing an election contest may examine the information contained in an application under Section 84.0021 relating to the address at which the applicant is registered to vote.
(b)  Information may be examined under this section only for the purpose of hearing an election contest.
Added by Acts 2007, 80th Leg., R.S., Ch. 1295 (S.B. 74), Sec. 9, eff. June 15, 2007.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 231 - Contest in District Court Generally › Section 231.001. Applicability of Subtitle

Sec. 231.001.  APPLICABILITY OF SUBTITLE.  This subtitle applies to an election contest of which the district court has jurisdiction.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 231 - Contest in District Court Generally › Section 231.002. Applicability of Rules Governing Civil Suits

Sec. 231.002.  APPLICABILITY OF RULES GOVERNING CIVIL SUITS.  Except as otherwise provided by this subtitle, the rules governing civil suits in the district court apply to an election contest in the district court.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 231 - Contest in District Court Generally › Section 231.003. Attendance on Legislature Not Ground for Continuance

Sec. 231.003.  ATTENDANCE ON LEGISLATURE NOT GROUND FOR CONTINUANCE.  Intended or actual attendance on a session of the legislature by a party or an attorney for a party to an election contest is not a ground for granting a continuance in the trial of the contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 231 - Contest in District Court Generally › Section 231.004. Disqualification of District Judge

Sec. 231.004.  DISQUALIFICATION OF DISTRICT JUDGE.  (a)  The judge of a judicial district that includes any territory covered by a contested election that is less than statewide is disqualified to preside in the contest.
(b)  If a contest is filed in which a judge is disqualified under Subsection (a), the district clerk shall promptly call the filing to the attention of the judge.  The judge shall promptly request the presiding judge of the administrative judicial region to assign a special judge to preside in the contest.
(c)  A judge who resides in the territory covered by a contested election is not eligible for assignment as a special judge for the contest.
(d)  Subsections (a), (b), and (c) do not apply to a contest of an election for an office of a political party.
(e)  In an election contest in which the district judge is disqualified, until a special judge is assigned to preside over the contest, the presiding judge of the administrative judicial region may take any action regarding the contest that a district judge may take if the contested election is:
(1)  a primary election; or
(2)  an election in which a runoff in the contested race is necessary, according to the official returns, or will be necessary if the contestant prevails.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 7.14, eff. Aug. 28, 1989.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 231 - Contest in District Court Generally › Section 231.005. Jury Trial Not Allowed

Sec. 231.005.  JURY TRIAL NOT ALLOWED.  The district judge shall decide the issues of fact in an election contest without a jury.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 231 - Contest in District Court Generally › Section 231.006. Compelling Production of Election Records and Attendance of Election Officers

Sec. 231.006.  COMPELLING PRODUCTION OF ELECTION RECORDS AND ATTENDANCE OF ELECTION OFFICERS.  The limitation on the distance within which a witness may be compelled to attend the trial of a civil suit does not apply to officers of a contested election or custodians of records, equipment, or supplies of a contested election who are subpoenaed to appear in the contest to give testimony or to produce election records, ballot boxes, or other tangible things.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle B - Contests in District Court › Chapter 231 - Contest in District Court Generally › Section 231.007. Procedures for New Election Generally

Sec. 231.007.  PROCEDURES FOR NEW ELECTION GENERALLY.  (a)  If a judgment in an election contest orders that a new election be held, as soon as practicable after the judgment becomes final, the district court shall set the date for the new election.  In the case of a general or special election, the court shall direct the appropriate authority to order the election for the date set by the court.  In the case of a primary election, the court shall direct the appropriate officers of the political party to hold the election on the date set.
(b)  Except as otherwise provided by this subtitle, the new election shall be held in the same manner as the contested election.
(c)  The district court may set the election for a date that shortens the regular period for early voting, but the date must make it possible for early voting by personal appearance to begin not later than the 10th day before election day.  In the order setting the date for the election, the court shall also set the date for beginning early voting by personal appearance if it is not possible to begin on the regular day.
(d)  In addition to public notice required by law, the district court may require the new election to be publicized in the manner prescribed by the court.
(e)  If a function in the conduct of a new election for an office would normally be performed by an officer who is a party to the contest, the district court may designate another person to perform the function and may fix a reasonable compensation for the service, to be paid as other expenses of the election.
(f)  The district court may shorten the normal period between election day and the date of the official canvass.
(g)  The district court retains jurisdiction of the contest until the new election is completed and may make any orders the court considers necessary to ensure its proper conduct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.70;  Acts 1991, 72nd Leg., ch. 554, Sec. 41, eff. Sept. 1, 1991.