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Election Advisory No. 2014-12

November 4, 2014 Election Law Calendar

The uniform election date in November of even-numbered years, by statute, is the general election date for federal, state, and county officers. Note that counties will also be conducting a constitutional amendment election on November 4, 2014. Additionally, many local political subdivisions have their regular general election for members of their governing bodies in November of even-numbered years, or they may order special elections for this date to vote on propositions or to fill vacancies. Therefore, this calendar is required to meet the needs of many different governmental bodies. If there are questions about the applicability of something in this calendar to your specific election, do not hesitate to call the Elections Division of the Office of the Texas Secretary of State at 1-800-252-VOTE(8683).

Note on Campaign Information

Under Title 15 of the Election Code, candidates must file campaign contribution and expenditure reports. For further information and all questions about such disclosure filings, campaign finance, and political advertising, please contact the Texas Ethics Commission at 201 E. 14th St., 10th Floor, Austin, Texas 78701 (or call 512-463-5800 or visit their website).

Note on Submissions to the U.S. Department of Justice

On June 25, 2013, the United States Supreme Court issued its decision in Shelby County, Alabama v. Holder, No. 12-96, 2013 WL 3184629 (U.S. Jun. 25, 2013). That decision holds that Section 4 of the federal Voting Rights Act of 1965 is unconstitutional and its formula can no longer be used as a basis for subjecting jurisdictions to preclearance. Both the Attorney General of the United States and the Texas Attorney General have indicated that Shelby takes effect immediately. Accordingly, unless and until there is a new law from the United States Congress signed by the President or other court order, the Texas Attorney General has advised the Secretary of State that it is no longer required to submit voting changes to the DOJ for preclearance. We suggest that Texas counties or other Texas political subdivisions discuss the effect of Shelby and the continuing applicability of other provisions of the Voting Rights Act with their legal counsel.

Note on Statutory and Administrative Code References

Unless otherwise indicated, all references are to the Texas Election Code. The “county election officer” may refer to the county clerk, the county elections administrator, or the county tax assessor collector, depending on the actions of county commissioners court. (Secs. 31.031, 31.071, 31.091). The “county voter registrar” may refer to the county clerk, the county elections administrator, or the county tax assessor collector, depending on the actions of county commissioners court. (Secs. 12.031, 31.031, 31.071).

Note on Joint Election Requirement for School Districts

School districts conducting trustee elections must have joint polling places on election day with either (1) a city holding an election on the uniform election day (located wholly or partly within the school district’s boundaries); (2) a public junior college district if it is having an election for members of its governing board in which the school district is wholly or partly located; (3) in limited circumstances, a hospital district; or (4) the county on the November uniform election day in even-numbered years. (Sec. 11.0581, Education Code).

Note on Joint Elections Generally

Many entities will have joint elections for the November 4, 2014 election. Note that the entries in this calendar are generally written in terms of elections held individually rather than jointly. However, we have long advised different entities who conduct early voting together to coordinate their early voting hours, which may result in entities other than cities also holding early voting on two twelve-hour days. On the other hand, depending on the plan, different entities may choose to do certain things separately, e.g., not holding early voting together. Not all joint election plans are alike. With a few exceptions, we do not discuss the impact of coordinating rules for a joint election, as we think this would make the calendar longer and confusing. We encourage joint election partners to read through the entire calendar, taking note of the rules affecting the partner entities and to address the differences within the agreement itself. If you have questions about how different rules apply to a particular joint election plan, please contact our office by phone or email. (Sec. 271.002).

Note on Required Use of County Polling Places

With the exception of districts created under Article III, Section 52, Texas Constitution or Article XVI, Section 59, Texas Constitution and located in a county with a population of more than 3.3 million or a county adjacent to such a county, all political subdivisions holding an election on the November uniform election date MUST use county election precincts and the county polling places. This is the case even when the county has adopted the countywide polling place system; in that case the entity must have a presence in every countywide location in the county, not just the locations physically within the territory of the political subdivision. (Secs. 42.002; 43.007(e)).

NOTE: Usually a county may consolidate precincts for a constitutional amendment election. However, as this election is being held on the date of the general election for state and county officers, no consolidation of county election precincts may occur. (Secs. 42.002(b); 42.008).

NEW LAW: In an election held by a political subdivision other than a county on the November uniform election date, and in which the political subdivision is not holding a joint election with a county, or has not executed a contract with a county elections officer under which the political subdivision and the county share early voting polling places for the election, the political subdivision must designate as one of its own early voting sites one of the early voting sites established by the county (other than a movable site established under Section 85.062(e) of the Code) that is located in the political subdivision. If such a shared polling place is designated as the main early voting polling place by the political subdivision, it must be open for voting for all political subdivisions the polling place serves for at least the days and hours required of a main early voting polling place for the political subdivision making the designation. [Sec. 85.010, as created by House Bill 506, 2013 Legislative Session, and Secs. 85.002, 85.062(e)].

Note on Notice of Filing Period

The authority with whom an application for a place on the ballot is filed must post a notice of the filing period dates in a building in which the authority maintains an office. The notice must be posted not later than the 30th day before the first day to file. (Sec. 141.040). If you order a special election to fill a vacancy, the order must include the filing deadline; we recommend posting the notice of the filing period as soon as practicable after a special election is ordered. The Notice of Deadline to File Applications for Place on the Ballot (PDF) form may be found on our website.

For political subdivisions that do not have a “first day” to file, post the notice the 30th day before the last day on which a candidate may file the application (if the Election Code does not designate a first day on which the candidate may file the application). (Sec. 141.040, House Bill 2817 (2011)).

Senate Bill 910 (2013) amended Section 144.005 to provide a “first day to file” for political subdivisions that do not have a statutory first day to file. An application may not be filed earlier than the 30th day before the date of the filing deadline, even in the case of a conflicting statute outside of the Election Code. (Sec. 144.005, Senate Bill 910 (2013)).

Note on Notice of Elections

Except as provided below, notice of an election must be given by any one or more of the following methods:

1. By posting a notice in a public place in each election precinct in which the election is to be held on or before the 21st day before the election, Tuesday, October 14, 2014. (Sec. 4.003(a)(2)).

2. By publishing the notice in a newspaper in the territory covered by the election at least once between the 30th day and the 10th day before the election, Sunday, October 5, 2014— Monday, October 27, 2014. (Secs. 1.006; 4.003(a)(1)).*

3. By mailing a copy of the notice to each registered voter of the territory covered by the election, not later than the 10th day before election day, Monday, October 27, 2014. (Secs. 1.006; 4.003(a)(3)).*

* Since the 10th day before election day falls on a Saturday, the deadline is extended to the next regular business day, which is Monday, October 27, 2014.

This notice must include:

1. The type and date of the election;
2. The location of each polling place;
3. The hours the polls will be open;
4. The location of the main early voting polling place;
5. The regular dates and hours for early voting by personal appearance;
6. The dates and hours of any Saturday or Sunday early voting, if any; and
7. The early voting clerk’s mailing address.

Notice for Bond Elections: Entities holding bond elections must provide additional notice per Section 4.003(f) added by SB 637 (83rd Legislature, 2013, RS). A debt obligation order under Section 3.009 must be posted:

1. On election day and during early voting by personal appearance, in a prominent location at each polling place.
2. Not later than the 21st day before the election, in three public places in the boundaries of the political subdivision holding the election.
3. During the 21 days before the election, on the political subdivision's Internet website, prominently and together with the notice of the election and the contents of the proposition, if the political subdivision maintains an Internet website.

Notice for Counties, School Districts, and Cities: Counties, school districts, and cities are required to publish their notice in a newspaper in accordance with Section 4.003(a)(1) (See B, above) and may also give any additional notice. (Sec. 4.003(c)). Counties, school districts, and cities must also post notice on the governmental bulletin board used for posting notice of public meetings, no later than Tuesday, October 14, 2014. (Sec. 4.003(b)).

Notice for State Constitutional Amendment Election: Since the commissioners court does not order this election (the Governor orders it), your county must post notice of the constitutional amendment election on the commissioners court bulletin board and must also provide notice under one of the methods authorized under A, B, or C above. (Secs. 4.002(1), 4.003(b)).

Notice for Political Subdivisions other than Counties, School Districts, and Cities: Political subdivisions other than counties, school districts, and cities may have specific statutory election notice requirements either in their enabling acts or in the Code governing them (such as the Water Code). In the absence of specific statutory requirements, such political subdivisions must post a copy of the notice on or before the 21st day before the election (i.e., Tuesday, October 14, 2014) on the bulletin board used for posting notices of the meetings of the governing body of the political subdivision. (Sec. 4.003(b)).

Notice for Home Rule Charter Cities: Home-rule cities MUST also give notice as provided in their charters.

Notice for All Political Subdivisions, Except Counties: The governing body of a political subdivision must deliver notice of the election to the county election officer and voter registrar of each county in which the political subdivision is located not later than the 60th day before election day, Friday, September 5, 2014. (Sec. 4.008(a)). In the case of the governing body of a school district ordering a tax rollback election, notice of such election must be delivered to the county election officer of each county in which the school district is located not later than the 30th day before election day. (Sec. 4.008(b)).

Note on Extended Early Voting Hours and Branch Location

Note for Cities: Cities must choose two weekdays to conduct extended early voting for 12 hours during the regular early voting period. The city council must choose the two weekdays. (Secs. 85.001(a) and 85.005(d)). The city secretary may also order early voting on a Saturday or Sunday, and determine the hours for such Saturday or Sunday early voting. This must be done by written order. (Sec. 85.006(b), (c)). Notice of Saturday or Sunday early voting must be posted for at least 72 hours immediately preceding the first hour that voting will be conducted. (Sec. 85.007(b)). The city secretary must have early voting on a Saturday or Sunday, if a written request is received from at least 15 registered voters of the city in time to comply with the posting requirement. (Sec. 85.006(d)).

Note for Counties: The county election officer may also order early voting on a Saturday or Sunday, and determine the hours for such Saturday or Sunday early voting. This must be done by written order. (Sec. 85.006(b), (c)). Notice of Saturday or Sunday early voting must be posted for at least 72 hours immediately preceding the first hour that voting will be conducted. (Sec. 85.007(b)).

Note for Political Subdivisions, Except Counties and Cities: The authority ordering an election may order early voting at the main early voting location to be conducted on one or more Saturdays or Sundays and at times of its discretion during the early voting period. If at least 15 registered voters of the territory submit a written request, the authority must order early voting at the main early voting location to be conducted on at least one Saturday if a Saturday is requested and on least one Sunday if a Sunday is requested. The request must be submitted in time to be included in the order and notice of election. (Secs. 85.006; 85.007).

Note for Counties with Population of 100,000 or more: Early voting in the general election for state and county officers must be conducted at the main early voting location: (1) for at least 12 hours on each weekday of the last week of the early voting period, (2) for at least 12 hours on the last Saturday of the early voting period, and (3) for at least 5 hours on the last Sunday of the early voting period. (Secs. 85.005(c); 85.006(e)).

Note for Counties with Population of less than 100,000: Early voting in the general election for state and county officers must be conducted at the main early voting location on the weekdays of the early voting period and during the hours that the county clerk’s main office’s business hours. (Sec. 85.005(a)) However, upon receipt of a written request by at least 15 registered voters of the county for extended hours to the early voting clerk, early voting in a general election for state and county officers must be conducted at the main early voting location for at least 12 hours on each weekday of the last week of the early voting period. (Sec. 85.005(c)).

Saturdays and Sundays: Counties with a population under 100,000 are not required to conduct early voting on Saturday or Sunday, but the authority ordering the election may order early voting by personal appearance, or the county clerk may order weekend hours via written order. (Secs. 85.006(a); 85.006(b)) Also, if the early voting clerk receives a written request by at least 15 registered voters of the county, early voting in a general election for state and county officers must be conducted at the main early voting location for at (1) least 12 hours on the last Saturday of the early voting period, and (2) for at least 5 hours on the last Sunday of the early voting period. (Secs. 85.005(c); 85.006(e)).

The request for extended weekday hours must be received before the fifth day before the start of early voting (Secs. 85.005(c) and 85.067(c)), and the request for Saturday and Sunday hours must be received in time for the early voting clerk to comply with the 72-hour posting requirement before the start of early voting. (Secs. 85.006(e) and 85.007(c)).

Note about branch early voting in the November General Election for state and county officers: The commissioners court:

(1) in a county with a population of 400,000 or more, must establish one or more temporary polling places, other than the main early voting polling place, in each state representative district containing territory covered by the election. The temporary polling place(s) must remain open the same days as the main early voting polling place, but the commissioners court determines the hours during which voting is to be conducted, unless a written request signed by 15 registered voters requesting the same number of hours as the main polling place is timely filed with the commissioners court;

(2) in a county with a population of 120,000 or more but less than 400,000, must establish one or more temporary polling places, other than the main early voting polling place, in each commissioners precinct containing territory covered by the election. The temporary polling place(s) must remain open the same days as the main early voting polling place, but the commissioners court determines the hours during which voting is to be conducted, unless a written request signed by 15 registered voters requesting the same number of hours as the main polling place is timely filed with the commissioners court; or

(3) in a county with a population of 100,000 or more but less than 120,000, must establish one or more early voting polling places in each commissioners court precinct for which the commissioners court receives a timely filed written request by at least 15 registered voters of that precinct. The temporary polling place(s) must remain open the same days as the main early voting polling place, but the commissioners court determines the hours during which voting is to be conducted, unless a written request signed by 15 registered voters requesting the same number of hours as the main polling place is timely filed with the commissioners court. (Secs. 85.062; 85.064; 85.065).

Note: If a county has a population under 100,000, the location, days, and hours of temporary branch locations may be established only by the commissioners court. No petition process is available. (Sec. 85.065).

Note: A temporary branch polling place that is “movable” may be established only with the approval of the county clerk. If a movable temporary branch polling place is established on the request of a political party, each other political party whose nominee for Governor in the most recent gubernatorial general election received more than 10 percent of the total number of votes received by all candidates for Governor in the 2010 election, is entitled to the establishment of such a polling place. The election officers serving a polling place covered by this subsection must be appointed from the list submitted by the county chairs to the early voting clerk.

Note: In a countywide election, the total number of permanent branch polling places and temporary branch polling places open for voting at the same time in a commissioners precinct may not exceed twice the number of permanent branch and temporary branch polling places open at that time in another commissioners precinct. (Sec. 85.062(f)).

Note on Notice of Polling Place Change

Notice of Change of Polling Place Location: For elections ordered by the Governor or county judge only, if the location of the polling place changes after notice has been given under Section 4.003, and the county elections officer maintains a website to inform voters about elections, the notice of the change must be posted on the website. The notice on the website must be given not later than the earlier of 24 hours after the location was changed or 72 hours before the polls open on election day. (Sec. 43.061). If the county elections officer is conducting a legislative vacancy election, the candidates listed on the ballot are entitled to receive notice directly from the county judge.

Notice of Previous Polling Place: If a different polling place is being used from the previous election held by the same authority, notice must be posted at the entrance of the previous polling place informing voters of the current polling place location, if possible. (Sec. 43.062).

Note on Testing Tabulating Equipment

The automatic tabulating equipment used for counting ballots at a central counting station must be tested three times for each election. We recommend you test the equipment as soon as possible; however, the first test must be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in the election. The second test shall be conducted immediately before the counting of ballots with the equipment begins. The third test must be conducted immediately after the counting of ballots with the equipment is completed. (Sec. 127.093). Please note that the custodian of the automatic tabulating equipment must publish notice of the date, hour, and place of the first test in a newspaper at least 48 hours before the date of the test.

The automatic tabulating equipment may not be used to count ballots voted in the election until a test is successful.

For more information on testing tabulating equipment used at the central counting station, please see Chapter 127, Subchapter D of the Election Code and Tex. Secretary of State Election Advisory No. 2014-06.

See Chapter 129, Subchapter B of the Election Code and Tex. Secretary of State Election Advisory No. 2012-03 for other types of testing such as functionality tests, logic and accuracy tests, tests for central accumulators, etc. Also see Tex. Secretary of State Election Advisory Nos. 2011-17, 2011-18, and 2011-19 pertaining to voting system equipment access, security and preservation, and chain of custody.

Calendar of Events

Thursday, May 8, 2014 (180th day before election day)

First day to accept applications for state write-in ballots for the November 4, 2014 election. (Sec. 105.002).

Monday, June 16, 2014 (20th day after runoff primary election day)
First day of new term for political party county and precinct chairs elected in the March 4, 2014 Primary Election. (Sec. 171.022)

Thursday, June 19, 2014 (30th day before Saturday, July 19, 2014, “first day to file”)
For Cities, Schools and Other Political Subdivisions: Deadline to post notice of the filing period dates in a building in which the authority maintains an office. The notice must be posted not later than the 30th day before the first day to file. (Sec. 141.040).

NEW LAW: Senate Bill 910 (2013, RS) amended § 144.005 to provide a “first day to file” for other political subdivisions. An application may not be filed earlier than the 30th day before the date of the filing deadline. See also entry at Saturday, July 19, 2014.

Thursday, June 26, 2014 (30th day after Runoff Primary Election Day)
5:00 p.m. — Filing deadline for independent candidate’s application for place on ballot (PDF) and petition (PDF) for the November General Election for state and county officers. (Sec. 142.006).

Monday, June 30, 2014 (last day “before July”)
In a county with a population of over 500,000, deadline for party chairs to submit to county commissioners court list of eligible persons for precinct presiding election and alternate presiding judges for appointments, as well as for presiding and alternate presiding judges of central counting station for appointments for the November General Election for state and county officers. (Secs. 32.002(a)(1), (c); 127.005(e)).
Deadline for party chairs to submit to county election officer the list of eligible persons to serve as election officers for the main and any branch early voting location for the November General Election for state and county officers. (Sec. 85.009).
Recommended date that party chairs in a county with a population of over 500,000 submit to the county election board a list of names of eligible persons to serve on the early voting ballot board for the November General Election for state and county officers. (Sec. 87.002(c), (d)). NOTE: This is not a deadline; just a recommendation.

Note: A signature verification committee may be appointed at a later date. (Sec. 87.027).

Political Subdivisions Other than Counties:See entry under August 25, 2014 for recommended date to appoint your presiding election judges.
July 2014 Term

In a county with a population of over 500,000, county commissioners court makes appointments for presiding election and alternate presiding judges, as well as for presiding and alternate presiding judges of central counting station, from lists submitted by party chairs. (Secs. 32.002(a)(1), (c); 127.005(e)). Notice of Appointment (PDF) must be given not later than 20 days after the appointment was made. (Sec. 32.009).

Note: A signature verification committee may be appointed at a later date. (Sec. 87.027).
Recommended date that commissioners court (in a county with a population of over 500,000) appoint central counting station manager, tabulation supervisor, and assistants to the tabulation supervisor if it has established a central counting station. (Secs. 127.001; 127.002; 127.003; 127.004). NOTE: This is not a deadline; just a recommendation.

Tuesday, July 1, 2014 – Wednesday, October 1, 2014
Recommended time frame for the county election board in a county with a population of over 500,000 to appoint the members to the early voting ballot board for the November General Election for state and county officers. (Sec. 87.002(c), (d)). Section 87.002(c) of the Election Code does not provide a deadline for the county election board to make such appointments. NOTE: This is not a deadline; just a recommendation. October 1 is the recommended deadline because of various notice requirements.

Saturday, July 19, 2014 (30th day before Monday, August 18, 2014)
First day to file a declaration of write-in candidacy (PDF) and accompanying filing fee or petition (PDF) in lieu of filing fee with the county judge or Secretary of State, as applicable, for the November General Election for state and county officers. (Secs. 146.023; 146.0231; 146.0232; 146.025(a); 172.024; 172.025).

Political Subdivisions Other Than Counties: First day to file an application for a place on the ballot. (Secs. 144.005 & 143.007 Election Code, Secs. 11.055 & 130.082(g) Educ. Code.) NEW LAW: Senate Bill 910 amended § 144.005 to provide a “first day to file” for other political subdivisions. An application may not be filed earlier than the 30th day before the date of the filing deadline, even in the case of a conflicting statute outside of the Election Code. The following forms are available on the Secretary of State’s website:
-Application for Place on City Ballot (PDF)
-Application for Place on School Ballot (PDF)
-Application for Place on Other Political Subdivision Ballot (PDF)

Note: The Elections Division is often asked how filing can begin if you have not yet ordered the general election. You do not need to have ordered your general (regularly occurring) election in order for the filing period to begin.

Note to School Districts: Most if not all of the candidate filing periods will occur during the summer break. The Elections Division recommends that you take steps to have someone available for a few hours most days during the candidate filing period to accept filings, and that you post a schedule on your website and on the bulletin board where notices of school board meetings are posted of the days and times when someone will be available to accept filings. The Elections Division strongly recommends having someone available at the place of business on the filing deadline, especially from 2:00 p.m. to 5:00 p.m., if you are otherwise closed. This guideline is based on the office-hour rule under Section 31.122, Election Code.

Thursday, July 31, 2014 (last day “before August”)
In a county with a population of 500,000 or less, deadline for party chairs to submit to county commissioners court list of eligible persons for precinct presiding election and alternate presiding judges for appointments, as well as for presiding and alternate presiding judges of central counting station for appointments for the November General Election for state and county officers. (Secs. 32.002(a)(2), (c); 127.005(e)).
Recommended date that party chairs in a county with a population of 500,000 or less submit to the county election board a list of names of eligible persons to serve on the early voting ballot board for the November General Election for state and county officers. (Sec. 87.002(c), (d)). NOTE: This is not a deadline; just a recommendation.

Note: A signature verification committee may be appointed at a later date. (Sec. 87.027).
Recommended date that county election officials and local political subdivisions meet to discuss conducting elections at the same polling locations pursuant to Sections 42.002 & 42.0621, as well as any applicable joint election issues needed to be agreed upon. NOTE: This is not a deadline; just a recommendation.

August 2014 Term

In a county with a population of 500,000 or less, county commissioners court makes appointments for presiding election and alternate presiding judges, as well as for presiding and alternate presiding judges of central counting station, from lists submitted by party chairs. (Secs. 32.002(a)(2), (c); 127.005(e)). Notice of Appointment (PDF) must be given not later than 20 days after the appointment was made. (Sec. 32.009).

Note: A signature verification committee may be appointed at a later date. (Sec. 87.027).
Recommended date that commissioners court (in a county with a population of 500,000 or less) appoint central counting station manager, tabulation supervisor, and assistants to the tabulation supervisor if it has established a central counting station. (Secs. 127.001; 127.002; 127.003; 127.004). NOTE: This is not a deadline; just a recommendation.

Friday, August 1, 2014 – Wednesday, October 1, 2014

Recommended time frame for the county election board in a county with a population of 500,000 or less to appoint the members to the early voting ballot board for the November General Election for state and county officers. (Sec. 87.002(c), (d)). Section 87.002(c) of the Election Code does not provide a deadline for the county election board to make such appointments. NOTE: This is not a deadline; just a recommendation. October 1 is the recommended deadline because of various notice requirements.

Wednesday, August 6, 2014 (90th day before election day)

Last day for eligible political subdivisions to submit a notice of exemption (PDF) or an application of undue burden status (PDF) to the Secretary of State for an exemption from the accessible voting system requirement. (Sec. 61.013). Please remember that the exemption is not available to a political subdivision holding its election jointly with another election in which a federal office appears on the ballot. For additional information, consult the Voting Accessibility Issue Memorandum on this topic.

Friday, August 15, 2014 (81st day before election day, day before 2nd day before filing deadline)

Political Subdivisions Other Than Counties: If a candidate dies on or before this date, his or her name is not placed on the ballot, if the filing deadline is Monday, August 18, 2014. (Sec. 145.094(a)(1)).

Monday, August 18, 2014(78th day before election day)

Political Subdivisions Other Than Counties: 5:00 p.m. — Deadline for a candidate in a political subdivision (other than a county) to file application for a place on the ballot for a general election, except as otherwise provided by the Election Code. (Secs. 143.007(c)(1) & 144.005(d)(1), Election Code; Sec.11.055(c), Education Code. See Candidacy Filing outline for more details.

Certain Political Subdivisions Other Than Counties and Cities: 5:00 p.m. — Last day to file as a write-in candidate in an election for certain political subdivisions that are not counties and that do not follow the write-in deadline applicable to cities (Sec. 144.006(b)). Note thatmost (non-county) local entities are under the 74th day rule applicable to cities; see entry at August 22, 2014.

Note: For future reference, please note that this deadline (78th day before election day) is not the same for elections held on the May uniform election date or on the November uniform election date in an odd-numbered year. See Candidacy Filing outline for more details.

Counties: 5:00 p.m. — Last day of regular filing period for write-in candidate’s declaration of write-in candidacy (PDF) for the November General Election for state and county officers. (Sec. 146.025(a)).

Political Subdivisions Other Than Counties: Last day to order a special election to fill a vacancy (if authorized to fill vacancies by special election) to be held on the date of the November General Election for state and county officers. An application may not be filed before the special election is ordered, and in addition to the information stated below, the order must state the filing deadline. (Secs. 201.051(b); 201.054(c), (d)).

Last day for all political subdivisions to order an election, including an election on a measure, to be held on the date of the November General Election for state and county officers. (Sec. 3.005(c)).

NOTE: The Governor orders the state constitutional amendment election.

The order must include (Secs. 3.006; 83.010; 85.004 & 85.007(a)):

1. The date of the election;
2. The offices or measures to be voted on;
3. The location of the main early voting polling place;
4. The dates and hours for early voting (it is only recommended that this information be included in the order for counties and cities, but it is required to be included for all other entities);
5. The dates and hours for any Saturday and Sunday early voting (if applicable, it is only recommended that this information be included in the order for counties and cities, but it is required to be included for all other entities); and
6. The early voting clerk’s official mailing address (it is only recommended that this information be included in the order for counties and cities, but it is required to be included in the order for all other entities).

NOTE: We recommend that the order also include the location of branch early voting polling places (this information is not required to be in the order).

An order for a debt obligation (bond) election must include (Sec. 3.009):

1. the proposition language that will appear on the ballot;
2. the purpose for which the debt obligations are to be authorized;
3. the principal amount of the debt obligations to be authorized;
4. that taxes sufficient to pay the annual principal of and interest on the debt obligations may be imposed;
5. a statement of the estimated tax rate if the debt obligations are authorized or of the maximum interest rate of the debt obligations or any series of the debt obligations, based on the market conditions at the time of the election order;
6. the maximum maturity date of the debt obligations to be authorized or that the debt obligations may be issued to mature over a specified number of years not to exceed 40;
7. the aggregate amount of the outstanding principal of the political subdivision's debt obligations as of the beginning of the political subdivision's fiscal year in which the election is ordered;
8. the aggregate amount of the outstanding interest on debt obligations of the political subdivision as of the beginning of the political subdivision's fiscal year in which the election is ordered; and
9. the ad valorem debt service tax rate for the political subdivision at the time the election is ordered, expressed as an amount per $100 valuation of taxable property

Thursday, August 21, 2014 (75th day before election day, 4th day before recommended ballot drawing date)

Political Subdivisions Other Than Counties: 5:00 p.m. — Last day to file an application for a place on the ballot in a special election to fill a vacancy to be held on the date of the November General Election for state and county officers. (Sec. 201.054(f)). Note: For future reference, please note that this deadline is not the same for elections held on the May uniform election date or on the November uniform election date in an odd-numbered year.

For an election held by political subdivision other than a county or city, the authority conducting the ballot position drawing shall mail written notice of the date, hour, and place of the drawing to candidates by this date if the drawing is to be conducted on Monday, August 25, 2014, as recommended. (Sec. 52.094(d)). Candidates who have not filed by this date should be given a copy of the notice at the time they file.

For an election held at county expense or a city election, on receipt of a candidate’s written request accompanied by a stamped, self-addressed envelope, the authority conducting the ballot position drawing shall mail written notice of the date, hour, and place of the drawing to the candidate. We recommend sending such notices by this date, if drawing is to be conducted on Monday, August 25, 2014, as recommended. (Sec. 52.094(d)).

Friday, August 22, 2014 (74th day before election day)

Most Political Subdivisions Other Than Counties: 5:00 p.m. — Last day to file as a write-in candidate in a general election of a political subdivision governed by the write-in deadline applicable to cities. (Sec. 146.054(b)(1)). This means this is the deadline for write-in candidates to file declarations of write-in candidacy for regular (full-term) officers for city, school district, library district, junior college district, hospital district, common school districts, and Chapter 36, 49, and 63 Water Code districts. (Secs. 144.006; 146.054; 146.055 & 146.083 Election Code; Secs. 11.056; 11.304 & 130.0825, Education Code; Secs. 326.0431 & 326.0432, Local Government Code; Sec. 285.131, Health and Safety Code; and Secs. 36.059; 49.101 & 63.0945, Water Code). Note: For future reference, please note that this deadline is not the same for elections held on the May uniform election date or on the November uniform election date in an odd-numbered year. See Candidacy Filing outline for more details.

Note to Political Subdivisions Other Than Counties: If you plan on holding your ballot position drawing on Monday, August 25, 2014, then your notice (PDF) of such drawing should be posted today. The notice must be posted for 72 hours immediately preceding the time of the drawing. (Sec. 52.094(c)).

Counties: Deadline for a party nominee or independent candidate in the November General Election for state and county officers to withdraw from the election. (Secs. 145.032; 145.062).

Note: Withdrawal request submitted by mail must be received by appropriate authority by this date. (Sec. 145.001(c)). A withdrawal request must also be sworn, and candidates may use the Certificate of Withdrawal (PDF). (Sec. 145.001(b)).

Counties: Last day on which death, declaration of ineligibility, or withdrawal of a party nominee or an independent candidate for the November General Election for state and county officers causes an omission of the candidate’s name from the ballot. (Secs. 145.035; 145.064).

If a vacancy occurs on or before this date in a state, district, or county office not regularly scheduled for election in 2014, due to death, resignation, or removal of the officeholder, the unexpired term of the office shall be placed on the November 4, 2014 election ballot. (Sec. 202.002(a)).

Note: If a vacancy in a state, district, or county office occurs after the 74th day before a November General Election day, an election for an unexpired term may not be held at that general election. The appointment to fill the vacancy continues until the next succeeding general election and until a successor has been elected and has qualified for the office. Also, depending on the effective date of the vacancy, the office may also be voted on in the next succeeding primary election. (Secs. 202.002(b); 202.004).

Monday, August 25, 2014 (71st day before election day)

Political Subdivisions Other Than Counties: The Elections Division recommends that you hold your ballot position drawing no later than today to determine the order of candidates’ names on the ballot (Sec. 52.094) and that you certify today to the county election officer the offices, propositions (in all necessary languages), and candidates’ names (including the order) as they are to appear on the ballot, if you are contracting to have the county conduct your election or if you are conducting a joint election with the county.

Note: Ballot position for theNovember General Election for state and county officers is determined by Sections 52.091 and 52.092, Election Code.

Political Subdivisions Other Than Counties: 5:00 p.m. — Last day for a candidate in an election of a political subdivision (other than a county) to be declared ineligible or withdraw and have the candidate’s name removed from the ballot. (Secs. 145.092(f); 145.094(a)(4); 145.096(a)(4)).

Counties: 5:00 p.m. — Deadline for party chair to deliver replacement nominee or nominee to fill vacancy in an unexpired term to the appropriate officer (for a vacancy in an office that would not normally be on the 2014 ballot and that occurred after December 4, 2013 and before August 22, 2014). (Secs. 1.006; 145.036; 145.037(e); 171.022; 201.022; 202.006.)

See Texas Sec’y of State Advisory No. 2013-18 for further information on this deadline and related procedures.

Recommended date to order the lists of registered voters from the county voter registrar. The list should include both the voters’ residences and mailing addresses in order to conduct early voting by mail. (Sec. 18.006).

Recommended date to order election supplies, other than ballots. (Sec. 51.003).

Recommended date to confirm telephone number for the county voter registrar’s office on election day.

Appointment of Election Officials for Political Subdivisions Other Than Counties: Recommended date to appoint precinct and central counting station presiding and alternate judges, the presiding judge of the early voting ballot board, and if a central counting station has been established, a central counting station manager, tabulation supervisor, and, if necessary, assistants to the tabulation supervisor. Currently, the Election Code does not establish a deadline for appointing election officials; there is only a notification deadline. For further information concerning procedures for appointing judges and their alternates and central counting station personnel, see Sections 32.005; 32.008; 32.011; 87.002; 127.002; 127.003; 127.004; 127.005 and 127.006, Election Code. General eligibility requirements are found in Subchapter C, Chapter 32. In addition to appointing a judge and alternate judge for each election precinct pursuant to Sections 32.001 and 32.005, Election Code, the governing body must allow the judge to appoint no less than two clerks; however, the alternate judge must serve as one of the clerks as a matter of law. The presiding judge then appoints an additional clerk(s), but not more than the maximum set by the governing body. (Sec. 32.033). Presiding judges and their alternates must be given notice (PDF) of their appointments not later than the 20th day after the appointment is made. (Sec. 32.009). This notice (PDF) may be combined with the writ of election (PDF) pursuant to Section 32.009, Election Code, which is required in accordance with Section 4.007, Election Code, to be delivered to each presiding judge not later than the 15th day before the election, Monday, October 20, 2014. If the notices are combined, both must be delivered by the date required in the earlier notice.

Note: If you are conducting a joint election with the county, please be advised that the Election Code places many requirements on the people who must be appointed by the county to work in the November General Election for state and county officers. See Sections 32.002 and 32.034, Election Code.

Cancellation for Political Subdivisions Other Than Counties: Recommended first day that an election may be cancelled IF all filing deadlines have passed, each candidate for an office listed on the ballot is unopposed (except as discussed below), and write-in votes may be counted only for names appearing on a list of write-in candidates. (The Certification of Unopposed Candidates for Other Political Subdivisions (PDF) may be used to certify candidates as unopposed. Also, see our Sample Order of Cancellation (PDF).) A special election of a political subdivision is considered to be a separate election with a separate ballot from a general election for officers of the same political subdivision held at the same time as the special election. Therefore, the fact that there may be a proposition on the ballot will not prevent a cancellation of an election for candidates who are unopposed. (Sec. 2.051(a)). If any members of the political subdivision’s governing body are elected from territorial units, such as single member districts, an election may be cancelled in a particular territorial unit if each candidate for an office that is to appear on the ballot in that territorial unit is unopposed and no opposed at-large race is to appear on the ballot. An unopposed at-large race may be cancelled in an election regardless of whether an opposed race is to appear on the ballot in a particular territorial unit. (Sec. 2.051(b)). This recommended cancellation deadline assumes a regular filing deadline of Monday, August 18, 2014 and a write-in deadline of either the 78th day or 74th day before election day).

Recommended first day that a special election to fill a vacancy may be cancelled IF all the filing deadlines have passed and each candidate whose name is to appear on the ballot is unopposed. (Sec. 2.052). Please note that this recommended date presumes a filing deadline in the special election of the 75th day before election day (and a write-in deadline of either the 78th day or the 74th day).

For additional information, consult the outline on Cancellation of Election for Local Political Subdivisions.

Thursday, August 28, 2014 (68th day before election day)
Deadline for Secretary of State (federal, state and district offices) and county judge (countywide and precinct offices) to certify names of independent and declared write-in candidates to county election officer for placement on the November 4, 2014 ballot. (Secs. 142.010; 146.029(c)).
Deadline for Secretary of State to certify to county election officer names of all party nominees for statewide and district offices for placement on November 4, 2014 ballot. (Sec. 161.008).

Friday, August 29, 2014 (67th day before election day)
5:00 p.m. — Last day to withdraw as a write-in candidate for all candidates. (Sec. 146.0301). (Candidates may use the Certificate of Withdrawal (PDF).) Note: this is the deadline for write-in candidates in the General Election for State and County Officers; this deadline is applied to local political subdivisions in the absence of any other deadline.

Wednesday, September 3, 2014 (62nd day before election day)

Proofing and Testing: The Elections Division recommends that you proof and test your ballot programming as soon as possible and prior to the deadline to mail a ballot if the county will be using automatic tabulating equipment to count the mail ballots or if your mail ballots are printed from the same database used to program your precinct scanners and/or DREs. It is important to allow adequate time to proof the ballot(s) and test the automatic tabulating equipment that will be used to count the mail ballots in the event an error is found and the ballot programming has to be corrected. Remember that a notice (PDF) of the first automated tabulation test or logic and accuracy test must be published no later than 48 hours before such testing. New Recommendation: The Elections Division also recommends that you provide candidates with copies of ballot proofs so that candidates may verify the correctness of their names and positions sought.

Friday, September 5, 2014 (60th day before election day)

First day to accept regular applications (PDF) (Español (PDF)) for early voting ballots by mail for any November 4, 2014 election. (Sec. 84.007). (Reminder: Federal Postcard Applications (PDF) (“FPCA’s”) are valid for a period of two federal elections, if submitted before September 1, 2011, or one calendar year if submitted on or after September 1, 2011.) FPCA’s and Annual ABBM’s submitted on or after January 1, 2014 are valid until December 31, 2014. (Secs. 86.0015; 101.052)

NEW LAW: HB 666 (83rd Legislature, 2013, RS) added new Section 86.0015 to allow voters who are voting by mail for the reason of age (65 or older) or disability to apply for a ballot for all elections in the year for which the county clerk/EA is the early voting clerk using a single “Annual ABBM.” For more information, see the Texas Sec’y of State’s memo on Annual Application for Ballot by Mail – Notice and FAQs.

Note for Political Subdivisions Other Than Counties: Last day for the governing body of a political subdivision to deliver notice of the election to the county election officer and voter registrar of each county in which the political subdivision is wholly or partly located. (Sec. 4.008).

Monday, September 15, 2014 (50th day before election day; 21st day after August 25, 2014)*
Last day for the Secretary of State to certify the state constitutional amendment election. (Sec. 274.003).

Last day of period during which the Secretary of State must publish first statewide notice of state constitutional amendment election. The Secretary of State will publish this notice a second time on the same day of the next week after the first notice was published. (Art. XVII, Sec. 1, Texas Constitution).
For Political Subdivisions Other Than Counties: Last day to notify election judges of their appointment if they were appointed, as recommended, on Monday, August 25, 2014. (Sec. 32.009(b)). Presiding and alternate judges must be notified (PDF) of their appointment in writing, not later than the 20th day after the date the appointment is made. The notice of the judge’s duty to conduct the election (writ of election (PDF)) pursuant to Section 4.007 may be combined with the above notice, if the appointment is for a single election only. If the notices are NOT combined, then the notice of the judge’s duty to conduct the election (writ of election) must be delivered not later than the 15th day before election day, Monday, October 20, 2014.
*Actual deadline for notifying judges of their appointment (20th day after the recommended appointment date of August 25, 2014) falls on Sunday, September 14, 2014, and thus the deadline moves to the next business day. (Sec. 1.006).
Deadline to publish notice (PDF) of the date, hour, and place of the public test if you are conducting the first test of the automated tabulating equipment and the logic and accuracy test on the recommended date of Wednesday, September 17, 2014. Such notice must be published at least 48 hours before the testing begins. (Sec. 127.093; 127.096; 129.022; 129.023).

Monday, September 15, 2014 - Sunday, December 14, 2014 (50th day before election day through 40th day after election day)
Mandatory office hours: Every county election officer, city secretary, or secretary of a governing body (or the person performing duties of a secretary) must keep the office open for election duties for at least 3 hours each day, during regular office hours, on regular business days. (Sec. 31.122).
Note for Independent School Districts: A regular business day means a day on which the school district’s main business office is regularly open for business. (Sec. 31.122(b)). If a school holiday falls on a day during the early voting by personal appearance period that is not a federal or state holiday (see listing under Sec. 1.006 in Business Ink Co.’s Texas Election Laws 2014-2015 Edition), the independent school district is still required to be open to conduct early voting by personal appearance.

Wednesday, September 17, 2014 (48th day before election day)
Recommended date to conduct the first test of the automated tabulating equipment and for logic and accuracy test on precinct scanners and DREs. (Secs. 127.093; 127.096; 129.022; 129.023).

Saturday, September 20, 2014 (45th day before election day)
Deadline to Mail a Ballot to an Overseas Voter for the November General Election for State and County Officers: For voters requesting mail ballots with a standard application for ballot by mail or an FPCA who indicate that they are outside the United States, ballots must be mailed by this date or the 7th day after the clerk receives the application. If the early voting clerk cannot meet this 45th-day deadline, the clerk must notify the Secretary of State within 24 hours. (Sec. 86.004(b)).
After the initial mailing, all ballots must be mailed not later than the 7th day after the date the early voting clerk receives the voter’s application for a ballot by mail. (Sec. 86.004).

Monday, September 22, 2014 (43rd day before election day, 28th day before early voting begins)*

Last day for county chairs to supplement list of names for early voting officer list. (Secs. 1.006; 85.009).

*Actual deadline (30th day before early voting begins) falls on a Saturday, thus the deadline is extended to the next regular business day.

Monday, September 29, 2014 (36th day before election day)

Deadline for the Secretary of State to mail each county judge a copy of the Governor’s proclamation ordering the November General Election for state and county officers and the Governor’s proclamation ordering the state Constitutional Amendment Election. (Sec. 3.003(c)).

Wednesday, October 1, 2014 (34th day before election day)

Counties: Deadline to submit a petition signed by 15 registered voters to the early voting clerk requesting that a signature verification committee be created. A request submitted by mail is considered to be submitted at the time of its receipt by the early voting clerk. (Sec. 87.027(a-1)).

Friday, October 3, 2014 (32nd day before election day)

Counties: Recommended date for each party chair with a nominee or aligned candidate on the ballot to submit a list of proposed members for the signature verification committee (if one is created) to the county election board. Please note that a signature verification committee could be appointed at a later date. (Secs. 51.002; 87.002; 87.027).

Sunday, October 5, 2014 (30th day before election day)

Last day for the county clerk to post a full copy of all amendments to be voted on at the state constitutional amendment election. (Art. XVII, Sec. 1, Texas Constitution).

First day of period during which notice of election must be published if another method of giving notice is not specified by a law outside the Election Code, and publication is the method of giving notice selected. (Sec. 4.003(a)(1)). The notice for elections ordered by a commissioners court or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(c) and (d)). This notice may be combined with the other notices you are required to publish. .

See Notice requirements in Introductory Notes prior to Calendar of Events in this advisory.

In addition to the notice in the newspaper, notice may also be given as follows:

1. By posting a notice in a public place in each election precinct in which the election is to be held on or before the 21st day before the election, Tuesday, October 14, 2014. (Sec. 4.003(a)(2)).
2. By mailing a copy of the notice to each registered voter of the territory covered by the election, not later than the 10th day before election day. (Sec. 4.003(a)(3)). Since the 10th day falls on a Saturday, the deadline is extended to the next regular business day, which is Monday, October 27, 2014. (Sec. 1.006).

Last day to order an election under Section 26.08, Tax Code, to ratify a tax rate adopted by the governing body of a school district under Section 26.05(g) of that code. (Sec. 3.005(d), amended by HB 985, 83rd Legislative Session, 2013, RS).

NOTE: A tax rate adopted by the governing body of a school district under Section 26.05(g) of the Tax Code is one based on an estimate of the taxable value of property in the district; the estimate is received before the receipt of the certified appraisal from the Texas Comptroller’s Office. This 30-day deadline to order the election applies only to those tax rates adopted based on an estimate; contact our office for further information on ordering elections based on the certified appraisal figure.

Last day for the governing body of a school district that orders an election under Section 26.08, Tax Code, to ratify an ad valorem tax rate adopted by the governing body under Section 26.05(g) of that code to deliver notice of the election to the county clerk of each county in which the school district is located (See NOTE, above). (Sec. 4.008(b))

Monday, October 6, 2014 (29th day before election day)*

Last day to register to vote for the Tuesday, November 4, 2014 election. (Sec. 13.143).

NOTE: An FPCA (PDF) (Federal Postcard Application) also serves as an application for permanent registration under Texas law unless the voter marked “outside the U.S. indefinitely” (2005 form), “do not intend to return” (2011 form), or “my return is not certain” (2013 form). The early voting clerk should make a copy (for mailing ballots, keeping records, etc.), then should forward the original to the county voter registrar, as soon as practicable. (Sec. 101.055; 1 Tex. Admin. Code Sec. 81.40(a), (c)(2)).

Last day for a voter to make a change of address that will be effective for the November 4, 2014 election. A voter who submits a change of address after this date may still be eligible to return to his or her previous precinct to vote under “fail-safe” voting, if he or she still resides in the same county and the same local political subdivision, if applicable, conducting the election. (Secs. 15.025; 63.0011).

*If the 30th day before the election falls on a weekend or holiday, a voter application or a notice of change in registration information is considered timely if it is submitted to the voter registrar on or before the next regular business day. (Secs. 13.143(e) and 15.025(d)).
Recommended last day for early voting clerk to order supplemental and registration correction lists, if applicable, or order revised original list from the voter registrar for early voting by personal appearance. (Secs. 18.001; 18.002; 18.003; 18.004).

Recommended date for early voting clerk to issue order (PDF) calling for appointment of signature verification committee. (Sec. 87.027).

If the signature verification committee will start meeting on Wednesday, October 15, 2014, early voting clerk must post copy of the order (PDF) calling for appointment of the signature verification committee on or before this date. The notice must remain posted continuously for at least 10 days before the first day the committee meets. (Sec. 1.006; 87.027(g)).

Friday, October 10, 2014 (25th day before election day)

Counties: Deadline for Democratic and Republican County Chairs to submit to the precinct presiding judges for each election day precinct, a list containing at least two persons who are eligible to serve as election clerks, in order to secure appointment of clerks affiliated or aligned with their respective parties. (Sec. 32.034(b)). The “mailbox rule” applies to this deadline; therefore as long as the list is postmarked by this date, the list is considered timely. Due to the close proximity to the election, you may want to encourage the chairs to submit the lists earlier.

Recommended date for the county elections board to appoint (PDF) a signature verification committee (if one is ordered at the discretion of the county election officer and not required due to petition by 15 registered voters - See entry under Wednesday, October 1, 2014). (Sec. 87.027).

Notice (PDF) of the first test of automatic tabulating equipment and logic and accuracy test must be published by the custodian of the automatic tabulating equipment or the custodian of election records, as appropriate, if test will be conducted on the recommended date of Monday, October 13, 2014 (testing of equipment must be done at least 48 hours prior to the start of early voting period). (Sec. 127.096). Notice must be published 48 hours before the date of the test.

Monday, October 13, 2014 (22nd day before election day)

Recommended day to conduct the first test of automatic tabulating equipment and the logic and accuracy test. Testing of equipment must be done at least 48 hours prior to the start of early voting period. (Sec. 127.096). Notice (PDF) must be published 48 hours before the date of the test. (See entry under Friday, October 10, 2014).

Tuesday, October 14, 2014 (21st day before election day)

Last day to post notice of election (PDF) on bulletin board used for posting notices of meetings of the commissioners court or appropriate governing body. (Sec. 4.003(b)).

Wednesday, October 15, 2014 (20th day before election day; 5th day before the first day of early voting in person)

Last day to petition for temporary branch polling place(s) in a county with a population of 100,000 to 120,000, if the voting at those branch locations is to begin on the first day of early voting, October 20, 2014. (Secs. 85.062(d)(3); 85.067).

Last day to post notice (PDF) of places, days, and hours for voting at branch early voting polling place if voting is to begin at that location on the first day of early voting in person. The schedule may be amended after the beginning of early voting by personal appearance to include notice of additional branch locations, but any amendment must be made and posted not later than the fifth day before voting begins at the additional temporary branch. (Secs. 85.062(d)(3); 85.067(c)).

Last day for a person to apply for a full ballot by mail using an FPCA (PDF), if the person is not a registered voter but meets the requirements under Title 2 of the Election Code. (Sec. 101.052(e)). (If the voter marks the FPCA form indicating voter is “outside the U.S. indefinitely” (2005 form), “do not intend to return” (2011 form), or “my return is not certain” (2013 form), voter receives a federal ballot only.)

Last day to publish notice (PDF) of the public Logic and Accuracy (L&A) Test of a voting system that uses direct recording electronic (DRE) voting machines (or an electronic voting system which is subject to L&A testing under advisories issued by the Secretary of State) used in early voting, if test will be held on Friday, October 17, 2014, the last day to perform this test. Notice (PDF) of the public L&A Test must be published at least 48 hours before the test begins. (Secs. 129.001; 129.023).

Deadline for county elections board to appoint (PDF) signature verification committee, if a valid petition requesting one to be created was presented to the early voting clerk by the deadline, Wednesday, October 1, 2014. (Sec. 87.027(a-1), (c))

First day that a signature verification committee may begin operating. (Sec. 87.027(f)).

Thursday, October 16, 2014 – Tuesday, October 28, 2014 (19th day before election day - 7th day before election day)

A person submitting an FPCA (PDF) during this period who is not registered to vote is not entitled to receive a ballot for any non-federal election held on Tuesday, November 4, 2014. See also entry below under Monday, October 20, 2014 (FPCA without a postmark). (Secs. 84.007; 101.052(e), (f), (g)). The early voting clerk is required to maintain this application since it may be used for other elections. (Reminder: FPCA’s are valid for a period of two federal elections, if submitted before September 1, 2011, or for one calendar year if submitted on or after September 1, 2011.)

Note: Be sure to check the list of registered voters for permanent registration status. Also, state law authorizes an FPCA to also serve as an application for permanent registration; therefore, the person might be permanently registered based on a prior FPCA. Even if the FPCA arrives too late for a particular election, the early voting clerk will still need to forward the original FPCA to the county voter registrar, after making a copy for your early voting clerk’s use (mailing ballots, etc.) and records unless the voter marked “outside the U.S. indefinitely” (2005 form), “do not intend to return” (2011 form), or “my return is not certain” (2013 form), in which case, it will not serve as a permanent registration. (Sec. 101.055; Tex. Admin. Code Sec. 81.40).

Friday, October 17, 2014 (18th day before election day; at least 48 hours before early voting begins)

Last day to conduct public L&A Test of a voting system that uses DRE voting machines (or an electronic voting system which is subject to L&A testing under advisories issued by the Secretary of State) used in early voting. We highly recommend that this test is done on an earlier date to allow time for corrections to programming, if necessary. (See Note on Testing Tabulating Equipment prior to Calendar of Events.) Per Section 129.023, the test shall be conducted not later than 48 hours before voting begins on such voting systems, assuming that the voting system will be used for early voting in person starting on Monday, October 20, 2014. Although technically this test could be conducted in the very early morning hours of Saturday, October 18, 2014, and still be at least 48 hours before early voting in person begins, we view Friday as being the more reasonable deadline.

Monday, October 20, 2014 (15th day before election day)

First day to vote early in person.*

Note: Voting by limited ballot must be done during the early voting period (or by mail). (Sec. 112.002(a)).
*If the date for beginning the early voting period is a Saturday, Sunday, or legal state holiday, the early voting period begins on the next regular business day. (Sec. 85.001(c)).

Political subdivisions other than cities and counties: Early voting in person must be conducted for at least eight (8) hours each weekday that is not a legal state holiday unless the political subdivision has fewer than 1,000 registered voters, in which case early voting in person must be conducted for at least three (3) hours per day. (Sec. 85.005).

Cities and counties: Early voting in person must be conducted on the weekdays of the early voting period and during the hours that the county clerk’s or city secretary’s main business office is regularly open for business. (Sec. 85.005). However, because cities and counties must have office hours for election-related business at least three hours every business day for this type of election (see note at 50th day before election entry, Monday, September 15, 2014), we harmonize these requirements with the result that, if a city or county is not regularly open for business on one or more week days, on those “closed” days a city or a county must conduct early voting for at least three (3) hours a day at the main early voting location (except for a city’s two 12-hour days, when it must be open for the full 12 hours).

Joint elections: If conducting early voting by personal appearance jointly, we recommend a unified schedule covering all requirements; i.e., no entity’s requirements should be neglected or subtracted as a result of a joint agreement.

Note for Cities: Cities must choose two weekdays for the main early voting polling location to be open for 12 hours during the regular early voting period. The city council must choose the two weekdays. (Sec. 85.005(d)).

Note to Independent School Districts: Despite the change in state law that allows an ISD to be closed on school holidays during the mandatory office hours period, you are required to be open during the entire early voting period except on legal state and national holidays. (See listing under Sec. 1.006 in BI Company’s Texas Election Laws 2014-2015 Edition).

If an FPCA (PDF) is received by this date without a postmark to prove mailing date, the early voting clerk will accept the FPCA and mail the applicant a full ballot even if the applicant is not a permanently registered voter but meets the requirements under Title 2 of the Election Code (unless the voter marks the FPCA form indicatingthe voter is “outside the U.S. indefinitely” (2005 form), “does not intend to return” (2011 form), or “my return is not certain” (2013 form),in which case the voter receives a federal-only ballot). (Sec. 101. 052(i)).

Last day to notify election judges of duty to hold election (Writ of Election (PDF) and Writ of Election – General Election for State and County Officers (PDF)). Notice must be given by the 15th day before the election or the 7th day after the day the election is ordered, whichever is later. The Writ of Election must be given to each presiding judge and include:

1. The judge’s duty to hold the election;
2. The type and date of election;
3. The polling place location at which the judge will serve;
4. The polling place hours; and
5. The maximum number of clerks the judge may appoint. (Sec. 4.007).

Tuesday, October 21, 2014 (14th day before election day)

Deadline to file a petition in the November General Election for state and county officers to require the early voting clerk of a county with a population under 100,000 to conduct extended early voting for 12 hours on the last Saturday of the early voting period, October 25, 2014. (Secs. 85.006(e); 85.007).

Counties and Cities Only:Last day to post notice on bulletin board for posting notice of meetings for the commissioners court and city council if early voting will be conducted on Saturday, October 25, 2014. (Sec. 85.007). Notice must be posted at least 72 hours before early voting begins on a Saturday or Sunday.

Wednesday, October 22, 2014 (13th day before election day)

Deadline to file a petition (PDF) in the November General Election for state and county officers to require the early voting clerk of a county with a population of 100,000 or more to conduct extended early voting for 12 hours on each weekday of the last week (Monday, October 27, 2014 through Friday, October 31, 2014) at all required temporary branch locations created under Section 85.062(d) of the Code. Notice of extended hours (PDF) must be posted beginning no later than Wednesday, October 22, 2014 and continuing through Friday, October 31, 2014. (Secs. 85.064(b); 85.067).

Deadline to file a petition (PDF) in the November General Election for state and county officers to require the early voting clerk of a county with a population under 100,000 to conduct extended early voting at the main early voting polling place for 12 hours on each weekday of the last week of the early voting period (Monday, October 27, 2014 through Friday,October 31, 2014). Notice of extended hours (PDF) must be posted beginning no later than Wednesday, October 22, 2014 and continuing through Friday, October 31, 2014. (Secs. 85.005(c); 85.067).

Deadline to file a petition (PDF) in the November General Election for state and county officers to require the early voting clerk of a county with a population under 100,000 to conduct extended early voting for 5 hours on Sunday, October 26, 2014. (Sec. 85.006(e)).
Counties and Cities Only: Last day to post notice on bulletin board for posting notice of meetings of the commissioners court or city council, if early voting will be conducted on Sunday, October 26, 2014. (Sec. 85.007). Notice must be posted at least 72 hours before early voting begins on a Saturday or Sunday. See entry at Tuesday, October 21, 2014.

Note for all Political Subdivisions, except Counties and Cities: Voting on ANY Saturday or Sunday ordered by the governing body on its own motion (i.e., not petitioned for by 15 registered voters) must be included in the order and notice of election. (Secs. 85.006 & 85.007(a)). If the County Clerk or City Secretary on her own motion by written order orders early voting on Saturday or Sunday OR if the County Clerk, City Secretary, or governing body of a political subdivision orders Saturday or Sunday voting after being petitioned to do so by at least 15 registered voters, such voting need not be included in the regular order or notice of the election. (Secs. 85.006(b), (d) and 85.007(b), (c)).

Thursday, October 23, 2014 (12th day before election day; day before the last day to apply for a ballot by mail)

If a defective application to vote early by mail is received on or before this date, the early voting clerk must mail the applicant a new application with explanation of defects and instructions for submitting the new application. For defective applications received after this date and before the end of early voting by personal appearance, the early voting clerk must mail only the notice of defect and a statement that the voter is not entitled to vote early by mail unless he or she submits a sufficient application by the deadline. (Sec. 86.008).
A voter who becomes sick or disabled on or after this date may vote a late ballot if the sickness or disability prevents the voter from appearing at the polling place without the likelihood of needing personal assistance or of injuring his or her health. (Sec. 102.001).

NOTE: Section 84.007(c), as amended by Senate Bill 910, 83rd Legislative Session (2013, RS), changed the deadline for filing an application for ballot by mail to the 9th day before election day. Because the date that the sickness or physical condition originates is keyed to the “day before the last day for submitting an application for ballot by mail,” the date the sickness or physical condition originates has now become the 12th day before this election. See entry at Friday, October 24, 2014.

Friday, October 24, 2014 (11th day before election day)

Last day for early voting clerk to receive application for a ballot to be voted by mail. (Sec. 84.007(c), as amended by Senate Bill 910, 83rd Legislative Session, 2013, RS). All applications to vote by mail must be received by the early voting clerk before the close of regular business or 12 noon, whichever is later. Applications to vote by mail must be submitted by mail, common or contract carrier, or fax (if a fax machine is available in the office of the early voting clerk). (The deadline is moved back to the preceding regular business day which is Friday, October 24, 2014 due to the 9th day falling on a Sunday.)

NOTE ON NEW LAW: Section 84.007(c) (as amended by Senate Bill 910, 83rd Legislative Session, 2013, RS) provides that an application for ballot by mail must be submitted no later than the ninth day (rather than the seventh day) before election day, unless the ninth day is a Saturday, Sunday, or legal holiday, in which case it moves to the preceding regular business day.

Saturday, October 25, 2014 (10th day before election day; last Saturday of early voting period)

In counties with populations of 100,000 or more, early voting must be conducted in the November General Election for state and county officers for at least 12 hours on last Saturday of the early voting period. (Sec. 85.006(e)). For counties under 100,000, voting on Saturday is only required if a proper petition (PDF) was received in a timely manner. See entry under October 21, 2014.

Sunday, October 26, 2014 (9th day before election day; last Sunday of early voting period)

In counties with populations of 100,000 or more, early voting must be conducted in the November General Election for state and county officers for at least 5 hours on last Sunday of the early voting period. (Sec. 85.006(e)). For counties under 100,000, voting on Sunday is only required if a proper petition (PDF) was received in a timely manner. See entry under October 22, 2014.

Monday, October 27, 2014 (8th day before election day)

Last day of period during which notice of the November General Election for state and county officers and other elections ordered by a county or a city or school district must be published in a newspaper of general circulation. (Sec. 4.003(a)(1)). Since the statutory deadline falls on a Saturday, the deadline is extended to the next business day. (Sec. 1.006).

Last day to mail a copy of the notice of election to each registered voter of the territory that is covered by the election and is in the jurisdiction of the authority responsible for giving the notice if method of giving notice is not specified by a law outside the Texas Election Code and this method of giving notice is selected. Since the statutory deadline falls on a Saturday, the deadline is extended to the next business day. (Secs. 1.006, 4.003(a)(3)).

First day that counties with a population of 100,000 or more or local political subdivisions conducting an election jointly with such a county may convene their early voting ballot board and begin processing the ballots by mail. The early voting clerk must continuously post notice for 24 hours preceding each delivery of voting materials that is to be made before the time for opening the polls on election day, and must also notify the party chair of each political party having a nominee on the ballot 24 hours preceding each delivery. (Sec. 87.0222).

Monday, October 27 – Friday, October 31, 2014 (last week of early voting by personal appearance)

In counties with a population of 100,000 or more, the early voting clerk must keep the main polling place open for 12 hours each day for the November General Election for state and county officers. Early voting must be conducted at permanent branch locations for 12 hours each day. Early voting must be conducted for 12 hours on each weekday of the last week at a required temporary branch locations (created under Section 85.062(d) of the Code) if a written request signed by 15 registered voters was filed by Wednesday, October 22, 2014. Please note there is a 5-day notice posting requirement if the early voting clerk received petition (PDF) requesting these extended hours. (Secs. 85.005(c); 85.063; 85.064; 85.067).

Tuesday, October 28, 2014 (7th day before election day)

Last day to receive an FPCA (PDF) from a voter. If the voter is not registered in the county, the voter is eligible for a ballot containing federal offices only. In a local (non-federal) election, this means there is no ballot to send the voter. (Secs. 101.052(f), (g); 114.004(c)).

NOTE: Section 84.007(c), as amended by Senate Bill 910, 83rd Legislative Session, 2013, RS, changed the deadline for filing an application for ballot by mail to the 9th day before election day. However, the deadline for filing an FPCA remains the 7th day before election day, as prescribed in Sections 101.052(g) and 114.004(c) of the Texas Election Code.

Wednesday, October 29, 2014 (6th day and 4th business day before election day)

5:00 p.m. — Requests for election inspectors (PDF) for Tuesday, November 4, 2014 elections must be received by the Secretary of State on or before this date. (Sec. 34.001).

Last day to publish notice (PDF) of the date, hour, and place of the first public test of automatic tabulating equipment if test is to be conducted, as recommended, on Friday, October 31, 2014. (Sec. 127.096).

Thursday, October 30, 2014 (5th day before election day; day before the last day to vote early in person)

A voter who has a death in the immediate family (related within 2nd degree by consanguinity or affinity) that occurs on or after this day may vote a late ballot starting Saturday, November 1, 2014 (the day after early voting in person ends). (Secs. 103.001; 103.003).

Last day to publish notice (PDF) of the public L&A test of a voting system that uses DRE voting machines (or an electronic voting system which is subject to L&A testing under advisories issued by the Secretary of State) used for the first time on election day, if test will be held on Saturday, November 1, 2014, the last date to perform this test. Notice of the public L&A test must be published at least 48 hours before the test begins. (Secs. 129.001; 129.023).

Friday, October 31, 2014 (4th day before election day)

Last day to vote early by personal appearance. (Sec. 85.001(a)).

Recommended date to conduct first public test of automatic tabulating equipment, if not done already. Test must be conducted at least 48 hours before tabulating begins. (Sec. 127.093). We highly recommend that this test be done on an earlier date to allow time for corrections to programming, if necessary. (See Note prior to Calendar of Events.) The notice (PDF) of the test must be published at least 48 hours before the test. (Secs. 127.093; 127.096).

Saturday, November 1, 2014 (3rd day before election day)

First day to submit an application (PDF) for and vote a late ballot because of a death in the immediate family that occurred on or after Thursday, October 30, 2014, and will require absence from the county on election day, November 4, 2014. (Secs. 103.001; 103.003(b)).

First day to submit an application (PDF) for and vote a late ballot because of sickness or disability that arose on or after Thursday, October 23, 2014. (Secs. 102.001; 102.003).

First day that counties with a population of 100,000 or more may convene their early voting ballot board and begin counting ballots; however, the results may not be announced until after the polls close. All other counties and political subdivisions may convene their early voting ballot board for processing the ballots only, and cannot begin counting the ballots until election day. The early voting clerk shall continuously post notice for 24 hours preceding each delivery of voting materials that is to be made before the time for opening the polls on election day. (Secs. 87.0221; 87.0222; 87.023; 87.024; 87.0241).

Last day to conduct public L&A test of a voting system that uses DRE voting machines (or an electronic voting system which is subject to L&A testing under advisories issued by the Secretary of State) used for the first time on election day. We highly recommend that this test be done on an earlier date to allow time for corrections to programming, if necessary. (See Note prior to Calendar of Events.) The test shall be conducted not later than 48 hours before voting begins on such voting systems,. (Secs. 1.006; 129.023).

Monday, November 3, 2014 (day before election day)

Last day to submit an application (PDF) for and vote a late ballot by personal appearance due to death in immediate family. (Sec. 103.003(b)).

Last day to deliver precinct early voting lists to election judges. (Sec. 87.122).

Tuesday, November 4, 2014 - Election Day

7:00 a.m. to 7:00 p.m. — Polls open. (Sec. 41.031).

7:00 a.m. to 7:00 p.m. — Voter registrar’s office is open. (Sec. 12.004(c)).

7:00 a.m. to 7:00 p.m.— Early voting clerk’s office is open for early voting activities. (Sec. 83.011).

7:00 a.m. to 7:00 p.m. — Sick and disabled persons may vote at the main early voting polling place if electronic voting systems are used and the voter has a sickness or condition that prevents the voter from voting in the regular manner without personal assistance or likelihood of injury. (Sec. 104.003).

5:00 p.m. — Deadline for receiving applications (PDF) for late ballots to be voted by persons who became sick or disabled on or after Thursday, October 23, 2014. (Sec. 102.003(b)).

7:00 p.m. — Deadline for receiving early voting ballots by mail and late ballots cast by voters who became sick or disabled on or after Thursday, October 23, 2014. (Secs. 86.007(a), 102.006(c)).

Note on Receipt of Mail Ballots: All marked early voting ballots sent by mail from inside the United States must arrive before the time the polls are required to close on election day. (Sec. 86.007(a)). If the early voting clerk cannot determine whether a ballot arrived before the deadline, the ballot is considered to have arrived at the time the place at which the carrier envelopes are deposited was last inspected for removal of returned ballots. The early voting clerk must check the mailbox for early voting mail ballots at least once after the time for regular mail delivery. (Sec. 86.007(b)). A marked ballot that is not timely returned may not be counted unless the ballot may be counted late, pursuant to Section 86.007(d), which applies to ballots mailed from outside of the United States.

Note on Delivery of Early Voting by Personal Appearance and Mail Ballots: The early voting clerk delivers the voted ballots, the key to the double-locked ballot box, etc., to the early voting ballot board at the time or times specified by the presiding judge of the early voting ballot board, during the hours on election day that the polls are open or as soon after the polls close as practicable. (Sec. 87.022). The custodian of the key to the second lock of the double-locked early voting ballot box delivers his or her key to the presiding judge of the early voting ballot board on request of the presiding judge. (Secs. 85.032(d); 87.025). The custodian is the sheriff for county elections; the chief of police or city marshal for city elections; and the constable of the justice precinct in which the political subdivision’s main office is located (or the sheriff, if there is no constable), for other political subdivision elections. (Sec. 66.060).

Note on Delivery of Early Voting Ballots to Early Voting Ballot Board Before Election Day: Early voting ballots may be delivered to the early voting ballot board at any time after early voting by personal appearance ends. Mail ballots may be qualified and processed (signatures verified, carrier envelopes opened, and the secrecy envelope containing the ballot placed in a secure location), but they may not be counted until election day. (Secs. 87.0221; 87.0222; 87.023; 87.024; 87.0241).

Exception: Counties with a population of 100,000 or more or entities contracting or having joint elections with counties with a population of 100,000 or more may process the mail ballots (i.e., qualify, and accept or reject, but not count) as early as the 8th day before election day; in such an election, votes may be counted no earlier than the end of the period for early voting by personal appearance; the results may not be released until the polls close on election day. (Secs. 87.0221; 87.0222; 87.023; 87.024; 87.0241(b); 87.042). If ballots are to be delivered before election day, that is after the end of the early-voting-in-person period but before the polls open on election day, the early voting clerk must post notice at least 24 hours before each delivery at the main early voting polling place. (Secs. 87.0221(b); 87.023(b); 87.024(b)).

Note on Manual Examination of Ballots Before Processing on Automatic Counting Equipment: The central counting station manager shall direct the manual examination of all electronic voting system ballots to ascertain whether the ballots can be processed in the usual manner or if the ballots need to be duplicated to clearly reflect the voter’s intent. (Sec. 127.125).

Note on Testing Tabulating Equipment: The second test of automatic tabulating equipment used for counting ballots at a central counting station must be conducted immediately before the counting of ballots with equipment begins. The third test must be conducted immediately after the counting is completed. (Secs. 127.093(c) and (d); 127.097; 127.098).

Note on Precinct Election Returns: Precinct election returns are delivered to the appropriate authorities after completion. (Secs. 66.053(a); 127.065; 127.066; 127.067).

Wednesday, November 5, 2014 (1st day and 1st business day after election day)

The general custodian of election records must deliver the ballot box(es) or transfer case(s) containing the provisional ballots, along with the Summary of Provisional Ballots and the List of Provisional Voters to the county voter registrar by this day. The general custodian of election records makes this delivery to the county voter registrar during the county voter registrar office’s regular business hours. (Secs. 65.052; 65.053; 1 Tex. Admin. Code Secs. 81.172 – 81.174).

Note for Political Subdivisions Located in More than One County: A political subdivision will have to make delivery of the provisional ballots and forms to the county voter registrar in each county in which the political subdivision is located. (1 Tex. Admin. Code Secs. 81.172 – 81.174).

NOTE: If the county voter registrar wants to take possession of the provisional ballots and forms on election night (Tuesday, November 4, 2014), the county voter registrar must inform the custodian of the election records and post a notice of the transfer no later than 24 hours before election day. However, under this type of delivery, the county voter registrar must go to the custodian of election records office and pick up the provisional ballots and forms. Also, note that the county voter registrar may take possession of provisional ballots prior to election night if ballots are kept separate and may be provided without unlawful entry into ballot box. (1 Tex. Admin. Code Secs. 81.172 – 81.174).

Friday, November 7, 2014 (3rd day and 3rd business day after election day)

For districts using electronic voting systems, except for a voting system that uses DREs, a partial manual count of ballots in three precincts or one percent of precincts, whichever is greater, must be started no later than 72 hours after the polls close on election day, unless requirement has been waived by the Secretary of State. (Sec. 127.201(a), (g)). The count must be completed not later than the 21st day after election day. Results of partial manual count must be mailed to Secretary of State not later than the 3rd day after the manual count is completed. (Sec. 127.201(a), (e))

Sunday, November 9, 2014 (5th day after election day)

Last day to post notice of governing authority’s meeting to canvass returns of election if canvass is to take place on Wednesday, November 12, 2014 (8th day after election). This notice must be posted at least 72 hours before the scheduled time of the meeting. (Secs. 551.002; 551.041; 551.043, Texas Government Code).

Monday, November 10, 2014 (6th day after election day)

Deadline for provisional voter to (1) present acceptable identification to county voter registrar, (2) execute an affidavit relating to natural disaster or religious objection in presence of county, or (3) apply for and receive a disability exemption with the voter registrar. (Secs. 65.054(b); 65.0541(a)).

Last day to receive ballots from voters casting ballots from outside of the United States who placed their ballots in delivery before 7:00 p.m. on election day. (Sec. 86.007(e)). Ballots from voters outside of the United States should arrive not later than the 5th day after the election; however, because the 5th day falls on a Sunday, the deadline is extended to the next regular business day which is Monday, November 10, 2014. (Sec. 86.007(d)(3)).

Last day for early voting ballot board to convene to qualify and count any late ballots that were submitted from outside the United States and received by Monday, November 10, 2014. (Sec. 87.125). The early voting ballot board must convene any time after the last mail delivery on Monday, November 10, 2014 for this purpose. (Secs. 86.007(d)(3); 87.125).
Section 22.006, Local Government Code, provides that newly-elected officers of Type A general law city may qualify and assume duties of office on this day, but see NOTE, below.

NOTE: Council members may take office anytime following the canvass. Section 22.006 of the Texas Local Government Code states that a newly-elected municipal officer of a Type A city may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays. However, no newly elected official may qualify for office before the official canvass of the election has been conducted (or would have been conducted, in the event of a cancelled election). Section 22.036 of the Texas Local Government Code further requires that the newly-elected governing body of the municipality “meet at the usual meeting place and shall be installed.”

Wednesday, November 12, 2014 (8th day after election day)

Deadline for Voter Registrar to complete the review of provisional ballots. (Sec. 1.006, 1 Tex. Admin Code Secs. 81.172 – 81.175)*.

Deadline for custodian of election records or presiding judge of the early voting ballot board to retrieve provisional ballots from county voter registrar. (Sec. 1.006, 1 Tex. Admin. Code Secs. 81.172 – 81.176)*.

*Since the actual deadline (the 7th day after election day) falls on Tuesday, November 11, 2014, which is Veteran’s Day, a legal federal and state holiday, the deadline moves to the next business day, Wednesday, November 12, 2014.

First day of the period to conduct the official local canvass of returns by governing authority of the political subdivision. (Sec. 67.003). Note: If a recount petition has been filed and a winning candidate’s race is involved in the recount, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016; 212.0331).

Cities, Schools, and Other Political Subdivisions: First day that newly-elected local officers may qualify and assume the duties of their offices. Please note that the canvass must have been completed before an officer can assume office. (Sec. 67.016). Note: this does not apply to candidates for full terms in the November General Election for federal, state, and county offices.

NOTE: Officially canvassed returns for the state constitutional amendment election must be delivered by the county election officer to the Secretary of State within 24 hours of the canvass. (Sec. 67.007(d)).

If a political subdivision was able to CANCEL its election, this is the first day its elected officials can take the oath of office and be issued a certificate of election. (Secs. 2.053(e); 67.003; 67.016).

Friday, November 14, 2014 (10th day after election day)

Last day for the presiding judge of the early voting ballot board to mail notices of rejected mail ballots to voters. (Sec. 87.0431).

Monday, November 17, 2014 (13th day after election day)

Last day for early voting ballot board in an election held on the date of the general election for state and county officers (i.e., all elections held on November 4, 2014) to convene to qualify and count any provisional ballots that have been reviewed by the county voter registrar. (Sec. 65.051(a-1)).

NEW LAW: HB 985 (83rd Legislative Session, 2013, RS) amended Section 65.051 to provide that for elections held on the date of the general election for state and county officers, the early voting ballot board has until the 13th day after election day to verify and count provisional ballots.

Tuesday, November 18, 2014 (14th day after election day)

Last day for official canvass of returns by governing authority of political subdivision. (Sec. 67.003(c)). Note: If a recount petition has been filed and a winning candidate’s race is involved in the recount, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016; 212.0331).

NEW LAW: HB 985 (83rd Legislative Session, 2013, RS) amended Section 67.003 to provide that for elections held on the date of the general election for state and county officers, the time set for the local canvass may be set not later than the 14th day after election day.

REMINDER: Officially canvassed returns for the state constitutional amendment election must be delivered by the county election officer to the Secretary of State within 24 hours of the canvass. (Sec. 67.007(d)).

Saturday, November 22, 2014 (18th day after election day)

First day that Governor may conduct the state canvass of the November General Election for state and county officers and the state Constitutional Amendment Election. (Sec. 67.012).

NEW LAW: HB 985 (83rd Legislative Session, 2013, RS) amended Section 67.012(a) to provide that for elections held on the date of the general election for state and county officers, the Governor shall conduct the state canvass not earlier than the 18th and not later than the 33rd day after election day.

Monday, November 24, 2014 (12th day after the local canvass if canvass held on the first possible day)

Last day for the presiding judge of the early voting ballot board to mail notices of the disposition of provisional ballots to provisional voters if the local canvass was held on Wednesday, November 12, 2014, the first day of the canvass period. (1 Tex. Admin. Code Secs. 81.172 – 81.176). Such notices must be delivered to provisional voters by the presiding judge no later than the 10th day after the local canvass. Because the 10th day falls on a Saturday, the deadline is extended to the next business day. (Sec. 1.006)

Tuesday, November 25, 2014 (21st day after election day)

Last day to complete manual count. (Sec. 127.201(a)).

Friday, November 28, 2014 (10th day after last day of canvass period)

Early voting ballot board shall mail notice of outcome of provisional ballot to voters no later than the 10th day after the actual canvass date. (1 Tex. Admin. Code Secs. 81.172 – 81.174). See entry under November 24, 2014.

Thursday, December 4, 2014 (30th day after election day)

Last day to file electronic precinct by precinct returns with Secretary of State. (Sec. 67.017).

Monday, December 8, 2014 (34th day after election day)

Last day for the Governor to conduct the state canvass for the November General Election for state and county officers and for the state Constitutional Amendment Election. Since the actual deadline (the 33rd day) falls on a Sunday, the deadline is moved to the next business day. (Secs. 1.006; 67.012).

NEW LAW: HB 985 (83rd Legislative Session, 2013, RS) amended Section 67.012(a) to provide that for elections held on the date of the general election for state and county officers, the Governor shall conduct the state canvass not earlier than the 18thth and not later than the 33rdrd day after election day.

Sunday, December 14, 2014 (40th day after election day)

Last day of the period for mandatory office hours. See entry for Monday, September 15, 2014. (Sec. 31.122).

Sunday, January 4, 2015 (61st day after election day)

First day that contents of ballot box(es) may be transferred from locked ballot box to separate container for the remainder of the preservation period. (Sec. 66.058(b)).

Tuesday, May 5, 2015 (day after 6 months after November 2014 election day)

Political Subdivisions with No Federal Office on the Ballot: Contents of ballot box(es) may be destroyed if no contest or criminal investigation has arisen (Secs. 1.013 & 66.058), and if no open records request has been filed (Tex. Att’y Gen. ORD-505 (1988)). In elections that do not contain a federal office, records must be kept for 6 months (instead of the 22 months applicable to federal election records) from election day. (Sec. 66.058).

Election results must be permanently maintained in the election register. (Sec. 67.006).

NOTE: We recommend that the early voting clerk maintain an FPCA as an election record until at least 6 months after a non-federal election in which the FPCA generated a ballot. The county voter registrar should maintain the original FPCA (except those marked indefinitely away, which are not forwarded to the registrar) for the preservation period for voter registration applications.

Monday, September 5, 2016 (day after 22 months after November 2014 election day)

Contents of ballot box(es) may be destroyed if no contest or criminal investigation has arisen (Secs. 1.013; 66.058), and if no open records request has been filed (Op. Tex. Att’y Gen. No. ORD-505 (1988)). Voter registrar may destroy lists of registered voters marked during early voting and on election day. (Secs. 63.001(e); 66.0241; 66.051(d); 66.058). Election results must be permanently maintained in the election register. (Secs. 1.006; 67.006).

Saturday, November 5, 2016 (day after two years after November 2014 election day)

Note on Retention of Candidate Application: Candidate applications must be retained by the governing body for two years (24 months) after date of election. (Sec. 141.036).