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Election Advisory No. 2016-06

To: County Clerks/Elections Administrators, State and County Chairs
From: Keith Ingram, Director of Elections
 Keith Ingram's signature
Date: March 2, 2016

RE:

Canvass and Recount Filing Deadlines for 2016 Primary Elections & Forms

Canvass Dates

The county chair, and if available, at least one member of the county election executive committee must conduct the local canvass on Thursday, March 10, 2016, at the hour specified by the county chair. Tex. Elec. Code § 172.116. The state chair must canvass the county election returns no later than Sunday, March 13, 2016 for all races with potential runoffs (races with three or more candidates). The state canvass for the remaining offices must be completed by Wednesday, March 23, 2016. Tex. Elec. Code § 172.120. See ADV2015-09 – March 1, 2016 Primary Election Calendar.

Recount Filing Deadlines

The deadline for requesting a recount when there are two or fewer candidates is 5:00 p.m. of the 2nd day after the final canvass is actually conducted. Tex. Elec. Code § 212.028. For all county and precinct races, the final canvass is the local canvass. For all district (including single county districts) and federal and statewide races, the final canvass is the state canvass.

Recount Filing Deadlines – Only Two Candidates in a Race

County and Precinct Races

Local Canvass Filing Deadline
Thursday, March 10, 2016 5:00 p.m. Monday, March 14, 2016

(Extended by Section 1.006 to next business day)

Statewide and District Races

The deadline to request a recount for a statewide or district office is 5:00 p.m. of the second day after the final canvass. The state canvass must be conducted no later than Sunday, March 13, 2016 for all races with potential runoffs (races with 3 or more candidates). The state canvass for the remaining offices must be completed by Wednesday, March 23, 2016. Tex. Elec. Code § 172.120.

Recount Filing Deadline – Three Candidates or More in a Race (Expedited)

Special expedited procedures apply for races in which a runoff could be required (any race with more than two candidates). Regardless of whether the race was statewide, district, county, or for a precinct level office, the deadline to file a recount request is 2:00 p.m. of the first day after the local canvass. § 212.083. The deadline for an expedited recount of state and district offices is determined by the date of the local canvass, not the state canvass.
Local Canvass Filing Deadline
Thursday, March 10, 2016 2:00 p.m. Friday, March 11, 2016

Filing Authority

The filing authority for a statewide or district office is the state chair, and for a county or precinct office, the filing authority is the county chair.

REMINDER ON TIE VOTES AND AUTOMATIC RECOUNTS: In a race requiring a majority vote, the candidates in a runoff are the “top two” candidates; either the two with the highest and second-highest number of votes, or the two who tie for the highest number of votes. The Code provides that an automatic recount will be conducted in other (rare) circumstances (for example, a three-way tie for highest vote, or a tie for the second-highest vote). § 2.023. Note that even though recounts can be requested by candidates based on unofficial returns, the automatic recount based on a tie should be based on the official canvassed returns. The county or state chair is responsible for requesting the recount, and the recount is conducted according to the same method of counting that was used on election night. §§ 216.003 & 216.004.

For additional information on recounts, such as petition requirements and deposit calculations, please see the recount outline and forms (PDF) posted on our website. You may also contact our office via telephone or email to request copies.

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