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(b) After a recount petition has been withdrawn, the petitioner may not petition again for a recount of that election.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(3) a statement acknowledging that once the petition is withdrawn, the petitioner may not petition again for a recount of that election;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.
Last modified: September 28, 2016