|TO:||County Clerks/Elections Administrators, State & County Chairs|
|FROM:||Ann McGeehan, Director of Elections|
|DATE:||February 26, 2010|
|RE:||Canvass And Recount Filing Deadlines For 2010 Primary Elections & Forms|
State law requires that the county executive committee convene to conduct the canvass on Thursday, March 11, 2010. Tex. Elec. Code Ann § 172.116 (Vernon Supp. 2009). The state chair shall certify the ballot for the runoff immediately following the state canvass which is conducted not later than Sunday, March 14, 2010 for races with 3 or more candidates.
Recount Filing Deadlines
The deadline for requesting a recount when there are two or less candidates is 5:00 p.m. of the 2nd day after the final canvass is actually conducted. Tex. Election Code Ann. § 212.028 (Vernon 2003). For all county and precinct races, the final canvass is the local canvass. For all district (including single county districts) and federal and statewide races, the final canvass is the state canvass except for expedited recounts.
Recount Filing Deadlines – Only Two Candidates in a Race
|County and Precinct Races|
|Local Canvass||Filing Deadline|
|Thursday, March 11th||5:00 p.m. Monday, March 15th*|
*Section 1.006 of the Texas Election Code (the “Code”) extends the deadline to the next regular business day if the deadline falls on a Saturday, Sunday, or legal state or national holiday.
Statewide and District Races
The deadline to request a recount for a statewide or district office is 5:00 p.m. of the second day after the final canvass. The state canvass must be conducted no later than Sunday, March 14, 2010 for all races with potential runoffs (races with 3 or more candidates). The state canvass for the remaining offices must be completed by Wednesday, March 24, 2010.
Recount Filing Deadline – Three Candidates or More in a Race (Expedited)
Special expedited procedures apply for races in which a runoff could be required (any race with more than two candidates). Regardless of whether the race was statewide, district, county, or for a precinct level office, the deadline to file a recount request is 2:00 p.m. of the first day after the local canvass. Id. § 212.083 (Vernon Supp. 2009). The deadline for an expedited recount of state and district offices is determined by the date of the local canvass, not the state canvass. Id. The filing authority for a statewide or district office is the state chair, and for a county or precinct office, the filing authority is the county chair.
|Local Canvass||Filing Deadline|
|Thursday, March 11th||2:00 p.m. Friday, March 12th|
Reminder on Tie Votes and Automatic Recounts: In a race requiring a majority vote, the candidates in a runoff are the “top two” candidates; either the two with the highest and second-highest number of votes, or the two who tie for the highest number of votes. The Code provides that an automatic recount will be conducted in other (rare) circumstances (for example, a three-way tie for highest vote, or a tie for the second-highest vote). Id. § 2.023 (Vernon Supp. 2009). The county or state chair is responsible for requesting the recount, and the recount is conducted according to the same method of counting that was used on election night. Id. §§ 216.003 & 216.004.
For additional information on recounts, such as petition requirements and deposit calculations, please see the recount outline and forms posted on our website. You may also contact our office via telephone or email to request copies.