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Election Advisory No. 2016-22

To: County Elections Officers (County Clerks/Elections Administrators/Tax Assessors-Collectors)
From: Keith Ingram, Director of Elections
Keith Ingram's signature
Date: October 24, 2016

RE:

Canvass Dates and Recount Deadlines for the November 8, 2016 General Election for Federal, State and County Officers

Canvass Dates

For all county and precinct races, the final canvass is the local canvass.  [Section 67.005 of the Texas Election Code (“the Code”)]   The local canvass for the November 8, 2016 General Election must be held no earlier than the eighth day after the election (Wednesday, November 16, 2016) and no later than the fourteenth day after the election (Tuesday, November 22, 2016).  [Sec. 67.003]

For all district (including single county districts), federal, and statewide races, the final canvass is the state canvass.  [Sec. 67.010]  The state canvass for the November 8, 2016 General Election must be held no earlier than the eighteenth day after the election (Saturday, November 26, 2016), and no later than the thirty-third day after the election (Monday, December 12, 2016 as the thirty-third day falls on a Sunday).  [Sec. 67.012]

Recount Dates

The deadline to request a recount for a county or precinct office on the November 8, 2016 General Election ballot is 5:00 p.m. of the second day after the canvass is actually conducted.  [Sec. 212.028] 

Below are the canvass dates and the deadlines for filing a recount in county and precinct races.  Please note that if the last day for performance of an act is a Saturday, Sunday, or legal state or national holiday, such as the Thanksgiving Day holiday on November 24, 2016, the act is timely if performed on the next regular business day, except as otherwise provided by the Code.  [Sec. 1.006]

County and Precinct Races Canvass Date Recount Request Filing Deadline
Wednesday, November 16th (8th day) 5 p.m., Friday, November 18, 2016
Thursday, November 17th (9th day) 5 p.m., Monday, November 21, 2016 (Sec. 1.006)
Friday, November 18th (10th day) 5 p.m., Monday, November 21, 2016 (Sec. 1.006)
Saturday, November 19th (11th day) 5 p.m., Monday, November 21, 2016
Sunday, November 20th (12th day) 5 p.m., Tuesday, November 22, 2016
Monday, November 21st (13th day) 5 p.m., Wednesday, November 23, 2016
Tuesday, November 22nd (14th day) 5 p.m., Monday, November 28, 2016

The deadline to request a recount for a statewide or district office is 5:00 p.m. of the second day after the final state canvass.  [Sec. 212.028]  The final state canvass date for the general election has not been set at press time, so those deadlines cannot yet be determined.

Recount deadlines for elections conducted by cities, schools and other political subdivisions on November 8, 2016 may be found at this memo (Advisory 2016-21)

Reminder on Tie Votes and Automatic Recounts

Please note that even though recounts can be requested by candidates based on unofficial returns, the automatic recount based on a tie pursuant to Sec. 2.002 (plurality vote) should be based on the official canvassed returns. See recount outline and post-election memo for more details.

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

KI:AF