Texas Recount Laws

Close vote margin required Candidate determines how many/which precincts to recount Specific offices only Texas law distinguishes between three different types of recounts for which a candidate may apply: initial, supplementary, and expedited. An initial recount is the first recount that takes place after a given election for a given office. If the initial recount is partial, and does not cover all votes cast for the office at hand, a supplementary recount may also be requested. Expedited recounts are similar to initial recounts, but proceed at a faster pace, and apply only to select offices. Initial Recount Different requirements and restrictions for initial recounts apply depending on the office in consideration as well as the type of voting system utilized in the requested precinct. Restrictions by office: Initial recounts are available for all candidates except those for whom a majority vote is required for office or for which voters cast votes for more than two candidates for the office. For the latter two categories, candidates may apply for an expedited recount. (See “Expedited Recounts” below for details.) Additionally, there are different requirements for presidential recounts (both in primary and general elections) than for all other offices. Restrictions by voting system and close vote margin requirement: For those precincts in which DREs or optical scan systems are used, any defeated candidate may request a recount without showing grounds and without a close vote margin. See Section 212.0241, “No ground required for electronic voting system recount”: http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm#212.0241. For those precincts using paper ballots, one of three criteria must be fulfilled in order for a candidate to request a recount: 1) The total number of votes received by all candidates must be less than 1,000 votes; or 2) There must be a close vote margin of less than 10% of the votes cast for the apparently nominated or elected candidate; or 3) The Secretary of State must certify that errors occurred during the initial canvass. See Section 212.022, “Obtaining initial recount in election on office”: http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm#212.022. For presidential primaries, only the latter two criteria apply. See Section 212.0231, “Obtaining initial recount in presidential primary election”: http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm#212.0231. For candidates who allege that errors occurred during the initial canvass, they must submit signed affidavits from election judges with their request for a recount. Other candidates must be notified of the petition and are allowed the opportunity to likewise submit affidavits from judges who claim no errors occurred. The Secretary of State is required to evaluate all affidavits, and may not approve the request for a recount “if the facts are disputed or raise unresolved legal questions as to whether counting errors occurred.” See Section 212.034, “Counting errors as ground for recount in paper ballot precincts”: http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm#212.034. For all candidates except for presidential candidates, the candidate may petition for a recount. For presidential candidates in general elections, candidates, electors, or candidates and electors jointly may request the recount. See Section 212.023, “Obtaining initial recount in election for presidential electors”: http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm#212.023. Timing: For initial recounts, petitions must be submitted no later than 5 p.m. the fifth day after the election, or 5 p.m. the second day after the completion of the canvass, whichever is later. See Section 212.028, “Time for submitting petition”: http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm#212.028. Supplementary Recount Supplementary recounts may take place if an initial recount is only a partial recount, and there are precincts for a given office that have not yet been recounted. Restrictions by office: All candidates eligible to apply for an initial recount are eligible to request a supplementary recount (if the other criteria specified below are met). See Section 212.051, “Applicability of Subchapter”: http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm#212.051. Restrictions by voting system: Supplementary recounts take place only for those precincts using paper ballots. See Section 212.052, “Supplementary recount authorized”: http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm#212.052. Candidates are eligible to apply for a supplementary recount if the initial recount demonstrates the existence of counting errors (for which the same process of collecting affidavits applies). They are also eligible if the returns from the initial recount result in a different vote margin. However, there is a different close vote margin requirement depending on how many precincts were counted in the initial recount. See Section 212.053, “Obtaining supplementary recount”: http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm. Close vote margin requirement: If less than 50% of the total vote was recounted in the initial recount, a candidate may apply for the supplementary recount if the recount returns show them to have received less than 10% of the votes cast for the apparent winner. See Section 212.053, Subsection (a). If 50% or more of the total vote, but less than 75%, is recounted, a candidate is eligible to apply for a supplementary recount if the recount returns show them to have received less than 2% of the votes cast for the apparent winner. See Section 212.053, Subsection (b). Timing: For supplementary recounts, the petition must be submitted no later than 5 p.m. the second day after the applicant has received notice of the results of the initial recounts. See Section 212.056, “Time for submitting application,” Subsection (a): http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm#212.056. Expedited Recount Candidates may apply for an expedited recount if a majority vote is required for their office or if voters cast a vote for more than two candidates for the office. The only difference between an expedited recount and an initial recount is the candidates to which it applies and the pace at which it proceeds. The code on expedited recounts states that “a recount under this subchapter is initiated by a petition submitted and processed in accordance with Subchapter B [Initial Recounts].” See Section 212.082, “Recount Petition”: http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm#212.082. Timing: For expedited recounts, the petition submitted before 2 p.m. the third day after the election, or 2 p.m. the first day after the date of the local canvass, whichever is later. See Section 212.083, “Deadline for submitting petition”: http://www.statutes.legis.state.tx.us/Docs/EL/htm/EL.212.htm#212.083.