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Voter Information

Election Advisory No. 2013-09

2014 Primary Election Calendar

Note: This is the calendar used primarily for the 2014 primary elections.  For deadlines affecting all candidates, refer to our online 2014 Candidates’ Guide Important Dates calendarDo not rely on information from the 2012 primary elections for the 2014 primary elections; there are significant differences between the orders that governed the 2012 primary elections and the laws applicable to the 2014 primary elections.  Remember that under Section 41.007(d) of the Texas Election Code, no other elections may be conducted on primary or runoff primary election day.

1. Note on Campaign Information

Under Title 15 of the Texas Election Code, candidates running for office 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, 10th Floor, Austin, Texas 78701; call 512-463-5800; or access their website at www.ethics.state.tx.us.  Candidates filing for federal offices should contact the Federal Elections Commission toll-free at 1-800-424-9530 or visit their website at www.fec.gov.

2. 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.) (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 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.

3. Note on Statutory and Administrative Code References

Unless otherwise indicated, all references are to the Texas Election Code.  The county election officer is either the county clerk, the county elections administrator, or the county tax assessor collector, depending on the actions of the county commissioners court.  (Secs. 31.031, 31.071 & 31.091).  The county voter registrar is either the county clerk, the county elections administrator, or the county tax assessor collector, depending on the actions of the county commissioners court.  (Secs. 12.001, 12.031, 31.031 & 31.071).

Any references to the Texas Administrative Code are cited to the relevant section of the “T.A.C.”

4. Note on New Law

This calendar reflects 2013 legislative enactments and current administrative rules at the time of posting.  Please note that the Secretary of State is reviewing and revising its administrative rules and will update this calendar to reflect amendments to existing rules or new rules as adopted. 

5. Note on Notice of Elections

The county chair must post a notice of election on or before the 21st day before the election. (Secs. 4.003(b), 172.1112).  (NOTE:  There is no requirement to publish notice of the primary or runoff primary elections in a newspaper, and the cost of any such publication will not be reimbursed with primary funds.) For the Tuesday, March 4, 2014 Primary Election, this notice must be posted on the commissioners court bulletin board on or before Tuesday, February 11, 2014.  For the Tuesday, May 27, 2014 Runoff Primary Election, the notice must be posted on or before Tuesday, May 6, 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.

Note regarding branch early voting locations:  The branch early voting locations are no longer a required part of the notice under the Texas Election Code.  (Sec. 4.004).

Notice for Consolidated Precincts:  If precincts are to be consolidated for the election, a notice of consolidated precincts must also be posted and may be included on the Notice of Election.  (Sec. 172.1112).

Notice of Changed 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, no later than the day before election day.  (Sec. 43.062).

6. Note on Joint Primaries

In many Texas counties, the commissioners court, the county election officer, and the county chair of each political party holding a primary election in the county will sign a joint resolution agreeing to hold a joint primary. (Sec. 172.126(a)).  In 2012, joint primary elections were held in more than 40% of Texas counties, with the political parties sharing election equipment, polling places, and a team of election workers in each polling place composed of an even number of workers from each political party.  (Sec. 172.126; 1 T.A.C. Ch. 81, Subch. G).  The entries in this calendar are generally written in terms of primary elections being held separately rather than jointly.  Unless indicated to the contrary, entries in this calendar are applicable whether a primary election is held separately or jointly.  However, in a joint primary, the authority responsible for carrying out many of the activities associated with conducting an election will be the county election officer.  (Sec. 172.126). 

7. Note on Testing Tabulating and Electronic Voting Equipment

Note on Ballot Testing:  Once all candidate filing deadlines have passed, we recommend that you proof and test your ballot programming as soon as possible. Early testing will allow adequate time to locate any errors and make any necessary corrections in ballot programming.  We also strongly suggest that you have candidates proof their names and offices before finalizing the ballot to avoid the necessity for last minute ballot corrections. 

In 2012, in approximately 20% of Texas counties, the primary ballot had to be corrected after it was supposedly finalized.  In those counties, ballot media had to be re-programmed, programming had to be re-tested, ballots had to be reprinted, and corrected mail ballots had to be resent.  All of this meant delays and additional costs for the taxpayers of Texas.  In 2014, we urge that the ballot be done correctly the first time.

Note on Logic and Accuracy Test: We recommend establishing a date to perform the first test of your electronic voting equipment [L&A, or Logic and Accuracy Test] as soon as possible.  We recommend that this test be performed on a date that allows time to correct programming and retest, if necessary.  A notice of this test must be published by the custodian of the electronic voting equipment at least 48 hours before the date of the test.  (Sec. 129.023; Tex. Sec’y of State Election Advisory No. 2012-03).  The L&A test must be conducted not later than 48 hours before voting begins on a voting system.  (Sec. 129.023).   

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.  (Ch. 127, Subch. D).  We recommend you test the equipment as soon as possible; early testing will allow adequate time to locate any errors and make any necessary corrections in programming.  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.  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.  (Sec. 127.096). 

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

Precinct tabulators must also be tested in accordance with the procedures set forth in Chapter 127, Subchapter D of the Texas Election Code to the extent those procedures can be made applicable.  (Sec. 127.152; Tex. Sec’y of State Election Advisory No. 2012-03).   

For more information on testing tabulating equipment used at the central counting station, please see Chapter 127, Subchapter D of the Texas Election Code and Tex. Sec’y of State Election Advisory No. 2012-03.  See Chapter 129, Subchapter B of the Texas Election Code and Tex. Sec’y of State Election Advisory No. 2012-03 for other types of testing such as functionality tests, logic and accuracy tests, tests for central accumulators, etcSee also Tex. Sec’y 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.

8. Conventions of Parties Holding Primary Elections

Precinct Conventions

Time and Place:  House Bill 3102, 2013 Legislative Session amended Section 174.022 of the Texas Election Code to provide that precinct conventions may be held at a time and place determined by rules adopted by the state executive committee of a political party.  If precinct conventions are held on general primary election day, the hour set for convening the conventions may not be earlier than 7:00 p.m. or later than 9:00 p.m., but a convention may not convene until the last voter has voted at the precinct polling place.  If precinct conventions are held on a day other than general primary election day, the county executive committee must set the hour for convening or a time frame in which the convention must convene.  (Secs. 174.021 & 174.022, as amended by House Bill 3102, 2013 Legislative Session).

Notice Required:  As amended by House Bill 3102, 2013 Legislative Session, Section 174.023(a) requires the county chair to post a notice of the date, hour, and place for convening each precinct convention on the county or state party’s Internet website or other Internet location easily found through a search engine.  If the county party does not maintain an Internet website, the chair shall post the notice on the county commissioners court bulletin board.  The notice must remain posted continuously for the 10 days immediately preceding the date of the convention.  Because the convention times are not yet determined, this calendar does not show any deadlines for posting such notices.  Not later than the 10th day before the date of the precinct conventions, the county chair must deliver to the county election officer written notice, either on paper or in electronic form, of the date, hour, and place for convening each precinct convention.  (Sec. 174.023(b), as amended by House Bill 3102, 2013 Legislative Session).

County and Senatorial Conventions

Time and Place:  As amended by House Bill 3102, 2013 Legislative Session, Section 174.063(a) provides that the state executive committee by rule specifies the date the county and senatorial conventions will be held.  Under Section 172.021 of the Texas Election Code, as also amended by House Bill 3102, a political party may by rule allow a county to hold precinct conventions before the county convention on the same day and at the same place as the county convention.

Notice Required:  As amended by House Bill 3102, 2013 Legislative Session, Section 174.064(a) requires notice of the hour and date for convening each county convention to be posted electronically on the county or state party’s Internet website or on the bulletin board used for posting notice of meetings of the commissioners court.  The notice must remain posted continuously for the 10 days immediately preceding the date of the convention.  Because the convention times are not yet determined, this calendar does not show any deadlines for posting such notices.  Not later than the 10th day before the date of the county and senatorial convention, the county chair must deliver to the county election officer written notice, either on paper or in electronic form, of the date, hour, and place for convening the county and senatorial convention.  (Sec. 174.064(b), as amended by House Bill 3102, 2013 Legislative Session).

State Conventions

Section 174.092(a) of the Texas Election Code, as amended by House Bill 3102, 2013 Legislative Session, provides that the biennial state convention must be convened on a date selected by the state executive committee.  The state convention date is no longer limited to one in June or July.  Section 174.092(b) of the Texas Election Code continues to provide that the state executive committee must set the date of the state convention not later than the date the state chair delivers to the county chairs the certification of names for placement on the primary election ballot.  See entry at Friday, December 13, 2013.  Accordingly, this calendar does not show any deadline or time frame for holding the state convention.  Notice of the date, hour, and place for convening the state convention must be posted by the state chair on the party’s Internet website before the date of the party’s precinct conventions under Section 174.093 of the Texas Election Code, as amended by House Bill 3102, 2013 Legislative Session.

9. Party Electoral Rules

House Bill 3102, 2013 Legislative Session amended Section 163.006(a) of the Texas Election Code to provide that a rule on electoral affairs that is to become effective in a year in which the party will hold precinct conventions must be posted on the party’s Internet website, as well as filed with Secretary of State, not later than the 30th day before the date the party convenes its earliest precinct conventions.  It should be noted that the date of precinct conventions is no longer fixed by statute.  (See Note 8 above.)  Accordingly, this calendar does not show any deadline for the posting or filing of such electoral rules.

Calendar of Events

Primary Election Day is March 4, 2014
Runoff Primary Election Day is May 27, 2014

Thursday, September 5, 2013 (180th day before primary election day)

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

Tuesday, September 10, 2013 (90th day before regular filing deadline)

First day to file an application for the office of precinct chair.  (Sec. 172.023(b)).

County chair must review each application within five days after the date the application is received. If the application is rejected, the chair must immediately deliver written notice of the reason for the rejection to the candidate.  (Sec. 141.032).

November 2013

Secretary of State must deliver to each state and county chair rules regarding primary election financing.  (Sec. 173.010).

Monday, November 4, 2013 (72 hours before meeting date of county election officer and county chairs)

The county election officers and county chairs of each county must hold a meeting to discuss items listed Section 31.124.  If the meeting is to be held on November 7, 2013, as recommended, the county election officer must deliver written notice of time and place of meeting between county election officer and county chair on or before this date.  See entry under Thursday, November 7, 2013.  Notice may be delivered by U.S. mail, electronic mail, or other method of written communication.  (Sec. 31.124).

Thursday, November 7, 2013

Recommended date by which the county election officer in each county should hold the mandatory meeting with the county chair of each political party to discuss for the primary election the implementation of Subchapters A, B, C, and D of Chapter 87 concerning the establishment of the early voting ballot board, the delivery of materials to the early voting ballot board, the acceptance of mail ballots, and the manual counting of early voting ballots.  (Sec. 31.124).

Recommended date by which county chairs who wish to conduct a joint primary should meet with the county election officer to determine whether to enter into a joint resolution to conduct the primary, and if the determination is in the affirmative, to discuss potential consolidation or combination of election precincts, to determine the estimated number of election judges and clerks, members of the early voting ballot board, and central counting station personnel to be appointed from the parties, and to decide which voting system and ballot formats are to be used.  (Sec. 172.126(a)).

Even if a joint primary will not be conducted, recommended date by which county chairs should meet with the county election officer to discuss whether a contract for election services should be entered into, the terms of such a contract, potential consolidation or combination of election precincts, the estimated number of election judges and clerks, members of the early voting ballot board, and central counting station personnel that will be needed and how they will be obtained, and which voting system and ballot formats will be used.  (Secs. 31.092, 31.094 & 172.1113, as created by House Bill 1996, 2013 Legislative Session).

Saturday, November 9, 2013 (30th day before regular filing deadline)

First day to file an application for a place on the primary ballot for an office other than precinct chair.  (Sec. 172.023(b)).

Saturday, November 16, 2013 (30th day before write-in deadline)

First day to file declaration of write-in candidacy for county or precinct chair.  (Secs. 146.025 & 171.0231).

Saturday, November 30, 2013 (after 10th day before date of regular filing deadline)

If a vacancy for an unexpired term in an office of the state or county government occurs after the 10th day before the date of the regular filing deadline, but on or before the 5th day before the date of the regular filing deadline (between November 30 and December 4), an application for the unexpired term is subject to an extended filing deadline. See entry at Monday, December 16, 2013.  (Sec. 202.004(a), (c), as amended by Senate Bill 904, 2013 Legislative Session).

December 2013

Recommended time frame in which the commissioners court should approve resolution to have a joint primary.  See entry under November 7, 2013.  (Sec. 172.126(a)).

Wednesday, December 4, 2013 (5th day before regular filing deadline)

Last day a vacancy for an unexpired term in an office of the state or county government may occur and appear on the primary ballot.  (Sec. 202.004(a), as amended by Senate Bill 904, 2013 Legislative Session).

Sunday, December 8, 2013 (last day before regular filing deadline)

Deadline for the county chair (or secretary of the county executive committee) to post on the political party’s Internet website or in the location where a candidate files for a place on the ballot a notice containing the address at which the county chair and secretary of the county executive committee will be available to receive applications on the last day for filing an application.  This deadline is not extended under Section 1.006.  (Sec. 172.022(b), as amended by House Bill 3103, 2013 Legislative Session).

NOTE: If the party secretary is accepting applications at a second location in addition to the party chair, the notice must include both locations.

Monday, December 9, 2013 (2nd Monday in December)

6:00 p.m. — Applications for a place on the general primary election ballot must be received by the state or county chair, as applicable to the office.  (Secs. 172.022(a) & 172.023(a)). Postmark by this deadline without actual receipt by the state or county chair is not sufficient.  (Sec. 172.021(c)).

NOTE: This deadline is also applicable to applications for a place on the primary election ballot to fill a vacancy for an unexpired term in an office of the state or county government that occurred on or before the 10th day before the date of the regular filing deadline.  (Sec. 202.004(b)).  See entry at Monday, December 16, 2013 for precinct and county chair write–in deadline and for Extended Deadlines.    

5:00 p.m. — Last day minor party candidates may file applications to be nominated by convention (Sec. 181.033(a), as amended by House Bill 3103, 2013 Legislative Session).  A political party may extend the filing deadline by rule.  (Sec. 181.033(b)).

Deadline for independent candidates to file declaration of independent candidacy with appropriate filing authority.  (Sec. 142.002).

Deadline for each party chair to deliver lists of names of election judges and clerks, early voting ballot board members, and central counting station personnel (if applicable) to the county election officer if joint primary election is going to be conducted.  (Sec. 172.126(c); 1 T.A.C. § 81.148).

Tuesday, December 10, 2013 (1st day after the regular filing deadline and 84th day before primary election day)

If a candidate withdraws, dies or is declared ineligible by this date, the name is omitted from the primary ballot.  (Secs. 172.057(a) & 172.058(a), as amended by Senate Bills 904 and 910, 2013 Legislative Session).   

NOTE: The new withdrawal deadline set forth in Section 172.057(a) of the Texas Election Code (1st day after the regular filing deadline) conflicts with the deadline set forth in Section 172.052 of the Texas Election Code (79th day before the general primary election day), which was not amended in 2013 to be consistent with the new law.  We view the new law as prevailing.

Recommended deadline for each state chair to certify to Secretary of State for placement on the general primary election ballot the name of each candidate who files with the chair an application that complies with Section 172.021(b) of the Texas Election Code on or before Monday, December 9, 2013.  (Sec. 172.028(a), as amended by House Bill 3103, 2013 Legislative Session).

NOTE: The Texas Election Code does not provide a deadline for the state chairs to make their certification.  However, because a new law enacted by the 2013 Legislature requires the state chairs to notify the county chairs no later than the 81st day before the primary election date that the list of district and statewide candidates for the primary has been posted on Secretary of State’s website, it is reasonable to request the state chairs to make the certification no later than December 10, 2013 so that the information can be posted to Secretary of State’s website on or before December 13, 2013, the 81st day before the primary election date.  See entry at Tuesday, December 17, 2013 for certification of candidates who file with the state chair an application that complies with Section 172.021(b) of the Texas Election Code on or before the Extended Deadline of Monday, December 16, 2013.  

Friday, December 13, 2013 (81st day before primary election day)

Date by which Secretary of State anticipates posting on Secretary of State’s Internet website that is viewable by the public the certified list of candidates who filed on or before Monday, December 9, 2013 provided by each state chair.  (Sec. 172.028(a), as amended by House Bill 3103, 2013 Legislative Session).

Deadline for state chair to notify county chair in each county in which the candidate’s name is to appear on the ballot that certification of candidates who filed on or before Monday, December 9, 2013 has been posted by Secretary of State.  (Sec. 172.028(b), as amended by House Bill 3103, 2013 Legislative Session).  See entry at Tuesday, December 17, 2013 for supplemental notification of certification of candidates who filed with the state chair on or before the Extended Deadline of Monday, December 16, 2013.

Deadline for state executive committee to set date, hour, and place for convening state convention. (Sec. 174.092(b)).  (See Note 8 prior to Calendar of Events.)

NOTE: Section 174.092(b) of the Texas Election Code provides that the state executive committee must set the date, hour, and place for convening the state convention not later than the date the state chair delivers to the county chairs the certification of names for placement on the general primary ballot.  However, Section 172.028(a) of the Texas Election Code was amended by House Bill 3103, 2013 Legislative Session, to provide that the state chair no longer certifies the names of the district and statewide candidates for the primary ballot to the county chairs.  Instead, the state chair certifies the candidate names to Secretary of State and Secretary of State posts the candidate names on his website.  Section 172.028(b) of the Texas Election Code was amended by House Bill 3103, 2013 Legislative Session, to provide that the state chair must notify the county chair in each county not later than the 81st day before primary election day that the certification has been posted by Secretary of State.  Accordingly, the calendar continues to show the 81st day before primary election day as the deadline for the state executive committee to set the date, hour, and place for convening the state convention.

Monday, December 16, 2013 (7th day after regular filing deadline; at least 24 hours before ballot drawing)

6:00 p.m. — Deadline for a write–in candidate for the office of county or precinct chair to file a declaration of write-in candidacy.  (Secs. 1.006 & 171.0231(d)).  (The deadline is extended to the next regular business day which is Monday, December 16, 2013 due to the 5th day after the regular candidate filing deadline falling on Saturday, December 14, 2013.)

NOTE: Write–in voting in a primary election is not permitted except in the general primary election for the offices of county chair and precinct chair.  (Secs. 171.0231 & 172.112).

6:00 p.m. — Deadline for the state or county chair, as applicable, to receive applications for a place on the general primary election ballot for an unexpired term for a vacancy in an office of the state or county government that occurs after the 10th day (November 30, 2013) before the date of the regular filing deadline, but on or before the 5th day (December 4, 2013) before the date of the regular filing deadline.  (Secs. 1.006 & 202.004(a), (c), as amended by Senate Bill 904, 2013 Legislative Session).  (The deadline is extended to the next regular business day which is Monday, December 16, 2013 due to the 5th day after the regular candidate filing deadline falling on Saturday, December 14, 2013.  (Sec. 1.006).)

6:00 p.m. — Extended Deadline (Sec. 172.054(b), as amended by Senate Bills 904 and 910, 2013 Legislative Session), for the state or county chair to receive an application for a place on the general primary election ballot for an office if a candidate who has made an application that complies with the applicable requirements:

(The deadline is extended to the next regular business day which is Monday, December 16, 2013 due to the 5th day after the regular candidate filing deadline falling on Saturday, December  14, 2013.  (Sec. 1.006).)
 
NOTE: An application filed by mail with the state chair under this Extended Deadline provision is not timely if received later than 5:00 p.m. on the Extended Deadline.

Deadline for chair to post notice on the commissioners court bulletin board of the date, hour, and place of ballot drawing if the ballot drawing is conducted on December 17, 2013.  If the party maintains an Internet website, the party must post the notice on the party’s website.  All candidates who provide an email address on their filing form must be notified electronically of the drawing.  (Sec. 172.082(e), as amended by House Bill 3103, 2013 Legislative Session).

Tuesday, December 17, 2013 (3rd Tuesday in December)

Deadline for county executive committee to conduct drawing for candidate order on ballot at the county seat (unless committee provides by resolution that primary committee is to conduct drawing). (Sec. 172.082(c)).

Recommended deadline for each state chair to certify to Secretary of State for placement on the general primary election ballot the name of each candidate who files with the chair an application that complies with Section 172.021(b) of the Texas Election Code after Monday, December 9, 2013 and on or before Monday, December 16, 2013.  (Secs. 172.28(a), 172.029, as amended by House Bill 3103, 2013 Legislative Session).

NOTE: The purpose of this recommendation is to ensure that candidates whose applications are filed in accordance with the Extended Deadlines under Section 202.004(a), (c), as amended by Senate Bill 904, 2013 Legislative Session, and Section 172.054(b), as amended by Senate Bills 904 and 910, 2013 Legislative Session, are added to the list of certified candidates previously submitted by the state chair to Secretary of State.  See entries at Tuesday, December 10, 2013 and Wednesday, December 18, 2013.    

Wednesday, December 18, 2013 (9th day after regular filing deadline; 76th day before primary election day; day after recommended deadline for certification of candidates filing by Extended Deadlines)

Date by which Secretary of State anticipates posting on Secretary of State’s Internet website, that is viewable by the public, additions to the certified list of candidates provided by each state chair that are the result of the additional candidates who filed on or before Monday, December 16, 2013 in accordance with the Extended Deadlines.  (Secs. 172.028(a), 172.029, as amended by House Bill 3103, 2013 Legislative Session).

Recommended date for state chair to notify county chair in each county in which the candidate’s name is to appear on the ballot that certification of additional candidates who filed by the Extended Deadline on or before Monday, December 16, 2013 has been posted by Secretary of State.  (Sec. 172.028(b), as amended by House Bill 3103, 2013 Legislative Session).  See entries at Tuesday, December 10, 2013 and Tuesday, December 17, 2013.

Thursday, December 19, 2013 (10th day after regular filing deadline; 75th day before primary election day)

Recommended deadline for each county chair and each state chair to electronically submit certain candidate information (including information on candidates for county and precinct chair) to the county election officer, the state chair, and Secretary of State.  (Sec. 172.029(c)), as amended by House Bill 3103, 2013 Legislative Session).

Deadline for state chair to allocate the filing fees for district offices to the county chairs.  (Sec. 173.062(c)).

Recommended date for county chair to submit the ballot format to primary committee for its approval.  (Sec. 172.083).

Recommended date for primary committee to approve ballot format.

Recommended date for county chair to order ballots.

January 2014

Recommended time frame to conduct ballot testing, in advance of the 45th day deadline to mail out ballots.  (See Note 7 prior to Calendar of Events.)

Thursday, January 2, 2014 (61st day before primary election day)

Recommended last day to order election supplies (other than ballots).

Recommended date to order the lists of registered voters from the county voter registrar.  (Sec. 18.006).

Friday, January 3, 2014 (60th day before primary election day)

First day of period for voter to submit an application for an early ballot by mail for the general primary, or for both the general primary and the runoff primary.  The application is considered submitted at the time of receipt.  (Secs. 84.001(d), (e) & 84.007).

Deadline for printers/vendors to register with the Secretary of State to print primary ballots.  (Sec. 51.013).

Recommended last day for the county chair of each political party, with the approval of their respective county executive committees, to appoint presiding and alternate judges for each precinct in which the primary election will be held in the county, presiding judges for the early voting ballot board and the central counting station, and personnel for the central counting station.  (Secs. 32.006, 32.008, 87.002 & 127.002-127.005).  Written notice of the appointments must be given to the judges in accordance with Section 32.009 of the Texas Election Code.

Recommended last day for the county election officer to appoint presiding and alternate judges from the lists provided by each county chair and to appoint the election clerks in a joint primary election.  (Sec. 172.126(c)).  Written notice of the appointments must be given to the judges in accordance with Section 32.009 of the Texas Election Code.

General eligibility requirements for election judges and clerks are found in Subchapter C, Chapter 32 of the Texas Election Code.  General eligibility requirements for central counting station personnel are found in Sections 127.002-127.005 of the Texas Election Code.  The presiding judge appoints the clerks, but not more than the maximum set by the political party, consistent with Secretary of State’s primary finance rules; however, the alternate judge must serve as one of the clerks.  (Secs. 32.032 & 32.033).

Saturday, January 18, 2014 (45th day before primary election day)

Deadline for early voting clerk to mail ballots to military and overseas voters.  If the clerk cannot meet this 45th-day deadline, the clerk must notify Secretary of State within 24 hours.  If a federal postcard application (“FPCA”) is received after the 45th-day deadline, the ballot should be mailed not later than the 7th calendar day after the date the FPCA is received.  If an application for a ballot by mail is received after the 45th-day deadline from a voter who is not in the military or overseas, the ballot should be mailed not later  than the 7th calendar day after the date the application is accepted.  (Sec. 86.004(a), (b)).

NOTE: The 45th-day deadline under Section 86.004(b) is not extended by Section 1.006 to the next business day.  The ballots covered by Section 86.004(b) should be sent out on or before Saturday, January 18, 2014.

Recommended deadline for county chair of party holding a primary election to procure from voter registrar a set of precinct lists of registered voters (also supplemental lists and correction lists, if necessary) to deliver to county election officer for use in conducting early voting by mail and in person in the party’s general primary.  (Secs. 18.001(d) & 18.002-18.004).

Tuesday, January 21, 2014 (42nd day before primary election day)

Deadline for state chairs and county chairs to submit itemized estimate and request for state funds to cover general primary expenses. (Sec. 173.081(c)(2)).  Notice of consolidation of county election precincts, if any, must accompany the itemized estimate.  (Sec. 173.081(f)).  (The deadline is extended to the next regular business day which is Tuesday, January 21, 2014, due to the 45th day before primary election day falling on Saturday, January 18, 2014, and Monday, January 20, 2014 is a legal holiday, Martin Luther King, Jr. Day.)  (Sec. 1.006).

Friday, January 31, 2014 (32nd day before primary election day and 12th day before first day signature verification committee may convene)

Recommended date for early voting clerk to issue order calling for appointment of signature verification committee for the primary election, if the early voting clerk determines that a committee is to be appointed.  (Sec. 87.027). 

If the signature verification committee will start meeting on Wednesday, February 12, 2014, recommended date early voting clerk should post copy of the order calling for appointment of the signature verification committee.  (Saturday, February 1, and Sunday, February 2, 2014 are the 10th and 11th days before the first day the committee may meet.)  The notice must remain posted continuously for at least 10 days before the first day the committee meets.  (Sec. 87.027).

Monday, February 3, 2014 (29th day before primary election day)

Last day a person may submit an application to register to vote in the March 4, 2014 primary election.  (Sec. 13.143).  (The deadline is extended to the next regular business day which is Monday, February 3, 2014, due to the 30th day falling on Sunday, February 2, 2014.)  (Sec. 1.006).

NOTE:  An FPCA submitted on or after September 1, 2009 will serve as a permanent voter registration application, unless the voter marked “indefinitely” (older form) or “do not intend to return” (newer form).  (Sec. 13.002(h)).

Last day a voter who has moved to a different election precinct within the county may submit a change of address to be eligible to vote (in the general primary) in the precinct of his or her new residence.  (Sec. 15.025).  (The deadline is extended to the next regular business day which is Monday, February 3, 2014, due to the 30th day falling on Sunday, February 2, 2014.)  (Sec. 1.006).

Wednesday, February 5, 2014 (5th day after recommended date to order signature verification committee)

If the early voting clerk issues order calling for appointment of signature verification committee, this is the deadline for the county chair to appoint the members to the committee.  See entry under Friday, January 31, 2014.  (Sec. 87.027).

Tuesday, February 11, 2014 (21st day before primary election day)

Last day for county chair to post notice of the general primary election on the commissioners court bulletin board.  (Secs. 4.003 & 172.1112).

Wednesday, February 12, 2014 (20th day before primary election day)

Last day for a person to apply for a full ballot by mail using an FPCA, if the person is not a registered voter but meets the requirements under Title 2 of the Texas Election Code.  (Secs. 101.052(e) & 101.055(a)).  (If the voter marks the FPCA form indicating “indefinitely” (older form) or “do not intend to return” (newer form), the voter receives a federal-only ballot.)   Postmark with this date on the FPCA is proof that the applicant submitted the FPCA by this deadline.  (See entry below for FPCA without postmark at the 14th day before primary election day, February 18, 2014.)  (Sec. 101.052(e), (i)).

Last day to publish notice of L&A test if test is to be conducted on Friday, February 14, 2014 because notice must be published 48 hours before test begins.  (Sec. 129.023).

First day that the signature verification committee, if one is appointed, may begin operating.  (Sec. 87.027).

Thursday, February 13, 2014 — Tuesday, February 25, 2014 (19th — 7th day before primary election day)

A person submitting an FPCA during this period who is not registered to vote is not entitled to receive a ballot for any non-federal election held on Tuesday, March 4, 2014.  See entry below under Tuesday, February 18, 2014 (FPCA without a postmark).  (Secs. 101.052(g) & 114.004(c)).

NOTE: Section 84.007(c), as amended by Senate Bill 910, 2013 Legislative Session, 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 as prescribed in Sections 101.052(g) and 114.004(c) of the Texas Election Code.

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 the early voting clerk’s use (mailing ballots, etc.) and records unless the voter marked “indefinitely” (older form) or “do not intend to return” (newer form), in which case, it will not serve as a permanent registration.  (Sec. 101.055; 1 T.A.C. § 81.40).

Overseas (non-military) voters marking the FPCA as “indefinitely” (older form) or “do not intend to return” (newer form) receive a federal ballot only regardless of the date filed.  (See Chapter 114).  A person submitting an FPCA during this period is entitled to receive a federal ballot only (no state, district, or county offices), if not already a permanent registered voter.  (Sec. 101.052(f)).

Friday, February 14, 2014 (18th day before primary election; last business day 48 hours before start of early voting in person)

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 Secretary of State) used in early voting.  We highly recommend that this test be done on an earlier date to allow time for corrections to programming, if necessary.  (See Note 7 prior to Calendar of Events.)  The test shall be conducted not later than 48 hours before voting begins on such voting systems, assuming that the voting system will first be used for early voting in person.  (Sec. 129.023).

Tuesday, February 18, 2014 (14th day before primary election day)

First day to vote early in person.  (Sec. 85.001(a)).

NOTE: The early voting period for the primary election begins 17 days prior to election day, but because this day falls on a weekend (Saturday, February 15, 2014) and Monday, February 17, 2014 is Presidents’ Day, a legal holiday, it is extended to the next regular business day Tuesday, February 18, 2014. (Sec. 85.001(c)).

NOTE: About branch early voting in a primary election:  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 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).

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 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.  (Sec. 85.062(e)).

If early voting by personal appearance is required to be conducted for extended hours or for weekend hours, the county voter registrar’s office is required to remain open for providing voter registration information during the extended hours or weekend hours that the main early voting polling place is open for voting.  (Secs. 12.004(d), 85.005(c) & 85.006(e)).

If an FPCA is received by this date without a postmark to prove mailing date, the early voting clerk will accept the FPCA and send the applicant a full ballot if the applicant is not already a permanent registered voter, but meets the requirements under Title 2 of the Texas Election Code.  (Sec. 101.052(i)).  (The deadline is extended to the next regular business day which is Tuesday, February 18, 2014, due to the 15th day before primary election day falling on Monday, February 17, 2014, a legal holiday, Presidents’ Day.)  (Sec. 1.006).

Deadline to notify election judges of duty to hold election (Writ of Election).  (Sec. 4.007).  Written notice must be given to the presiding judge of the duty to hold the election, purpose of election, the election date, location of the polling place, hours the polls are open, and the number of clerks to be appointed.  (The deadline is extended to the next regular business day which is Tuesday, February 18, 2014, due to the 15th day before primary election day falling on Monday, February 17, 2014, which is a legal holiday, Presidents’ Day.)  (Sec. 1.006).

Wednesday, February 19, 2014 (72 hours preceding first hour Saturday early voting will be conducted)

Deadline to post notice on bulletin board used for posting notice of meetings of the commissioners court 72 hours preceding first hour that early voting on Saturday, February 22, 2014 will be conducted.  (Sec. 85.007(b), (c)).

Thursday, February 20, 2014 (72 hours preceding first hour Sunday early voting will be conducted; 12th day before primary election day)

Deadline for the early voting clerk to post notice on bulletin board used for posting notice of meetings of the commissioners court 72 hours preceding first hour that early voting on Sunday, February 23, 2014 will be conducted.  (Sec. 85.007(b), (c)).

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, 2013 Legislative Session, 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 the primary election.  See entry at Friday, February 21, 2014.

Friday, February 21, 2014 (11th day before primary election day)

Last day for early voting clerk to receive applications for a ballot to be voted by mail.  (Sec. 84.007(c), as amended by Senate Bill 910, 2013 Legislative Session).  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 extended to the preceding regular business day which is Friday, February 21, 2014 due to the 9th day falling on Sunday, February 23, 2014.)  (Sec. 84.007(c)).

NOTE ON NEW LAW: Section 84.007(c) (as amended by Senate Bill 910, 2013 Legislative Session) 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, February 22, 2014 (10th day before primary election day)

In counties with a population of 100,000 or more, early voting must be conducted for 12 hours on the last Saturday of the early voting period at the main early voting polling place.  In counties with a population less than 100,000, early voting must be conducted for this same number of hours at the main early voting polling place upon receipt of a petition submitted by at least 15 registered voters of the county.  (Sec. 85.006(e)).

If in a county with a population of 100,000 or more, delivery of early voting ballots and materials will be made to the early voting ballot board between the end of the ninth day before primary election day and the opening of the polls on primary election day, notice must be posted of such delivery 24 hours in advance.  (Sec. 87.0222 & 87.0241).  See entry under Tuesday, March 4, 2014.

Sunday, February 23, 2014 (9th day before primary election day)

In counties with a population of 100,000 or more, early voting must be conducted at the main early voting polling place for five hours on the last Sunday of the early voting period.  In counties with a population less than 100,000, early voting must be conducted for this same number of hours at the main early voting polling place upon receipt of a petition submitted by at least 15 registered voters of the county.  (Sec. 85.006(e)).

Monday, February 24, 2014 — Friday, February 28, 2014 (8th day — 4th day before primary election day)

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 primary election.  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 required temporary branch locations (created under Section 85.062(d) of the Texas Election Code) if a written request signed by 15 registered voters was filed by Wednesday, February 19, 2014.  Please note there is a 5-day notice posting requirement if the early voting clerk received petition requesting these extended hours. (Secs. 85.005(c), 85.063, 85.064 & 85.067).

In counties with a population of less than 100,000, the early voting clerk must keep the main polling place open for 12 hours each day for the primary election if 15 or more registered voters petition the county for the extended 12-hour schedule.  (Secs. 85.005(c) & 85.067).

Monday, February 24, 2014 (8th day before primary election day)

First day in counties with a population of 100,000 or more that early voting ballot boards may be convened and have delivered to them by mail ballots to begin processing and qualifying mail ballots; however, the mail ballots may not be counted until the end of the period for early voting in person and results may not be released until the polls close on election day.  (Secs. 87.0221, 87.0222, 87.023, 87.024, 87.0241 & 87.042).  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.  (Sec. 87.0222).

If county election precincts are consolidated, county chair must post at the polling place used in the preceding general election for state and county officers a notice of consolidation and location of the polling place.  For purposes of conducting a primary election, the “preceding general election” is the preceding primary election.  (Secs. 4.003(b) &172.1112).  (The deadline is extended to the next regular business day which is Monday, February 24, 2014 due to the 10th day falling on Saturday, February 22, 2014.)  (Sec. 1.006).

Tuesday, February 25, 2014 (7th day before primary election day)

Last day to receive an FPCA from a voter.  If the voter is not registered in the county, the voter is eligible for a ballot containing federal offices only.  (Secs. 101.052(g) & 114.004(c)).

NOTE: Section 84.007(c), as amended by Senate Bill 910, 2013 Legislative Session, 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 as prescribed in Sections 101.052(g) and 114.004(c) of the Texas Election Code.

Wednesday, February 26, 2014 (4th business day before primary election day)

Last day for Secretary of State to receive requests for state election inspectors for general primary election.  (Sec. 34.001).

Deadline to publish notice of the first test of the automatic tabulating equipment, if the test is to be conducted as recommended on Friday, February 28, 2014.  The notice must be published at least 48 hours before the test.  (Secs. 127.093 & 127.096).

Thursday, February 27, 2014 (day before the last day of early voting in person)

A voter who will be absent from his county of residence due to a death of an immediate family member occurring on or after this day may apply for a late ballot.  Application may be made after the last day of early voting in person, up to the close of business on the day before primary election day.  (Secs. 103.001 & 103.003).  See entry under Saturday, March 1, 2014.

If delivery of early voting ballots and materials will be made to the early voting ballot board between the end of the period for early voting by personal appearance and the opening of the polls on primary election day (see entry under March 4, 2014), notice must be posted of such delivery, 24 hours in advance.  (Secs. 87.0221, 87.0222, 87.023, 87.024 & 87.0241).

Friday, February 28, 2014 (4th day before primary election day)

Last day to vote early in person.  (Sec. 85.001(a)).

Recommended date to conduct first test of automatic tabulating equipment, if not done already.  Test must be conducted at least 48 hours before ballots will be counted.  The notice of the test must be published at least 48 hours before the test.  (Secs. 127.093 & 127.096).

Saturday, March 1, 2014 (day after last day of early voting in person; 3rd day before primary election day)

First day to submit an application for and vote a late ballot because of a death in the immediate family that occurred on or after Thursday, February 27, 2014 (“the day before the last day for early voting by personal appearance”), and will require absence from the county on election day.  May submit application through Monday, March 3, 2014, the day before primary election day.  (Secs. 103.001 & 103.003(b)).

First day to submit an application for and vote a late ballot because of sickness or disability that arose on or after Thursday, February 20, 2014.  May submit application through 5:00 p.m. on primary election day. (Secs. 102.001 & 102.003).

Counties with a population of 100,000 or more and using electronic voting equipment may begin counting ballots voted in person or by mail during the early voting period.  (Sec. 87.0241(b); 1 T.A.C. § 81.86).

Early voting ballot board in all counties may meet to process ballots but may not begin actually counting ballots unless the county has a population of 100,000 or more.  (Sec. 87.0241).

Last day to publish notice 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 Secretary of State) used for the first time on election day, if test will be held on Monday, March 3, 2014.  The last date to perform this test is Monday, March 3, 2014.  Notice of the public L&A test must be published at least 48 hours before the test begins.  (Secs. 1.006, 129.001 & 129.023).

Monday, March 3, 2014 (day before primary election day)

Last day for county election officer (early voting clerk) to deliver precinct lists of early voters for general primary to the presiding election judges.  (Sec. 87.122).

Last day to submit application to vote a late ballot due to death in immediate family that occurred on or after Thursday, February 27, 2014.  (Sec. 103.003).

Deadline for county chair to post notices of changed polling places.  (Sec. 43.062).

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 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 7 prior to Calendar of Events.)  The test shall be conducted not later than 48 hours before voting begins on such voting systems, assuming that the voting system will first be used for voting on election day and has not been used for early voting in person.  (Secs. 1.006, 129.001 & 129.023).

Tuesday, March 4, 2014, PRIMARY ELECTION DAY (Sec. 41.007(a), (c))

Prior to opening the polls, presiding judge of each precinct must post at each entrance to the building a notice of the time and place for convening the precinct convention.  This notice must remain posted continuously through election day.  (Sec. 172.1111).

NOTE: For the date of the precinct, county, and state conventions, see Note 8 prior to Calendar of Events.

7:00 a.m. to 7:00 p.m. - Polls are open.  (Sec. 41.031(a)).  Voter registrar’s and early voting clerk's offices are open.  (Secs. 12.004(c), 83.002(2) & 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 voting machines are used at regular polling place(s) on election day 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.  (Secs. 104.001 & 104.003).  However, if the early voting ballots by mail are processed at a location other than the main early voting polling place, the early voting clerk may require the voting to be conducted at that location.  (Sec. 104.003).
5:00 p.m. -

Deadline for receiving applications for late early ballots to be voted by persons who became sick or disabled on or after Thursday, February 20, 2014 (12th day before election day).  (Sec. 102.003(b)).  See entries at Thursday, February 20, 2014, Friday, February 21, 2014, and Saturday, March 1, 2014.

7:00 p.m. - Deadline for receiving early ballots by mail and late early ballots cast by voters who became sick or disabled on or after Thursday, February 20, 2014 (12th day before election day).  (Secs. 86.007(a) & 102.006(c)).  (See late ballot exception to the by-mail rule under entry for March 10, 2014.)  See entries at Thursday, February 20, 2014, Friday, February 21, 2014, and Saturday, March 1, 2014.
7:00 p.m. -

County election officer begins transmitting results to Secretary of State and transmits continuously until results are final.  (Sec. 68.034).

Note on Receipt of Mail BallotsAll 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.  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. (Sec. 86.007(a)).  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, elections ordered by the governor, and a primary election (or the county judge in a year when the office of sheriff is on the ballot); 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, 87.023, 87.024 & 87.0241).

Exception: 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), 87.0222, 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, 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).

Transfer of Provisional Ballots to Voter Registrar Election Night: The county voter registrar may take possession of the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used) on election night (instead of on the next business day) by informing the custodian of election records and posting a notice of such election night transfer no later than 24 hours before election day.  Under this type of delivery, the voter registrar must go to the office of the custodian and pick up the ballot box(es) or transfer case(s) and associated forms.  (Sec. 65.052; 1 T.A.C.§§ 81.172 – 81.174 & 81.176).

Wednesday, March 5, 2014 (1st business day after primary election day)

Unless the county voter registrar has already taken possession of the provisional ballots prior to this date, the general custodian of election records must deliver the ballot box(es) or transfer case(es) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used), along with the Summary of Provisional Ballots and the List of Provisional Voters for each precinct to the  voter registrar by this day.  The general custodian of election records makes this delivery to the voter registrar during the voter registrar office’s regular business hours.  (Secs. 65.052, 65.053; 1 T.A.C. §§ 81.172 – 81.174 & 81.176).

NOTE: For the runoff primary election, if the voter registrar wants to take possession of the provisional ballots and forms on election night (Tuesday, May 27, 2014), the voter registrar must inform the custodian of the election records and post a notice of the election night transfer no later than 24 hours before election day.  However, under this type of delivery, the voter registrar must go to the office of the custodian of election records and pick up the provisional ballots and forms.  Also, note that the 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 T.A.C. §§ 81.172 – 81.174).

Friday, March 7, 2014 (3rd day after primary election day)

For districts using electronic voting systems, 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 Secretary of State or unless the voting system uses DRE voting machines.  (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(e)).

Monday, March 10, 2014 (6th day after primary election day)

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 primary election day.  (Sec. 86.007(d)(3)).  (The deadline is extended to the next regular business day which is Monday, March 10, 2014 due to the 5th day falling on Sunday, March 9, 2014.  (Sec. 86.007(d)(3)).

Last day for the early voting ballot board to reconvene (at any time after the last mail delivery on this date) to qualify and count any late ballots cast that were submitted from outside the United States, mailed by the close of polls on primary election day and received by Monday, March 10, 2014.  The time the board reconvenes is set by the presiding judge of the early voting ballot board.  (Secs. 86.007(d) & 87.125).

Last day to post notice of county executive committee’s meeting to canvass returns of primary election because canvass must take place on Thursday, March 13, 2014.  This notice must be posted at least 72 hours before the scheduled time of the meeting.  (Sec. 172.116; Secs. 551.002, 551.041 & 551.043, Texas Government Code).

Deadline for provisional voter to (1) present acceptable identification to county voter registrar; or (2) execute an affidavit relative to “natural disaster” or “religious objection” in presence of county voter registrar.  (Secs. 65.054 & 65.0541, as amended by Senate Bill 14, Chapter 123, 2011 Legislative Session; 1 T.A.C. §§ 81.172-81.174 & 81.176).

Deadline for county voter registrar to complete the review of provisional ballots.  (1 T.A.C. §§ 81.172 – 81.174 & 81.176).

Deadline for custodian of election records or presiding judge of the early voting ballot board to retrieve provisional ballots from county voter registrar.  (1 T.A.C. §§ 81.172 – 81.174 & 81.176).

NOTE: 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.) (U.S. Jun. 25, 2013).  In the opinion of the Texas Attorney General, https://www.oag.state.tx.us/oagnews/release.php?id=4435, the effect of that decision is to make immediately effective Senate Bill 14, Chapter 123, 82nd Legislature, 2011, popularly known as the “Voter ID” law.  In order to comply with the provisions of that law, the Secretary of State has amended the administrative rules relative to provisional voting (1 T.A.C. §§ 81.172 – 81.174 & 81.176) to extend the period of time for the county voter registrar to review provisional affidavits from three business days after election day to six calendar days after election day.

Tuesday, March 11, 2014 (7th day after primary election day; 2nd Tuesday in March)

Deadline for early voting ballot board to verify and count provisional ballots that were verified by the voter registrar.  (Sec. 65.051(a)).

Precinct conventions held for parties nominating by convention.  (Secs. 181.061(c) & 182.005).

Wednesday, March 12, 2014 (8th day after primary election day)

5:00 p.m. — Last day runoff primary candidates may withdraw from ballot.  (Sec. 172.059).

Deadline (at least 24 consecutive hours before drawing) for county chair to post notice of drawing for place on runoff primary ballot for county and precinct offices to take place immediately after the canvass.  Notice must be posted on the bulletin board used for posting notice of meetings of the commissioners court and on the party’s website, if the party maintains an Internet website.  (Sec. 172.084(d), (e), as amended by House Bill 3103, 2013 Legislative Session).

Thursday, March 13, 2014 (2nd Thursday after primary election day)

Local canvass of the general primary election by county executive committee must be conducted on this date.  (Sec. 172.116(b)).

Ballot drawing is conducted immediately following the local canvass for candidates involved in runoff primary election for county and precinct offices.  (Sec. 52.094).

Last day to post notice of state executive committee’s meeting to canvass returns of primary election because state canvass must take place on Sunday, March 16, 2014.  This notice must be posted at least 72 hours before the scheduled time of the meeting.  (Sec. 172.116; Secs. 551.002, 551.041 & 551.043, Texas Government Code).

Friday, March 14, 2014 (10th day after primary election day; 24 hours after local canvass)

Deadline for presiding judge of early voting ballot board to notify mail ballot voters of rejected ballots.  (Sec. 87.0431).

NOTE: Section 87.0431 requires notice to also be provided to email address of an overseas mail ballot voter if ballot was transmitted to the voter by email under Section 101.102.

Deadline for county chair to submit canvassed returns for statewide and district offices to state party chair.  (Secs. 67.007(d) & 172.119(b), as amended by House Bill 3103, 2013 Legislative Session).

NOTE: The state executive committee may adopt by rule an electronic submission system for delivery of county returns.  (Sec. 172.119(b), as amended by House Bill 3103, 2013 Legislative Session).

Deadline for state chairs and county chairs to submit itemized estimate and request for state funds to cover runoff primary expenses.  (Sec. 173.081(e)).  Notice of consolidation of county precincts, if any, must accompany the itemized estimate.  (Sec. 173.081(f)).

Saturday, March 15, 2014 (1st Saturday after 2nd Tuesday in March)

County convention for minor parties that are nominating candidates for single-county district, county, or precinct offices.  (Sec. 181.061(c)).

Sunday, March 16, 2014 (2nd Sunday after the primary election day)

Deadline for state executive committee to conduct state canvass for all races with potential runoffs (races with three or more candidates).  See entry under Wednesday, March 26, 2014.  State chair must certify these candidates for statewide and district offices for placement on runoff primary election ballot to county chair as soon as practicable after canvass is completed.  (Secs. 172.120(b)(1) & 172.121).

Monday, March 17, 2014 (1st day after state canvass of races with potential runoffs; 24 hours before ballot drawing; 71st day before runoff primary election)

Recommended deadline following state canvass on Sunday, March 16, 2014 for state chair to certify candidates for statewide and district offices for placement on runoff primary ballot.  (Sec. 172.121).

Recommended day for county chair to post notice of drawing for place on runoff primary ballot for statewide and district candidates to take place after the canvass.  (Sec. 172.084(d), (e), as amended by House Bill 3103, 2013 Legislative Session).  See entry at Sunday, March 16, 2014.  Notice must be posted on the bulletin board used for posting notice of meetings of the commissioners court and, if the party maintains an Internet website, on the party’s website.

Tuesday, March 18, 2014  (2nd day after state canvass of races with potential runoffs; 70th day before runoff primary election)

Recommended day for county primary committee to conduct ballot drawing at the county seat for place on runoff primary ballot for statewide and district candidates involved in runoff primary election after receiving certification from the state chair.  (Sec. 172.084(c)).

Recommended date for county chair to submit the runoff primary ballot format to primary committee for its approval immediately after drawing.  See entry at Thursday, March 13, 2014. 

Recommended date for primary committee to approve runoff primary ballot format.  (Sec. 172.083).

Recommended date for county chair to order runoff primary election ballots.  (Sec. 172.083).

Saturday, March 22, 2014 (2nd Saturday after 2nd Tuesday in March)

Minor parties will make nominations at the district convention for multi-county district offices.  (Sec. 181.061(b)).

Monday, March 24, 2014 (64th day before runoff primary election day, 11th day after local canvass)

Deadline for the presiding judge of the early voting ballot board to notify provisional voters whether their ballots were counted and if not, the reason why they were not counted. (Sec. 65.059; 1 T.A.C. §§ 81.172 - 81.174, 81.176).  (The deadline is extended to the next regular business day which is Monday, March 24, 2014 due to the 10th day falling on Sunday, March 23, 2014.)  (Sec. 1.006).

Tuesday, March 25, 2014 (63rd day before runoff primary election day, 21st day after primary election day)

Review Note 7 prior to Calendar of Events concerning testing of ballot programming, ballots, and voting equipment.

If required, partial manual count must be complete by this date.  (Sec. 127.201(a)).  See entry at Friday, March 7, 2014. 

Wednesday, March 26, 2014 (22nd day after primary election day)

Deadline for state executive committee to conduct the state canvass for races with no potential runoff.  (Sec. 172.120(b)(2)).  See entry under Sunday, March 16, 2014. 

Friday, March 28, 2014 (60th day before runoff primary election day)

First day of period for voter to submit an application for an early ballot by mail for the runoff primary.  The application is considered submitted at the time of receipt.  (Secs. 84.001(d), (e) & 84.007).  See entry at Friday, January 3, 2014.

NOTE: Election officials should check applications submitted for the March 4, 2014 primary election for timely requests for a runoff primary ballot.

Deadline for printers/vendors to register with the Secretary of State to print runoff primary ballots.  (Sec. 51.013).

Recommended last day to order any additional election supplies necessary for the runoff primary election.

Recommended last day for the county chair of each political party, with the approval of their respective county executive committees, to appoint presiding and alternate judges for each precinct in which the primary election will be held in the county, presiding judges for the early voting ballot board and the central counting station, and personnel for the central counting station.  (Secs. 32.006, 32.008, 87.002 & 127.002-127.005).  Written notice of the appointments must be given to the judges in accordance with Section 32.009 of the Texas Election Code.

Recommended last day for the county election officer to appoint presiding and alternate judges from the lists provided by each county chair and to appoint the election clerks in a joint primary election.  (Sec. 172.126(c)).  Written notice of the appointments must be given to the judges in accordance with Section 32.009 of the Texas Election Code.

General eligibility requirements for election judges and clerks are found in Subchapter C, Chapter 32 of the Texas Election Code.  General eligibility requirements for central counting station personnel are found in Sections 127.002-127.005 of the Texas Election Code.  The presiding judge appoints the clerks, but not more than the maximum set by the political party, consistent with Secretary of State’s primary finance rules; however, the alternate judge must serve as one of the clerks.  (Secs. 32.032 & 32.033).

Recommended date to order the lists of registered voters from the county voter registrar.  (Sec. 18.006).

Wednesday, April 2, 2014 (20th day after local canvass of primary election)

Deadline for county chair to deliver county executive committee’s primary election canvass tabulation to general custodian of election records for preservation in accordance with Section 66.058 of the Texas Election Code.  (Sec. 172.116(e)).

Deadline for county chair to deliver certification of nominees for county and precinct offices for places on the November General Election ballot to authority preparing the ballot (county election officer).  (Sec. 172.117(b)). 

NOTE:This will not include offices to be placed on the runoff primary election.

Deadline for county chair to deliver written notice (which may be given by electronic means or through an electronic submission system adopted by the state executive committee of the party) to the state chair and to the county election officer of the names of the persons elected as county chair and precinct chairs for the county.  (Sec. 172.118, as amended by House Bill 3103, 2013 Legislative Session).

Thursday, April 3, 2012 (30th day after primary election day)

Deadline for county chair to deliver to Secretary of State precinct returns of primary election for statewide offices and the offices of U.S. senator, U.S. representative, state senator, and state representative, including precinct-by-precinct returns for early voting.  Secretary of State shall create and maintain an electronic system for submission of the report.  (Secs. 67.017 & 172.124(b), as amended by House Bill 3103, 2013 Legislative Session).

Monday, April 7, 2014 (22nd day after state canvass of primary election)

Deadline for state chair to deliver state executive committee’s primary election canvass tabulation to Secretary of State for preservation in accordance with Section 66.058 of the Texas Election Code.  (Sec. 172.120(f)).  (The deadline is extended to the next regular business day which is Monday, April 7, 2014 due to the 20th day falling on Saturday, April 5, 2014.)  (Sec. 1.006).

Saturday, April 12, 2014 (45th day before runoff primary election day; 2nd Saturday in April)

Deadline for early voting clerk to mail ballots to military and overseas voters.  If the clerk cannot meet this 45th-day deadline, the clerk must notify Secretary of State within 24 hours.  If an FPCA is received after the 45th-day deadline, the ballot should be mailed not later than the 7th calendar day after the date the FPCA is received.  If an application for a ballot by mail is received after the 45th-day deadline from a voter who is not in the military or overseas, the ballot should be mailed not later  than the 7th calendar day after the date the application is accepted.  (Sec. 86.004(a), (b)).

NOTE: The 45th-day deadline under Section 86.004(b) is not extended by Section 1.006 to the next business day; the ballots covered by Section 86.004(b) should be sent out on or before Saturday, April 12, 2014.

Recommended deadline for county chair of party holding a runoff primary election to procure from voter registrar a set of precinct lists of registered voters (also supplemental lists and correction lists, if necessary) to deliver to county election officer for use in conducting early voting by mail and in person in the party’s runoff primary.  (Secs. 18.001(d) & 18.002-18.004).

State convention for minor party that is nominating candidates for statewide offices.  (Sec. 181.061(a), as amended by Senate Bill 817, 2013 Legislative Session).

Friday, April 25, 2014 (32nd day before runoff primary election day and 12th day before first day signature verification committee may convene)

Recommended date for early voting clerk to issue order calling for appointment of signature verification committee for the runoff primary election, if the early voting clerk determines that a committee is to be appointed.  (Sec. 87.027). 

If the signature verification committee will start meeting on Wednesday, May 7, 2014, recommended date early voting clerk should post copy of the order calling for appointment of the signature verification committee.  (Saturday, April 26, and Sunday, April 27, 2014 are the 10th and 11th days before the first day the committee may meet.)  The notice must remain posted continuously for at least 10 days before the first day the committee meets.  (Sec. 87.027).

Monday, April 28, 2014 (29th day before runoff primary election day)

Last day a person may submit an application to register to vote in the May 27, 2014 runoff primary election.  (Sec. 13.143).  (The deadline is extended to the next regular business day which is Monday, April 28, 2014, due to the 30th day falling on Sunday April 27, 2014.)  (Sec. 1.006).

NOTE: An FPCA submitted on or after September 1, 2009 will serve as a permanent voter registration application, unless the voter marked “indefinitely” (older form) or “do not intend to return” (newer form).  (Sec. 13.002(h)).

Last day a voter who has moved to a different election precinct within the county may submit a change of address to be eligible to vote (in the runoff primary) in the precinct of his or her new residence.  (Sec. 15.025).  (The deadline is extended to the next regular business day which is Monday, April 28, 2014, due to the 30th day falling on Sunday, April 27, 2014.)  (Sec. 1.006).

Wednesday, April 30, 2014 (5th day after recommended date to order signature verification committee)

If the early voting clerk issues order calling for appointment of signature verification committee, this is the deadline for the county chair to appoint the members to the committee.  See entry under Friday, April 25, 2014.  (Sec. 87.027).

Sunday, May 4, 2014 (61st day after primary election day)

First day the general custodian of election records may (1) require a person who has possession of a key that operates the lock on a ballot box containing voted ballots to return the key to the custodian; and (2) unlock the ballot box and transfer the voted ballots to another secure container for the remainder of the preservation period.  (Sec. 66.058(b)).  Please note that the custodian is not required by law to do this on Sunday, May 4, 2014; the custodian may choose to transfer the voted ballots to another secure container for the remainder of the preservation period on Monday, May 5, 2012 or a later date.

Tuesday, May 6, 2014 (21st day before runoff primary election day)

Last day for county chair to post notice of the runoff primary election on the commissioners court bulletin board.  (Secs. 4.003 & 172.1112).

Wednesday, May 7, 2014 (20th day before runoff primary election day)

Last day for a person to apply for a full ballot by mail using an FPCA, if the person is not a registered voter but meets the requirements under Title 2 of the Texas Election Code.  (Secs. 101.052(e) & 101.055(a)).  (If the voter marks the FPCA form indicating “indefinitely” (older form) or “do not intend to return” (newer form), the voter receives a federal-only ballot.)   Postmark with this date on the FPCA is proof that the applicant submitted the FPCA by this deadline.  See entry below for FPCA without postmark at the 15th day before runoff primary election day, May 12, 2014.  (Sec. 101.052(e), (i)).

First day that the signature verification committee, if one is appointed, may begin operating.  (Sec. 87.027).

Thursday, May 8, 2014 — Tuesday, May 20, 2014 (19th — 7th day before runoff primary election day)

A person submitting an FPCA during this period who is not registered to vote is not entitled to receive a ballot for any non-federal election held on Tuesday, May 27, 2014.  See entry below under Monday, May 12, 2014 (FPCA without a postmark).  (Secs. 101.052(g) & 114.004(c)).

NOTE: Section 84.007(c), as amended by Senate Bill 910, 2013 Legislative Session, 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 as prescribed in Sections 101.052(g) and 114.004(c) of the Texas Election Code.

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 the early voting clerk’s use (mailing ballots, etc.) and records unless the voter marked “indefinitely” (older form) or “do not intend to return” (newer form), in which case, it will not serve as a permanent registration.  (Sec. 101.055; 1 T.A.C. § 81.40).

Overseas (non-military) voters marking the FPCA as “indefinitely” (older form) or “do not intend to return” (newer form) receive a federal ballot only regardless of the date filed.  (See Chapter 114).  A person submitting an FPCA during this period is entitled to receive a federal ballot only (no state, district, or county offices), if not already a permanent registered voter.  (Sec. 101.052(f)).

Monday, May 12, 2014 (15th day before runoff primary election day)

If an FPCA 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 if the applicant is not already a permanent registered voter, but meets the requirements under Title 2 of the Texas Election Code.  (Sec. 101.052(i)).

Deadline to notify election judges of duty to hold election (Writ of Election). Written notice must be given to the presiding judge of the duty to hold the election, purpose of election, the election date, location of the polling place, hours the polls are open, and the number of clerks to be appointed.  (Sec. 4.007). 

Wednesday, May 14, 2014 (13th day before runoff primary election day;

Last day to publish notice of L&A test if test is to be conducted on Friday, May 16, 2014 because notice must be published 48 hours before test begins.  (Sec. 129.023).

Thursday, May 15, 2014 (12th day before runoff primary election day)

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, 2013 Legislative Session, 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 the primary election.  See entry at Friday, May 16, 2014.

Friday, May 16, 2014 (11th day before runoff primary election; last business day 48 hours before start of early voting in person)

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, 2013 Legislative Session).  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 extended to the preceding regular business day which is Friday, May 16, 2014 due to the 9th day falling on Sunday, May 18, 2014.)

NOTE ON NEW LAW: Section 84.007(c) (as amended by Senate Bill 910, 2013 Legislative Session) 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.

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 Secretary of State) used in early voting.  We highly recommend that this test be done on an earlier date to allow time for corrections to programming, if necessary.  (See Note 7 prior to Calendar of Events.)  The test shall be conducted not later than 48 hours before voting begins on such voting systems, assuming that the voting system will first be used for early voting in person.  (Sec. 129.023).

Saturday, May 17, 2014 (10th day before runoff primary election day)

If, in a county with a population of 100,000 or more, delivery of early voting ballots and materials will be made to the early voting ballot board between the ninth day before runoff primary election day and the opening of the polls on runoff primary election day, notice must be posted of such delivery 24 hours in advance.  (Sec. 87.0222 & 87.0241).  See entry under Tuesday, May 27, 2014.

Monday, May 19, 2014 — Friday, May 23, 2014 (8th — 4th day before runoff primary election day)

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 during early voting for the runoff primary election.  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 required temporary branch locations (created under Section 85.062(d) of the Texas Election Code) if a written request signed by 15 registered voters was filed by Wednesday, May 14, 2014.  Please note there is a 5-day notice posting requirement if the early voting clerk received petition requesting these extended hours. (Secs. 85.005(c), 85.063, 85.064 & 85.067).

In counties with a population of less than 100,000, the early voting clerk must keep the main polling place open for 12 hours each day for the primary election if 15 or more registered voters petition the county for the extended 12-hour schedule.  (Secs. 85.005(c) & 85.067).

Monday, May 19, 2014 (day before the last day to apply for a ballot by mail; 8th day before runoff primary election day)

First day to vote early in person.  (Sec. 85.001).

NOTE: The early voting period for the runoff primary election begins 10 days prior to election day, but because this day falls on a weekend (Saturday, May 17, 2014), it is extended to the next regular business day Monday, May 19, 2014. (Sec. 85.001(b), (c)).

NOTE: About branch early voting in a primary election: 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 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.  (Sec. 85.062(e)).

If early voting by personal appearance is required to be conducted for extended hours or for weekend hours, the county voter registrar’s office is required to remain open for providing voter registration information during the extended hours or weekend hours that the main early voting polling place is open for voting.  (Secs. 12.004(d), 85.005(c) & 85.006(e)).

First day in counties with a population of 100,000 or more that early voting ballot boards may be convened and have delivered to them by mail ballots to begin processing and qualifying mail ballots; however, the mail ballots may not be counted until the end of the period for early voting in person and results may not be released until the polls close on election day.  (Secs. 87.0221, 87.0222, 87.023, 87.024, 87.0241 & 87.042).  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.  (Sec. 87.0222).

If county election precincts are consolidated, county chair must post at the polling place used in the preceding general election for state and county officers a notice of consolidation and location of the polling place.  For purposes of conducting a runoff primary election, the “preceding general election” is the preceding primary election.  (Secs. 4.003(b) & 172.1112).  (The deadline is extended to the next regular business day which is Monday, May 19, 2014 due to the 10th day falling on Saturday, May 17, 2014.)  (Sec. 1.006).

Tuesday, May 20, 2014 (7th day before runoff primary election day)

Last day to receive an FPCA from a voter.  If the voter is not registered in the county, the voter is eligible for a ballot containing federal offices only.  (Secs. 101.052(g) & 114.004(c)).

NOTE: Section 84.007(c), as amended by Senate Bill 910, 2013 Legislative Session, 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 as prescribed in Sections 101.052(g) and 114.004(c) of the Texas Election Code.

Wednesday, May 21, 2014 (4th business day before runoff primary election day)

Last day for Secretary of State to receive requests for state election inspectors for runoff primary election. (Sec. 34.001).

Deadline to publish notice of the first test of the automatic tabulating equipment, if the test is to be conducted as recommended on Friday, May 23, 2014.  The notice must be published at least 48 hours before the test.  (Secs. 127.093 & 127.096).

Thursday, May 22, 2014 (day before the last day of early voting in person; 5th day before runoff primary)

A voter who will be absent from his county of residence due to a death of an immediate family member occurring on or after this day may apply for a late ballot.  Application may be made after the last day of early voting in person, up to the close of business on the day before runoff primary election day.  (Secs. 103.001 & 103.003).  See entry under Saturday, May 24, 2014.

If delivery of early voting ballots and materials will be made to the early voting ballot board between the end of the period for early voting by personal appearance and the opening of the polls on runoff primary election day (see Note in entry under May 27, 2014), notice must be posted of such delivery 24 hours in advance.  (Secs. 87.0221, 87.0222, 87.023, 87.024 & 87.0241).

Friday, May 23, 2014 (4th day before runoff primary election day)

Last day to vote early in person in the runoff primary election. (Sec. 85.001(b)).

First day for voter registrar or elections administrator to return the list of registered voters used in first primary to the county chair if it is to be used for the runoff primary election.  (Sec. 172.115(b)).

Recommended date to conduct first test of automatic tabulating equipment, if not done already.  Test must be conducted at least 48 hours before ballots will be counted.  The notice of the test must be published at least 48 hours before the test.  (Secs. 127.093 & 127.096).

Saturday, May 24, 2014 (day after last day of early voting in person; 3rd day before runoff primary election day)

First day to submit an application for and vote a late ballot because of a death in the immediate family that occurred on or after Thursday, May 22, 2014 (“the day before the last day for early voting by personal appearance”), and will require absence from the county on election day.  May submit application through May 26, 2014, the day before runoff primary election day.  (Secs. 103.001 & 103.003(b)).

First day to submit an application for and vote a late ballot because of sickness or disability that arose on or after Thursday, May 15, 2014.  May submit application through 5:00 p.m. on runoff primary election day.  (Secs. 102.001 & 102.003).

Counties with a population of 100,000 or more and using electronic voting equipment may begin counting ballots voted in person or by mail during the early voting period.  (Sec. 87.0241(b); 1 T.A.C. § 81.86).

Early voting ballot board in all counties may meet to process ballots but may not begin actually counting ballots unless the county has a population of 100,000 or more.  (Sec. 87.0241).

Last day to publish notice 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 Secretary of State) used for the first time on election day, if test will be held on Monday, May 26, 2014.  The last date to perform this test is Monday, May 26, 2014.  Notice of the public L&A test must be published at least 48 hours before the test begins.  (Secs. 1.006, 129.001 & 129.023).

Monday, May 26, 2014 (day before runoff primary election day; 75th day after certain minor party precinct conventions)

Last day to submit an application for and vote a late ballot by personal appearance due to death in immediate family that occurred on or after Thursday, May 22, 2014.  (Sec. 103.003).

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

Deadline for county chair to post notices of changed polling places.  (Sec. 43.062).

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 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 7 prior to Calendar of Events.)  The test shall be conducted not later than 48 hours before voting begins on such voting systems, assuming that the voting system will first be used for voting on election day and has not been used for early voting in person.  (Secs. 1.006, 129.001 & 129.023).

Last day minor party chairs, of parties making nominations for county and precinct offices only, may submit petitions and precinct convention lists to the county election officer for placement on the ballot.  (Secs. 182.003, 182.004 & 182.005).

Tuesday, May 27, 2014 (4th Tuesday in May) RUNOFF PRIMARY ELECTION DAY (Sec. 41.007(b)).

7:00 a.m. to 7:00 p.m. - Polls are open.  (Sec. 41.031(a)).  Voter registrar’s and early voting clerk's offices are open.  (Secs. 12.004(c), 83.002(2) & 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 voting machines are used at regular polling place(s) on election day 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.  (Secs. 104.001 & 104.003).  However, if the early voting ballots by mail are processed at a location other than the main early voting polling place, the early voting clerk may require the voting to be conducted at that location.  (Sec. 104.003).
5:00 p.m. -

Deadline for receiving applications for late ballots to be voted by persons who became sick or disabled on or after Thursday, May 15, 2014 (12th day before runoff primary election day).  (Secs. 84.007(c), as amended by Senate Bill 910, 2013 Legislative Session, 102.001 & 102.003(b)).  See entries at Thursday, May 15, 2014 and Friday, May 16, 2013.

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, May 15, 2014 (12th day before runoff election day).  (Secs. 84.007(c), as amended by Senate Bill 910, 2013 Legislative Session, 86.007(a) & 102.006(c)).  (See late ballot exception to the by-mail rule under entry for June 3, 2014).  See entries at Thursday, May 15, 2014 and Friday, May 16, 2013.
7:00 p.m. -

County election officer begins transmitting results to Secretary of State and transmits continuously until results are final.  (Sec. 68.034).

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.  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. (Sec. 86.007(a)).  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, elections ordered by the governor, and a primary election (or the county judge in a year when the office of sheriff is on the ballot); 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, 87.023, 87.024 & 87.0241).

Exception: 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), 87.0222, 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, 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).

Transfer of Provisional Ballots to Voter Registrar Election Night: The county voter registrar may take possession of the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used) on election night (instead of on the next business day) by informing the custodian of election records and posting a notice of such election night transfer no later than 24 hours before election day.  Under this type of delivery, the voter registrar must go to the office of the custodian and pick up the ballot box(es) or transfer case(s) and associated forms.  (Sec. 65.052; 1 T.A.C.§§ 81.172 – 81.174 & 81.176).

Wednesday, May 28, 2014 (1st business day after runoff primary election day)

Unless the county voter registrar has already taken possession of the provisional ballots prior to this date, the general custodian of election records must deliver the ballot box(es) or transfer case(es) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used), along with the Summary of Provisional Ballots and the List of Provisional Voters for each precinct to the  voter registrar by this day.  The general custodian of election records makes this delivery to the voter registrar during the voter registrar office’s regular business hours.  (Secs. 65.052, 65.053; 1 T.A.C. §§ 81.172 – 81.174, 81.176).

NOTE: If the voter registrar wants to take possession of the provisional ballots and forms on election night (Tuesday, May 27, 2014), the voter registrar must inform the custodian of the election records and post a notice of the election night transfer no later than 24 hours before election day.  However, under this type of delivery, the voter registrar must go to the office of the custodian of election records and pick up the provisional ballots and forms.  Also, note that the 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 T.A.C. §§ 81.172 – 81.174).

Thursday, May 29, 2014 (75th day after certain minor party precinct conventions)

Last day minor party chairs, of parties making nominations for state, district, county and precinct offices, may submit petitions and precinct convention lists to Secretary of State for placement on the ballot.  (Secs. 181.005(a), 181.006(b)(3) & 181.061(c)).

Friday, May 30, 2014 (3rd day after runoff primary election day)

For districts using electronic voting systems, 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 Secretary of State or unless the voting system uses DRE voting machines.  (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(e)).

Monday, June 2, 2014 (6th day after runoff primary election day)

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 runoff primary election day.  (Sec. 86.007(d)(3)).  (The deadline is extended to the next regular business day which is Monday, June 2, 2014 due to the 5th day falling on Sunday, June 1, 2014.  (Sec. 86.007(d)(3)).

Last day for the early voting ballot board to reconvene (at any time after the last mail delivery on this date) to qualify and count any late ballots cast that were submitted from outside the United States, mailed by the close of polls on runoff primary election day and received by Monday, June 2, 2014.  The time the board reconvenes is set by the presiding judge of the early voting ballot board.  (Secs. 86.007(d) & 87.125).

Deadline for provisional voter to (1) present acceptable identification to county voter registrar; or (2) execute an affidavit relative to “natural disaster” or “religious objection” in presence of county voter registrar.  (Secs. 65.054 & 65.0541, as amended by Senate Bill 14, Chapter 123, 2011 Legislative Session; 1 T.A.C. §§ 81.172-81.174 & 81.176).

Deadline for county voter registrar to complete the review of provisional ballots.  (1 T.A.C. §§ 81.172 – 81.174 & 81.176).

Deadline for custodian of election records or presiding judge of the early voting ballot board to retrieve provisional ballots from county voter registrar.  (1 T.A.C. §§ 81.172 – 81.174 & 81.176).

NOTE: 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.) (U.S. Jun. 25, 2013).  In the opinion of the Texas Attorney General, https://www.oag.state.tx.us/oagnews/release.php?id=4435, the effect of that decision is to make immediately effective Senate Bill 14, Chapter 123, 82nd Legislature, 2011, popularly known as the “Voter ID” law.  In order to comply with the provisions of that law, the Secretary of State has amended the administrative rules relative to provisional voting (1 T.A.C. §§ 81.172 – 81.174 & 81.176) to extend the period of time for the county voter registrar to review provisional affidavits from three business days after election day to six calendar days after election day.

Last day to post notice of county executive committee’s meeting to canvass returns of runoff primary election because canvass must take place on Thursday, June 5, 2014.  This notice must be posted at least 72 hours before the scheduled time of the meeting.  (Sec. 172.116; Secs. 551.002, 551.041 & 551.043, Texas Government Code).

Tuesday, June 3, 2014 (7th day after runoff primary election day)

Deadline for early voting ballot board to verify and count provisional ballots that were verified by the voter registrar.  (Sec. 65.051(a)).

Thursday, June 5, 2014 (2nd Thursday after runoff primary election day)

Local canvass of the runoff primary election by county executive committee must be conducted on this date at the county seat and at a time specified by the county chair.  (Sec. 172.116(b)).  

Friday, June 6, 2014 (10th day after runoff primary election day; 24 hours after local canvass)

Deadline for presiding judge of early voting ballot board to notify mail ballot voters of rejected ballots.  (Sec. 87.0431).

NOTE: Sec. 87.0431 requires notice to also be provided to email address of an overseas mail ballot voter if ballot was transmitted to the voter by email under Section 101.102 of the Texas Election Code.

Deadline for county chair to submit canvassed returns for statewide and district offices to state party chair.  The state executive committee may adopt by rule an electronic submission system for delivery of the county returns.  (Secs. 67.007(d) & 172.119(b), as amended by House Bill 3103, 2013 Legislative Session).

Saturday, June 14, 2014 (3rd Saturday after runoff primary election day)

Deadline for state executive committee to conduct state canvass.  (Sec. 172.120).

Monday, June 16, 2014 (11th day after local canvass; 20th day after runoff primary election day)

Deadline for the presiding judge of the early voting ballot board to notify provisional voters whether their ballots were counted and if not, the reason why they were not counted.  (Sec. 65.059; 1 T.A.C. §§ 81.172 – 81.174 & 81.176).  (The deadline is extended to the next regular business day which is Monday, June 16, 2014 due to the 10th day falling on Sunday, June 15, 2014.)  (Sec. 1.006).

New party officers take office.  (Sec. 171.022(c)).

Tuesday, June 17, 2014 (21st day after runoff primary election day)

Last day to complete partial manual count (see entry at Friday, May 30, 2014).  (Sec. 127.201(a)).

Wednesday, June 25, 2014 (20th day after local canvass)

Deadline for county chair to deliver county executive committee's tabulation of precinct election returns to general custodian of election records (county election officer).  (Sec. 172.116(e)).

Deadline for county chair to deliver to the county election officer the certification of nominees elected in the runoff primary election for county and precinct offices for placement on the general election ballot.  (Sec. 172.117(b)).

Deadline for county chair to deliver notice of persons elected as party officers (county and precinct chairs, as applicable) following the runoff primary election to state chair and county election officer.  The notice may be given by electronic means or through an electronic submission system adopted by the state executive committee of the party.  (Sec. 172.118(a), as amended by House Bill 3103, 2013 Legislative Session).

Thursday, June 26, 2014 (30th day after runoff primary election day)

Deadline for county chair to deliver to Secretary of State precinct returns of runoff primary election for statewide offices and the offices of U.S. senator, U.S. representative, state senator, and state representative, including precinct-by-precinct returns for early voting.  Secretary of State shall create and maintain an electronic system for submission of the report.  (Secs. 67.017 & 172.124(b), as amended by House Bill 3103, 2013 Legislative Session).

Deadline for county chair to file report of the actual expenses of the general primary election and runoff election (Final Cost Report) with Secretary of State.  (Sec. 173.084).  Any surplus remaining in a county primary fund account after payment of approved expenses must be remitted to Secretary of State after final payment from the fund but not later than July 1st.  (Sec. 173.0851).  The county chair is not entitled to final payment unless precinct-by-precinct returns have been received by Secretary of State.

Monday, July 7, 2014 (23rd day after state canvass of runoff primary election)

Deadline for state chair to deliver state executive committee's tabulation to Secretary of State and to certify list of candidates for statewide and district offices who received the necessary votes for nomination at the runoff primary election to Secretary of State, if state executive committee canvassed on June 14, 2014.  (Secs. 172.120(f), 172.122).  (The deadline is extended to the next regular business day which is Monday, July 7, 2014 due to the 20th day falling on Friday, July 4, 2014, a legal holiday, followed by Saturday and Sunday.)  (Sec. 1.006).

Wednesday, July 16, 2014 (30th day after term of party office starts)

Deadline by which former county chair must transfer party bank accounts and records to new county chair; it is a Class C misdemeanor if the former county chair fails to transfer the records.  (Sec. 171.028).

Sunday, July 27, 2014 (61st day after runoff primary election day)

First day the general custodian of election records may (1) require a person who has possession of a key that operates the lock on a ballot box containing voted ballots to return the key to the custodian; and (2) unlock the ballot box and transfer the voted ballots to another secure container for the remainder of the preservation period.  (Sec. 66.058(b)).  Please note that the custodian is not required by law to do this on Sunday, July 27, 2014; the custodian may choose to transfer the voted ballots to another secure container for the remainder of the preservation period on Monday, July 28, 2014 or a later date.

January 2016 (Twenty-two (22) months after 2014 primary election day)

Contents of ballot box(es) may be destroyed if no contest or criminal investigation has arisen (Secs. 66.058 and 1.013; 42 U.S.C. 1974), and if no open records request has been filed (Tex. Att'y Gen. ORD-505 (1988)).

March 2016 (Twenty-two (22) months after 2014 runoff primary election day; two years after 2014 primary election day)

Contents of ballot box(es) may be destroyed if no contest or criminal investigation has arisen (Secs. 66.058 and 1.013; 42 U.S.C. 1974) and if no open records request has been filed (Tex. Att'y Gen. ORD-505 (1988)).

Voter registrar must retain list of registered voters for the primary election for two years after election day (in non-presidential election).  (Sec. 18.011(b)).

Candidate applications must be retained by the county chair for two years (24 months) after date of primary election.  (Sec. 141.036).

May 2016 (Two years after 2014 runoff primary election day)

Voter registrar must retain list of registered voters for the runoff primary election for two years after election day (in non-presidential election).  (Sec. 18.011(b)).

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