Texas Election Code Title 13, Chapter 212 - Requesting Recount

SUBCHAPTER A REQUESTING RECOUNT GENERALLY

• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....

SUBCHAPTER B INITIAL RECOUNT

• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 212.028 - Time For Submitting Petition
  (a) Except as provided by Subsection (b), a petition for an initial recount must be submitted by the later of: (1) 5 p.m. of the...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 212.034 - Counting Errors As Ground For Recount In Paper Ballot Precincts
  (a) To obtain a recount on the ground of counting errors in election precincts in which paper ballots were used, a person must attach to...

SUBCHAPTER C SUPPLEMENTARY RECOUNT FOLLOWING PARTIAL RECOUNT IN PAPER BALLOT PRECINCTS

• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 212.055 - Authority To Whom Application Submitted
  A supplementary recount application must be submitted to the recount coordinator. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
• Texas Section 212.056 - Time For Submitting Application
  (a) Except as provided by Subsection (b), a supplementary recount application must be submitted not later than 5 p.m. of the second day after the...

SUBCHAPTER D EXPEDITED RECOUNT

• Texas Section 212.057 - Processing Application
  (a) An application for a supplementary recount is subject to review, amendment, and action by the recount coordinator in the same manner as prescribed by...
• Texas Section 212.081 - Applicability Of Subchapter
  This subchapter applies to a recount in an election on an office in which: (1) a majority vote is required for nomination or election; and...
• Texas Section 212.082 - Recount Petition
  Except as otherwise provided by this subchapter, a recount under this subchapter is initiated by a petition submitted and processed in accordance with Subchapter B....
• Texas Section 212.083 - Deadline For Submitting Petition
  The deadline for submitting a recount petition under this subchapter is the later of: (1) 2 p.m. of the third day after election day; or...
• Texas Section 212.084 - Notice Of Petition Submission
  If the recount coordinator determines that a recount petition does not comply with the applicable requirements but is correctable by amendment, the coordinator shall promptly...
• Texas Section 212.085 - Deadline For Amending Petition
  The deadline for amending a petition under this subchapter is: (1) 10 a.m. of the day after the date notice of defect is received, if...
• Texas Section 212.086 - Application For Including Remaining Paper Ballot Precincts
  Except as otherwise provided by this subchapter, the provisions of Subchapter B governing an application for including remaining paper ballot precincts govern the application in...
• Texas Section 212.087 - Processing Application
  An application for including remaining paper ballot precincts is subject to review, amendment, and action by the recount coordinator in the same manner as a...
• Texas Section 212.088 - Deadline On Saturday, Sunday, Or Holiday
  (a) If the deadline for submitting an expedited recount petition falls on a Saturday, Sunday, or legal state holiday, the deadline is extended to 10...

SUBCHAPTER E DEPOSIT FOR COSTS OF RECOUNT

• Texas Section 212.089 - Days And Hours For Performing Duties
  The recount coordinator, each recount supervisor, and each recount committee involved in an expedited recount shall continue performing their duties on days that are not...
• Texas Section 212.111 - Deposit Required
  (a) A deposit to cover the costs of a recount must accompany the submission of a recount document. (b) The deposit must be in the...
• Texas Section 212.112 - Amount Of Deposit
  The amount of the recount deposit is: (1) $60 for each precinct in which regular paper ballots were used; and (2) $100 for each precinct...

SUBCHAPTER F SCOPE OF RECOUNT

• Texas Section 212.113 - Return Of Deposit
  (a) On rejection of a recount document, the recount coordinator shall return the recount deposit to the person who submitted the document. (b) On the...
• Texas Section 212.131 - Scope Of Initial Recount
  (a) Except as provided by Subsection (d), an initial recount in an election for which there is no canvass at the state level must include...
• Texas Section 212.132 - Scope Of Supplementary Recount
  A supplementary recount must include each remaining election precinct in which paper ballots were used in the election. Acts 1985, 69th Leg., ch. 211, Sec....
• Texas Section 212.133 - Scope Of Expedited Recount
  An expedited recount is governed by Section 212.131. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
• Texas Section 212.134 - Early Voting Votes Treated As Precinct
  (a) Except as provided by Subsection (b), for the purpose of specifying which election precincts are to be included in a recount, all the early...
• Texas Section 212.135 - Votes To Be Recounted
  Except as provided by Section 212.136, all votes cast in the election precincts included in a recount on the office or measure specified by the...
• Texas Section 212.136 - Exclusion Of Certain Votes From Recount In Precincts Using Voting System
  (a) Except as provided by Subsection (c), write-in votes cast in connection with a voting system shall be excluded from a recount of an election...
• Texas Section 212.137 - Objection To Exclusion Of Votes
  (a) The notice of approval of a recount document in which an exclusion of votes is requested under Section 212.136 must include notice that the...

Last modified: September 28, 2016