Election Advisory No. 2015-02

To:	All Cities, School Districts, and Other Political Subdivisions
From:	Keith Ingram, Director of Elections
Date:	May 6, 2015
RE:	Recount Deadlines for the May 9, 2015 Elections of Cities, School Districts and Other Political Subdivisions

This deadline memo is designed to be read together with the recount outline on our website.

Below are the deadlines for filing a recount for local elections of cities, school districts and other political subdivisions for elections occurring on the May 9, 2015 uniform election date. Please note that there are two sets of recount filing deadlines. Which set of deadlines applies to you is based on the method of election (i.e., majority or plurality).

The deadline for filing a recount depends on the date the election is canvassed. You cannot canvass your election until the early voting ballot board has convened and counted all provisional and overseas ballots. The last day to receive a ballot from an overseas voter is Thursday May 14, 2015. The last day for the early voting ballot board to convene and count provisional and oversea ballots is Saturday, May 16, 2015. [§§ 65.051, 67.003 & 86.007(d)(3)]

After the early voting ballot board has convened and counted ballots, you may canvass the elections. The May 9, 2015 election must be canvassed no earlier than the third day after the election (Tuesday, May 12, 2015) and no later than the eleventh day after the election (Wednesday, May 20, 2015). [§ 67.003]

Deadlines for Regular Recount Requests

If your entity elects:

By plurality (a candidate must receive more votes than any other candidate for office to win)

OR

There were only two candidates in the race (even if your entity does not elect by plurality)

THEN the deadline to file for a recount is THE LATER of these two dates:

5:00 p.m. of the 5th day after election day

OR

5:00 p.m. of the 2nd day after the canvass of the election

[§§ 212.028, 212.081, 212.083]

Please note that candidates are elected by plurality vote unless the law specifically provides otherwise (e.g., statute, home-rule charter, court order). [§ 2.001]

If these criteria apply to your entity, then for the May 9, 2015 election, the following dates apply:

Canvass Date	Recount Request Deadline (Regular):
Tuesday, May 12, 2015	5:00 p.m., Thursday, May 14, 2015
Wednesday, May 13, 2015	5:00 p.m., Friday, May 15, 2015
Thursday, May 14, 2015	5:00 p.m., Monday, May 18, 2015 (Sec. 1.006)
Friday, May 15, 2015	5:00 p.m., Monday, May 18, 2015 (Sec. 1.006)
Saturday, May 16, 2015	5:00 p.m., Monday, May 18, 2015
Sunday, May 17, 2015	5:00 p.m., Tuesday, May 19, 2015
Monday, May 18, 2015	5:00 p.m., Wednesday, May 20, 2015
Tuesday, May 19, 2015	5:00 p.m., Thursday, May 21, 2015
Wednesday, May 20, 2015	5:00 p.m., Friday, May 22, 2015

Deadlines for Expedited Recount Requests

IF your entity elects:

By majority vote (a candidate must receive more than half of the votes cast in the election to win)

AND

There were more than two candidates in the race

THEN the deadline to file for a recount is THE LATER of these two dates:

2:00 p.m. of the third day after election day

OR

2:00 p.m. of the first day after the date of the canvass of the election, unless this deadline falls on a Saturday, Sunday, or legal state holiday, in which case, the deadline is extended to 10:00 a.m. of the next business day. [§ 212.088]

If these criteria apply to your entity, then for the May 9, 2015 election, the following dates apply:

Canvass Date	Recount Request Deadline (Expedited):
Tuesday, May 12, 2015	2:00 p.m., Wednesday, May 13, 2015
Wednesday, May 13, 2015	2:00 p.m., Thursday, May 14, 2015
Thursday, May 14, 2015	2:00 p.m., Friday, May 15, 2015
Friday, May 15, 2015	10:00 a.m., Monday, May 18, 2015 (Sec. 212.088)
Saturday, May 16, 2015	10:00 a.m., Monday, May 18, 2015 (Sec. 212.088)
Sunday, May 17, 2015	2:00 p.m., Monday, May 18, 2015
Monday, May 18, 2015	2:00 p.m., Tuesday, May 19, 2015
Tuesday, May 19, 2015	2:00 p.m., Wednesday, May 20, 2015
Wednesday, May 20, 2015	2:00 p.m., Thursday, May 21, 2015

Note About Joint Canvassing Authorities

Section 271.011 of the Code authorizes a joint canvassing authority. If your joint election agreement designated a joint canvassing authority, please be advised that Section 212.026(b) of the Code requires the recount petition to be filed with the presiding officer of your regular canvassing authority.

Please further be advised that an outline of the recount procedures and recount forms may be found in Chapter P of the handbook for the 25th Annual Election Law Seminar for Cities, Schools, and other Political Subdivisions (2013). As noted above, you can also find a copy of the outline by visiting the recount outline. The recount forms can be downloaded from our website. If you do not have the 2013 seminar book and do not have access to the web, you may contact our office and request that the outline and forms be mailed directly to you.

If you need additional assistance, you may contact the Elections Division toll-free at 1-800-252-VOTE(8683).

CC: County Clerks/Elections Administrators

KI:MB