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Voter Information

Election Advisory No. 2012-11

To: County Clerks/Elections Administrators, State & County Chairs
From: Keith Ingram, Director of Elections
Date: May 24, 2012
RE: Canvass and Recount Filing Deadlines for 2012 Primary Elections & Forms

Canvass Dates

By Federal Court Order, the county executive committee must submit their canvassed returns by noon on Thursday, June 7, 2012. See also Tex. Elec. Code Ann. § 172.116 (Vernon Supp. 2012). The state chair shall certify the ballot for the runoff immediately following the state canvass which is conducted not later than Saturday, June 9, 2012 for races with 3 or more candidates. See also Tex. Elec. Code Ann. §§ 172.120, 172.121 (Vernon Supp. 2012).

Recount Filing Deadlines

The deadline for requesting a recount when there are two or fewer candidates is 5:00 p.m. of the 2nd day after the final canvass is actually conducted. Tex. Election Code Ann. § 212.028 (Vernon 2010). 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
Tuesday, June 5th
Wednesday, June 6th
5:00 p.m. Thursday, June 7th
5:00 p.m. Friday, June 8th

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 Saturday, June 9, 2012 for all races with potential runoffs (races with 3 or more candidates). The state canvass for the remaining offices must be completed by Wednesday, June 20, 2012.

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. 2012). 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
Tuesday, June 5th
Wednesday, June 6th
2:00 p.m. Wednesday, June 6th
2:00 p.m. Thursday, June 7th

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. 2012). 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.

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