Election Advisory 2011-15
2012 Primary Election Calendar
This is the calendar used primarily for the 2012 primary elections. For deadlines affecting all candidates, refer to our online 2012 Candidates’ Guide Important Dates calendar.
Senate Bill 100, Chapter 1318, 82nd Legislature, 2011 (“SB 100”), in addition to making other significant changes in the Election Code, moved up the candidate filing deadline for the primary elections to December 12, 2011 and changed the runoff primary election date to May 22, 2012. However, on November 4, 2011, the U.S. District Court for the Western District of Texas, San Antonio Division, issued an order in the federal redistricting case (“federal court order”) moving the first day to file to November 28, 2011 and making the deadline December 15, 2011, as well as altering other deadlines, with a small amended order on November 7, 2011 to correct a clerical error. The federal court order changes are reflected in this amended calendar. Please note that both SB 100 and the federal court order, respectively, have the effect of altering other deadlines that are based on the candidate filing deadline or runoff primary election date.
Note on Campaign Information
Under Title 15 of the Election Code, candidates must file campaign contribution and expenditure reports. For further information and all questions about such disclosure filings, campaign finance, and political advertising, please contact the Texas Ethics Commission at 201 E. 14th, 10th Floor, Austin, Texas 78701 (or call 512-463-5800 or visit their website). Candidates filing for federal offices should contact the Federal Elections Commission toll-free at 1-800-424-9530 or visit their website.
Testing of Electronic 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. If you will be using automatic tabulating equipment to count your mail ballots, we recommend proofing your ballots and testing your automatic tabulating equipment as soon as possible, as well. In both instances, early testing will allow adequate time to locate any errors and make any necessary corrections in ballot programming. We also suggest that you have candidates proof their names and offices before finalizing the ballot to avoid the necessity for last minute ballot corrections. A notice of the first automatic tabulating equipment test must be published by the custodian of the equipment at least 48 hours before the date of the test.
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.
Note on Statutory References
Unless otherwise indicated, all references are to the Texas Election Code.
Thursday, September 8, 2011 (180th day before primary election day)
First day to accept applications for state write-in ballots for March 6, 2012 primary election. (Sec. 105.002).
Tuesday, September 13, 2011 (90th day before regular filing deadline – Original Date)
First day to file an application for the office of precinct chair. (Sec. 172.023(b)).
NOTE: Under the federal court order an application for the office of precinct chair is not invalid if filed more than 90 days before the end of the new filing period, December 15, 2011.
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).
Thursday, October 13, 2011 (30th day before first day of regular filing period) Shifted by federal court order to November 11, 2011
November 2011
The Secretary of State must deliver to each state and county chair rules regarding primary election financing. (Sec. 173.010).
Monday, November 7, 2011 (72 hours before meeting date of county election official and county chairs)
If meeting is to be held on November 10, 2011, county election official must deliver written notice of time and place of meeting between county election official and county chair on or before this date (see entry under November 10, 2011). Notice may be delivered by U.S. mail, electronic mail, or other method of written communication. (Sec. 31.124, NEW LAW, HB 1136, 2011 Legislative Session).
Thursday, November 10, 2011
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 manually counting of early voting ballots. (Sec. 31.124, NEW LAW, HB 1136, 2011 Legislative Session).
Recommended date by which county chairs who wish to conduct a joint primary should meet with the county election official 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 official 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.
Friday, November 11, 2011 (Shifted by federal court order from October 13, 2011)
Deadline for county chairs and state chairs to post notice of the dates of the candidate filing period in a public place in a building in which the chair has an office.
Saturday, November 12, 2011 (30th day before regular filing deadline) Shifted by federal court order to November 28, 2011
Saturday, November 19, 2011 (30th day before write-in deadline – Unchanged by federal court order)
First day to file declaration of write-in candidacy for county or precinct chair. (Secs. 146.025 & 171.0231).
Monday, November 28, 2011 (Shifted by federal court order from November 12, 2011)
First day to file an application for a place on the primary ballot for an office other than precinct chair.
December 2011
Recommended time frame in which commissioners court should approve resolution to have a joint primary (see entry under November 10, 2011). (Sec. 172.126(a)).
Wednesday, December 7, 2011 (5th day before regular filing deadline) (Shifted by federal court order to December 10, 2011)
Saturday, December 10, 2011 (Shifted by federal court order from December 7, 2011)
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.
Sunday, December 11, 2011 (last day before regular filing deadline) (Shifted by federal court order to December 14, 2011)
Monday, December 12, 2011 (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. (Sec. 172.023(a), NEW LAW, SB 100). Postmark by this deadline without actual receipt by the state or county chair is not sufficient. (Sec. 172.021(c)). Shifted by federal court order to December 15, 2011
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 official if joint primary election is going to be conducted. (Sec. 172.126(c)).
Wednesday, December 14, 2011 (Shifted by federal court order from December 11, 2011)
Deadline for the county chair (or secretary of the county executive committee) to post a notice on the bulletin board used for posting notices of the commissioners court’s meetings, 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.
NOTE: If the party secretary is accepting applications at a second location in addition to the party chair, the notice must include both locations.
Thursday, December 15, 2011 (Shifted by federal court order from December 12, 2011)
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. Postmark by this deadline without actual receipt by the state or county chair is not sufficient. (Sec. 172.021(c)).
Friday, December 16, 2011 (81st 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. Shifted by federal court order from December 13, 2011.
Deadline for state executive committee to set date, hour, and place for convening state convention. (Sec. 174.092(b), NEW LAW, HB 2194, 2011 Legislative Session).
NOTE: Under NEW LAW, HB 2194, 2011 Legislative Session, the biennial state convention may be convened on any day in June or July.
Monday, December 19, 2011 (5th 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. (Sec. 171.0231(d), NEW LAW, SB 100 & HB 1904, 2011 Legislative Session).
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 on or before December 10, 2011. (Sec. 202.004(b), amended by proposed rule 1 T.A.C. § 81.420 (36 Tex. Reg. 4749-4862, July 29, 2011), promulgated under NEW LAW, SB 100). This date remains fixed by federal court order.
Deadline for candidates for precinct chair of a political party or a precinct office defined in Sec. 52.092(f) (i.e., county commissioner, justice of the peace, and constable) to correct precinct designations for such who filed by the December 15th deadline. We would encourage such candidates to file a new application for place on the ballot with the corrected precinct number. Added by federal court order.
Deadline for chair to post notice on commissioners court bulletin board of the date, hour, and place of ballot drawing if the ballot drawing is conducted on December 20, 2011. (Sec. 172.082(e)).
Deadline for state chair to deliver certified list of statewide and multi-county district candidates to each county chair. Shifted by federal court order from December 16, 2011.
Tuesday, December 20, 2011 (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), NEW LAW, SB 100).
Last day for county executive committee to set date, hour and place to convene precinct conventions. (Sec. 174.022(b), NEW LAW, HB 2817, 2011 Legislative Session).
NOTE: NEW LAW, HB 2817, 2011 Legislative Session, amends Section 174.022 to provide that precinct conventions may be held in the regular county election precincts on the primary election day or on a date determined by the county executive committee that occurs not later than the 5th day after the date of the general primary election. If the precinct convention is held on primary election day, the hour set for convening may not be earlier than 7:00 p.m. or later than 9:00 p.m., but the convention may not convene until the last voter has voted at the precinct polling place. If the precinct conventions are held on a day other than primary election day, the county executive committee shall set the hour for convening or a time frame in which the conventions must convene.
Thursday, December 22, 2011 (10th day after regular filing deadline; 75th day before primary election day)
Deadline for county chair to deliver copies of the list of candidates (including candidates for county and precinct chair) to the county election official, the state chair, and the Secretary of State. (Sec. 172.029(c), NEW LAW, HB 3270, 2011 Legislative Session). This date remains fixed by federal court order.
Deadline for state chair to deliver his or her list of candidates to the Secretary of State. (Sec. 172.029(c)).
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.
Last recommended day for a county chair to submit changes affecting voting to U.S. Department of Justice for preclearance. The federal Voting Rights Act of 1965 requires that any change in any "standard, practice, or procedure with respect to voting" be submitted to the U.S. Department of Justice for preclearance. Changes in election precincts, polling places, and various other actions require preclearance. Under Section 5, any change in a voting practice or procedure is legally unenforceable until the U.S. Attorney General (or a federal court in the District of Columbia) determines that the change does not have the purpose, or will not have the effect, of discriminating against racial or language minority group members.
The Attorney General of the U.S. Department of Justice has 60 days in which to interpose an objection to a submitted change affecting voting. Therefore, if the county executive committee has not already reviewed actions since the last primary elections to see if any changes must be submitted for preclearance, this should be done as soon as possible. If changes need to be made at the last minute, the Justice Department may be able to give the submission expedited consideration.
Procedure: Send your submissions to the following address:
| For All U.S. Postal Service Mail: CHIEF, VOTING SECTION CIVIL RIGHTS DIVISION ROOM 7254-NWB DEPARTMENT OF JUSTICE 950 PENNSYLVANIA AVE., N.W. WASHINGTON, D.C. 20530 |
For All Overnight Express Services: CHIEF, VOTING SECTION CIVIL RIGHTS DIVISION ROOM 7254-NWB DEPARTMENT OF JUSTICE 1800 G STREET, N.W. WASHINGTON, D.C. 20006 |
IMPORTANT: The envelope of any submission must be clearly marked as follows: SUBMISSION UNDER SECTION 5, VOTING RIGHTS ACT, and your return address must be clearly indicated. The Department of Justice’s toll-free telephone number is 1-800-253-3931 or call direct 202-307-2767. Their fax numbers are: 202-307-3961 or 202-616-9514.
NOTE: The U.S. Department of Justice also accepts preclearance submissions online, via their website. This option and more information are available on their website.
Wednesday, December 28, 2011 (69th day before primary election date)
Note on Ballot Testing: We recommend that you proof and test your ballot programming as soon as possible. If you will be using automatic tabulating equipment to count your mail ballots, we recommend proofing your ballots and testing your automatic tabulating equipment as soon as possible, as well. In both instances, early testing will allow adequate time to locate any errors and make any necessary corrections in ballot programming. A notice of the first automatic tabulating equipment test must be published by the custodian of the equipment at least 48 hours before the date of the test.
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.
Monday, January 2, 2012
5:00 p.m. — Last day minor party candidates may file applications to be nominated by convention (Sec. 181.033).
Wednesday January 4, 2012 (62nd day before primary election day)
Recommended last day to order election supplies (other than ballots).
Friday, January 6, 2012 (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 to print primary ballots. (Sec. 51.013).
Recommended last day for the county chair of each political party to appoint presiding and alternate judges, with the approval of their respective county executive committees, for each precinct in which the primary election will be held in the county. (Secs. 32.006 & 32.008).
Recommended last day for the county election official 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)).
General eligibility requirements for election judges and clerks are found in Subchapter C, Chapter 32. The presiding judge appoints the clerks, but not more than the maximum set by the political party; however, the alternate judge must serve as one of the clerks. (Secs. 32.032 & 32.033).
Saturday, January 21, 2012 (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 the 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), NEW LAW, SB 100).
NOTE: It should not be assumed that the 45th-day deadline under Section 86.004(b) is 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 21, 2012.
County chair of party holding a primary election procures from voter registrar a set of precinct lists of registered voters (also supplemental lists and correction lists, if necessary) to deliver to county election official 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).
Monday, January 23, 2012 (43rd 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)).*
*Since the statutory deadline falls on Saturday, January 21, 2012, the deadline is moved to the 43rd day before primary election day, the next business day. (Sec. 1.006).
Monday, February 6, 2012 (29th day before primary election day)
Last day a person may submit an application to register to vote in March 6, 2012 primary election. (Sec. 13.143).*
NOTE: An FPCA submitted on or after September 1, 2009 will serve as a permanent voter registration application, unless the application states that the applicant is residing outside the United States indefinitely. (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).*
Recommended last day state chairs may file party rules with the Secretary of State. (Secs. 163.005 & 163.006).*
*Since the statutory deadline falls on Sunday, February 5, 2012, the deadline is moved to the 29th day before primary election day, the next business day. (Secs. 1.006, 13.143(e) & 15.025(d)).
NOTE: NEW LAW, HB 2817, 2011 Legislative Session, amends Section 174.022. The precinct conventions may be held on primary election day or on a date no later than the 5th day after primary election day. One of the effects of this amendment is to extend the deadline under Section 163.006(a), which currently provides that a rule on electoral affairs that is to become effective in a year in which the party will hold precinct conventions must be filed with the Secretary of State not later than the 30th day before the date of convening the precinct conventions. However, because the precinct conventions are no longer limited to the primary date, the state chairs are encouraged to file rules on electoral affairs with the Secretary of State no later than the 30th day before primary election day.
Tuesday, February 14, 2012 (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 15, 2012 (20th day before primary election day)
Last day for a person who is not already a permanent registered voter to submit an FPCA to receive a full 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 21, 2012.) (Sec. 101.052(e), (i), renumbered by NEW LAW, SB 100).
Thursday, February 16, 2012 — Tuesday, February 28, 2012 (19th — 7th day before primary election day)
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), renumbered by NEW LAW, SB 100).
Tuesday, February 21, 2012 (14th day before primary election day)
Early voting by personal appearance begins on this day. (Sec. 85.001).*
If early voting by personal appearance is required to be conducted for extended hours or for weekend hours, 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 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 Election Code. (Sec. 101.052(i), renumbered by NEW LAW, SB 100).**
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.**
*Since the 17th day before primary election day falls on Saturday, February 18, 2012, and Monday, February 20, 2012 is a national and state holiday (Presidents’ Day), early voting will begin on Tuesday, February 21st, the next business day. (Sec. 85.001(c)).
**Since the statutory deadline falls on Monday, February 20, 2012, a national and state holiday, the deadline is moved to the 14th day before primary election day, the next business day. (Sec. 1.006).
Wednesday, February 22, 2012 (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 commissioners court 72 hours preceding first hour that early voting on Saturday, February 25, 2012 will be conducted. (Sec. 85.007(b), (c)).
Thursday, February 23, 2012 (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 commissioners court 72 hours preceding first hour that early voting on Sunday, February 26, 2012 will be conducted. (Sec. 85.007(b), (c)).
If defective application to vote early by mail in the primary election is received on or before this date, early voting clerk mails a new application back to voter with explanation of defects and instructions for submitting new application by the deadline. For defective applications received after this date and before end of early voting by personal appearance, early voting clerk mails only notice of defect and statement that voter is not entitled to vote early by mail unless he or she submits a sufficient application by the deadline. (Sec. 86.008).
Saturday, February 25, 2012 (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 ninth day before primary election day and the opening of the polls on primary election day, (see Note in entry under March 6, 2012), notice must be posted of such delivery 24 hours in advance. (Sec. 87.0222 & 87.0241).
First day of the 10-day continuous period that county chair must post notice of the date, hour and place for convening each precinct convention on the bulletin board used for posting notice of meetings of the commissioners court, if the precinct conventions will be held on primary election day. (Sec. 174.023(a)).
NOTE: NEW LAW, HB 2817, 2011 Legislative Session, amends Section 174.022. The precinct conventions may be held on primary election day or on a date no later than the 5th day after primary election day. One of the effects of this amendment is to alter the start date of the continuous 10-day period under Section 174.023(a) for posting the notice of the convention on commissioners court bulletin board, if the conventions are held after primary election day.
Sunday, February 26, 2012 (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 27, 2012 — Friday, March 2, 2012 (8th day — 4th day before primary election day)
Counties with populations of 100,000 or more must keep main early voting polling place open for 12 hours each day during the last week of early voting; however, required branch hours are set by commissioners court. Counties with populations of less than 100,000 keep the main early voting place open during regular county business hours unless 15 or more voters petition the county for the extended 12-hour schedule. (Secs. 85.005(c) & 85.064).
Monday, February 27, 2012 (8th day before primary election day)
First day early voting ballot board in counties with a population of 100,000 or more may convene. (Sec. 87.0222).
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).
Last day for county chair to deliver written notice of date, hour and place of precinct conventions to county election official, if the precinct conventions are held on the primary election day. (Sec. 174.023(b)).*
NOTE: NEW LAW, HB 2817, 2011 Legislative Session, amends Section 174.022 to provide that the precinct conventions may be held on primary election day or on a date no later than the 5th day after primary election day. One of the effects of this amendment is to extend the deadline under Section 174.023(b) if the conventions are held after primary election day, which provides that the county chair must deliver to the county election official written notice of the date, hour and place for convening each precinct election.
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. (Sec. 172.1112).*
*Since the statutory deadline falls on Saturday, February 25, 2012, the deadline is moved to the 8th day before runoff primary election day, the next business day. (Sec. 1.006).
Tuesday, February 28, 2012 (7th day before primary election day)
Last day to receive applications for ballots by mail for the March primary election. Early voter’s application (including FPCA) must be received by early voting clerk before close of regular business or 12 noon, whichever is later, on this date. If the FPCA applicant is not already permanently registered to vote, applicant will be sent a ballot for the federal offices only. (Secs. 84.007 & 101.052, renumbered by NEW LAW, SB 100).
Wednesday, February 29, 2012 (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).
Thursday, March 1, 2012 (day before the last day of early voting in person)
If delivery of early voting ballots and materials will be made to the early voting ballot board before the polls open on primary election day (see Note in entry under March 6, 2012), notice must be posted of such delivery 24 hours in advance. (Secs. 87.0221, 87.0222, 87.023, 87.024 & 87.0241).
Friday, March 2, 2012 (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 test. (Secs. 127.093 & 127.096).
Saturday, March 3, 2012 (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, March 1, 2012, and will require absence from the county on election day. May submit application through March 5, 2012, 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 Monday, February 27, 2012. May submit application through 5:00 p.m. on primary election day. (Secs. 102.001 & 102.003).
Monday, March 5, 2012 (day before primary election day and precinct conventions)
Last day for county election official (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, March 1, 2012. (Sec. 103.003).
Deadline for county chair to post notices of changed polling places. (Sec. 43.062).
Tuesday, March 6, 2012, 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: The precinct convention may be held on primary election day or on a date no later than the 5th day after primary election day. See entries under December 20, 2011 and February 27, 2012.
7:00 a.m. to 7:00 p.m. — Polls are open. (Sec. 41.031(a)). Early voting clerk's and voter registrar's offices are open. (Secs. 12.004(c) & 83.011).
7:00 a.m. to 7:00 p.m. — Sick and disabled persons may vote at the main early voting polling place if electronic voting systems are used and the voter has a sickness or condition that prevents the voter from voting in the regular manner without personal assistance or likelihood of injury. (Sec. 104.003). 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 Monday, February 27, 2012 (8th day before election day). (Sec. 102.003(b)).
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 Monday, February 27, 2012 (8th day before election day). (Secs. 86.007(a) & 102.006(c)). (See late ballot exception to the by-mail rule under entry for March 12, 2012.)
Clerk for early voting must check mailbox for early mail ballots at least once after time for regular mail delivery. (Sec. 86.007(b)). Clerk delivers voted ballots, key to double-locked ballot box, etc., to early voting ballot board at time or times specified by the presiding judge of the early voting ballot board, during the hours the polls are open or as soon after the polls close as practicable. (Sec. 87.022).
NOTE: In an election at which paper ballots or electronically counted ballots are used, early ballots may be delivered to the early voting ballot board at any time after early voting by personal appearance ends. Ballots may be qualified and prepared for counting before election day, but they may not be counted until election day (unless the population of the county is 100,000 or more). (Secs. 87.0221, 87.023, 87.024 & 87.0241). If ballots are to be delivered before 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, 87.0222, 87.023(b) & 87.024(b)).
The custodian of the key to the second lock on the double-locked early voting ballot box (county judge) delivers his or her key to the presiding judge of the early voting ballot board on request of the presiding judge. (Secs. 85.032 & 87.025).
7:00 p.m. — County election official begins transmitting results to the Secretary of State and transmits continuously until results are final. (Sec. 68.034).
The 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 providing the custodian of records with a notice no later than 24 hours before election day. (Sec. 65.052; 1 T.A.C. §§ 81.172 – 81.174 & 81.176).
If precinct conventions held by political parties holding primaries are held on the primary election day, they must convene not earlier than 7:00 p.m., nor later than 9:00 p.m. and must not convene until after last voter has voted at the precinct polling place. (Sec. 174.022). If precinct conventions held by political parties holding primaries are held on a different date that occurs not later than the 5th day after the date of the primary election, the county executive committee sets the hour or a time frame for convening the precinct convention. (Sec. 174.022, NEW LAW, HB 2817, 2011 Legislative Session).
Wednesday, March 7, 2012 (1st day after primary election day)
The voter registrar shall take possession of the ballot box(es) or transfer case(s) 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, during the regular business hours of the county election official, unless the voter registrar has already taken possession of the ballots prior to this date. (Sec. 65.052; 1 T.A.C. §§ 81.172 - 81.174 & 81.176).
Friday, March 9, 2012 (3rd business day after primary election day)
If required, last day for county election official to begin manual recount of ballots in three precincts or one percent of precincts, whichever is greater, unless requirement has been waived. The count shall be completed not later than the 21st day after election day. (Sec. 127.201(a)). Results of 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)).
NOTE: NEW LAW HB 2817, 2011 Legislative Session creates new Section 127.201(g), which provides that Section 127.201 does not apply to the tabulation of electronic voting system results for a voting system that uses DRE (direct recording electronic) voting machines.
Monday, March 12, 2012 (6th day after primary election day)
Deadline for voter who is accepted for provisional voting because voter did not present the required identification documents under Section 63.001(b), (1) to present to the county voter registrar for examination a form of identification described by Section 63.0101, or (2) to execute in the presence of the voter registrar the religious objection or natural disaster affidavit described by Section 65.054(b)(2)(B) or (C). (Sec. 65.0541, NEW LAW, SB 14, 2011 Legislative Session).
Deadline for voter registrar to deliver provisional ballots to early voting ballot board judge (or general custodian of election records) for qualification and counting after the close of the voter registrar’s business day. (Secs. 65.052 & 65.0541, NEW LAW, SB 14, 2011 Legislative Session; 1 T.A.C. §§ 81.172 - 81.174 & 81.176).
Last day to receive carrier envelope placed in mail for delivery by 7:00 p.m. on election day from outside of the United States. (Sec. 86.007(d)(3)).*
On this day, or under certain circumstances earlier, early voting ballot board convenes to count mail ballots cast from outside United States described by Section 86.007(d) at time set by presiding judge. (Sec. 87.125).
* Since the statutory deadline falls on Sunday, March 11, 2012, the deadline is moved to the 6th day after primary election day, the next business day. (Sec. 86.007(d)(3)).
Tuesday, March 13, 2012 (7th day after primary election day; 2nd Tuesday in March)
The early voting ballot board must reconvene any time after the last mail delivery by the 6th day after election day but no later than this day, 7th day after election day, to count late ballots received.
Deadline for early voting ballot board to verify and count provisional ballots. (Sec. 65.051(a)).
Precinct conventions held for parties nominating by convention. (Secs. 181.061(c) & 182.005).
Wednesday, March 14, 2012 (8th day after primary election day; 10th day before county and senatorial district conventions)
5:00 p.m. — Last day runoff primary candidates may withdraw from ballot. (Sec. 172.059, NEW LAW, SB 100).
Notice of county and senatorial district conventions must be posted continuously on commissioners court bulletin board of date, time and place of the convention. The notice is also delivered to the county election official. (Sec. 174.064).
Recommended day for county executive committee to post notice of drawing for place on runoff primary ballot for county and precinct offices to take place after the canvass. (Sec. 52.094(c)).
Thursday, March 15, 2012 (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 canvass for candidates involved in runoff primary election for county and precinct offices. (Sec. 172.084(b)).
Friday, March 16, 2012 (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: NEW LAW, SB 100, 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)).
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 17, 2012 (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 18, 2012 (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). State chair must certify these candidates for statewide and district offices for placement on runoff primary election ballot to county chair as soon as canvass is completed. (Secs. 172.120 & 172.121).
Monday, March 19, 2012 (64th day before runoff primary election day)
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 (see entry at March 18, 2012). (Sec. 172.084(d)).
Tuesday, March 20, 2012 (63rd day before runoff primary election day)
Ballot drawing is conducted by county executive committee promptly after receiving certification from the state chair of candidates involved in runoff primary election for statewide and district offices (see entry at March 18, 2012). (Sec. 172.084(c)).
Recommended date for primary committee immediately after drawing to approve runoff primary ballot format and for runoff primary election ballots to be ordered.
Review Note on Ballot Testing and Note on Logic and Accuracy Test under the entry at January 6, 2012.
Friday, March 23, 2012 (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. (Secs. 84.001(d), (e) & 84.007).
NOTE: Election officials should check applications submitted for the March 6, 2012 primary election for timely requests for a runoff primary ballot.
Deadline for printers to register 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 to appoint presiding and alternate judges, with the approval of their respective county executive committees, for each precinct in which the runoff primary election will be held in the county (see entry at January 6, 2012 concerning eligibility requirements for election judges and clerks). (Secs. 32.006 & 32.008).
Recommended last day for the county election official to appoint presiding and alternate judges from the lists provided by each county chair and to appoint the election clerks in a joint runoff primary election. (Sec. 172.126(c)).
Saturday, March 24, 2012 (3rd Saturday after primary election day; 2nd Saturday after 2nd Tuesday in March)
County and Senatorial district conventions for parties nominating by primary. (Sec. 174.063).
Minor parties will make nominations at the district convention for multi-county district offices. (Sec. 181.061(b)).
Monday, March 26, 2012 (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).*
*Since the deadline under the administrative rule (10th day after local canvass) falls on Sunday, March 25, 2012, the deadline is moved to the 11th day after the local canvass, the next business day. (Sec. 1.006).
Tuesday, March 27, 2012 (21st day after primary election day)
If required, manual count must be complete by this date (see entry at March 9, 2012). (Sec. 127.201(a)).
Wednesday, April 4, 2012 (20th day after local canvass of primary election)
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 official). (Sec. 172.117(b)). Note: This will not include offices to be placed on the runoff primary election.
Thursday, April 5, 2012 (30th day after primary election day)
Deadline for county chair to deliver precinct results of primary election, including precinct-by-precinct returns for early voting, of U.S. senator, U.S. representative, statewide races, state senate, and state representative to the Secretary of State. (Sec. 172.124(b)).
Saturday, April 7, 2012 (45th day before runoff 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 the 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), NEW LAW, SB 100).
NOTE: It should not be assumed that the 45th-day deadline under Section 86.004(b) is 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 7, 2012.
County chair of party holding a runoff primary election procures from voter registrar a set of precinct lists of registered voters (also supplemental lists and correction lists, if necessary) to deliver to county election official 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).
NOTE: The second Tuesday in April is no longer the primary runoff date (modified by SB 100).
Monday, April 23, 2012 (29th day before runoff primary election day)
Last day a person may submit an application to register to vote in May 22, 2012 runoff primary election. (Sec. 13.143).*
NOTE: An FPCA submitted on or after September 1, 2009 will serve as a permanent voter registration application, unless the application states that the applicant is residing outside the United States indefinitely. (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).*
*Since the statutory deadline falls on Sunday, April 22, 2012, the deadline is moved to the 29th day before runoff primary election day, the next business day. (Secs. 1.006, 13.143(e) & 15.025(d)).
Tuesday, May 1, 2012 (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 2, 2012 (20th day before runoff primary election day)
Last day for a person who is not already a permanent registered voter to submit an FPCA to receive a full 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 7, 2012.) (Sec. 101.052(e), (i), renumbered by NEW LAW, SB 100).
Thursday, May 3, 2012 — Tuesday, May 15, 2012 (19th — 7th day before runoff primary election day)
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), renumbered by NEW LAW, SB 100).
Sunday, May 6, 2012 (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 a political subdivision is not required by law to do this on Sunday, May 6, 2012; it may choose to transfer the voted ballots to another secure container for the remainder of the preservation period on Monday, May 7, 2012 or a later date.
Monday, May 7, 2012 (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 Election Code. (Sec. 101.052(i), renumbered by NEW LAW, SB 100).
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).
Thursday, May 10, 2012 (12th day before runoff primary election day)
If defective application to vote early by mail in the primary election is received on or before this date, early voting clerk mails a new application back to voter with explanation of defects and instructions for submitting new application by the deadline. For defective applications received after this date and before end of early voting by personal appearance, early voting clerk mails only notice of defect and statement that voter is not entitled to vote early by mail unless he or she submits a sufficient application by the deadline. (Sec. 86.008).
Saturday, May 12, 2012 (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 primary election day and the opening of the polls on primary election day, (see Note in entry under May 22, 2012), notice must be posted of such delivery 24 hours in advance. (Sec. 87.0222 & 87.0241).
Monday, May 14, 2012 (8th day before runoff primary election day)
Early voting by personal appearance begins on this day. (Sec. 85.001).*
If early voting by personal appearance is required to be conducted for extended hours or for weekend hours, 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 early voting ballot board in counties with a population of 100,000 or more may convene. (Sec. 87.0222).
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).
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 places. For purposes of conducting a runoff primary election, the “preceding general election” is the preceding runoff primary election. (Secs. 4.003(b) & 172.1112).**
*Since the 10th day before the runoff primary election day falls on Saturday, May 12, 2012, early voting will begin on Monday, May 14, 2012, the next business day. (Sec. 85.001(c)).
**Since the statutory deadline falls on Saturday, May 12, 2012, the deadline is moved to the 8th day before runoff primary election day, the next business day, May 14, 2012. (Sec. 1.006).
Monday, May 14, 2012 — Friday, May 18, 2012 (8th — 4th day before runoff primary election day)
Counties with populations of 100,000 or more must keep main early voting polling place open for 12 hours each day during the last week of early voting; however, required branch hours are set by commissioners court. Counties with populations of less than 100,000 keep the main early voting place open during regular county business hours unless 15 or more voters petition the county for the extended 12-hour schedule. (Secs. 85.005(c) & 85.064).
Tuesday, May 15, 2012 (7th day before runoff primary election day)
Last day to receive applications for ballots by mail for the May runoff primary election. Early voter’s application (including FPCA) must be received by early voting clerk before close of regular business or 12 noon, whichever is later, on this date. If the FPCA applicant is not already permanently registered to vote, applicant will be sent a ballot for federal offices only. (Secs. 84.007 & 101.052, renumbered by NEW LAW, SB 100, 2011 Legislative Session).
Wednesday, May 16, 2012 (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).
Thursday, May 17, 2012 (day before the last day of early voting in person; 5th day before runoff primary election)
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).
Recommended date to conduct first test of automatic tabulating equipment. 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 test. (Secs. 127.093 & 127.096).
If delivery of early voting ballots and materials will be made to the early voting ballot board before the polls open on runoff primary election day (see Note in entry under May 22, 2012), notice must be posted of such delivery 24 hours in advance. (Secs. 87.0221, 87.0222, 87.023, 87.024 & 87.0241).
Friday, May 18, 2012 (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)).
Saturday, May 19, 2012 (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 17, 2012, and will require absence from the county on election day. May submit application through May 21, 2012, 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 Monday, May 14, 2012. 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).
Monday, May 21, 2012 (day before runoff primary election day)
Last day to submit application to vote a late early ballot due to death in immediate family that occurred on or after Thursday, May 17, 2012. (Sec. 103.003).
Deadline for county chair to post notices of changed polling places. (Sec. 43.062).
Tuesday, May 22, 2012 (4th Tuesday in May) RUNOFF PRIMARY ELECTION DAY (Sec. 41.007(b)).
NOTE: NEW DATE FOR RUNOFF PRIMARY ELECTION, NEW LAW, SB 100.
7:00 a.m. to 7:00 p.m. — Polls are open. (Sec. 41.031(a)). Early voting clerk's and voter registrar's offices are open. (Secs. 12.004(c) & 83.011).
7:00 a.m. to 7:00 p.m. — Sick and disabled persons may vote at the main early voting polling place if electronic voting systems are used and the voter has a sickness or condition that prevents the voter from voting in the regular manner without personal assistance or likelihood of injury. (Sec. 104.003). 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 Monday, May 14, 2012 (8th day before runoff election day). (Sec. 102.003(b)).
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 Monday, May 14, 2012 (8th day before runoff election day). (Secs. 86.007(a) & 102.006(c)). (See late ballot exception to the by-mail rule under entry for May 29, 2012).
Clerk for early voting must check mailbox for early mail ballots at least once after time for regular mail delivery. (Sec. 86.007(b)). Clerk delivers voted ballots, key to double-locked ballot box, etc., to early voting ballot board at time or times specified by the presiding judge of the early voting ballot board, during the hours the polls are open or as soon after the polls close as practicable. (Sec. 87.022).
NOTE: In an election at which paper ballots or electronically counted ballots are used, early ballots may be delivered to the early voting ballot board at any time after early voting by personal appearance ends. Ballots may be qualified and prepared for counting before election day, but they may not be counted until election day (unless the population of the county is 100,000 or more and uses an electronic voting system). (Secs. 87.0221, 87.023 & 87.024). If ballots are to be delivered before 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, 87.023(b) & 87.024(b)).
The custodian of the key to the second lock on the double-locked early voting ballot box (county judge) delivers his or her key to the presiding judge of the early voting ballot board. (Secs. 87.025 & 85.032).
The voter registrar make 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 providing the custodian of records with a notice no later than 24 hours before election day. (Sec. 65.052; 1 T.A.C. §§ 81.172 – 81.174 & 81.176).
7:00 p.m. — County election official begins transmitting results to the Secretary of State and transmits continuously until results are final. (Sec. 68.034).
Wednesday, May 23, 2012 (1st day after runoff primary election day)
The 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) along with the Summary of Provisional Ballots and the List of Provisional Voters for each precinct during the regular business hours of the county election official or elections administrator on this day, the next regular business day after election day, unless the voter registrar has already taken possession of the ballots prior to this date. (Sec. 65.052; 1 T.A.C. §§ 81.172 - 81.174, 81.176).
Friday, May 25, 2012 (3rd business day after runoff primary election day)
If required, last day for county election official to begin manual recount of ballots in three precincts or one percent of precincts, whichever is greater, unless requirement has been waived. The count shall be completed not later than the 21st day after election day. (Sec. 127.201(a)). Results of 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)).
NOTE: NEW LAW HB 2817, 2011 Legislative Session creates new Section 127.201(g), which provides that Section 127.201 does not apply to the tabulation of electronic voting system results for a voting system that uses DRE (direct recording electronic) voting machines.
Tuesday, May 29, 2012 (7th day after runoff primary election day; 75th day after minor party precinct convention )
Deadline for voter who is accepted for provisional voting because voter did not present the required identification documents under Section 63.001(b), (1) to present to the county voter registrar for examination a form of identification described by Section 63.0101, or (2) to execute in the presence of the voter registrar the religious objection or natural disaster affidavit described by Section 65.054(b)(2)(B) or (C). (Sec. 65.0541, NEW LAW, SB 14, 2011 Legislative Session).*
Deadline for voter registrar to deliver provisional ballots to early voting ballot board judge (or general custodian of election records) for qualification and counting after the close of the voter registrar’s business day. (Secs. 65.052 & 65.0541, NEW LAW, SB 14, 2011 Legislative Session; 1 T.A.C. §§ 81.172 - 81.174 & 81.176).*
Last day to receive carrier envelope placed in mail for delivery by 7:00 p.m. on election day from outside of the United States. (Sec. 86.007(d)(3)). (Because the deadline falls on Sunday, May 27, 2012 and the next day is Memorial Day, a national and state holiday, the deadline is extended to Tuesday, the next business day.)
Early voting ballot board shall reconvene after the last mail delivery by the 6th day after election day but no later than this day, 7th day after election day, to count late ballots received. (Sec. 87.125).
Deadline for early voting ballot board to verify and count provisional ballots. (Sec. 65.051(a)).
Last day minor party chairs may submit petitions and precinct convention lists to Secretary of State and to the appropriate county clerk (or other county election official) for placement on the ballot. (Secs. 181.005(a), 181.006(b)(3), 182.003 & 182.004).*
*Since the statutory or administrative rule deadline falls on Monday, May 28, 2012, a national and state holiday, the deadline is extended from the 6th day. (Sec. 1.006).
Thursday, May 31, 2012 (2nd Thursday after runoff primary election day)
Local canvass of the runoff primary election by county executive committee must be conducted on this date. (Sec. 172.116(b)).
Friday, June 1, 2012 (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: NEW LAW, SB 100, 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)).
Saturday, June 9, 2012 (3rd Saturday after runoff primary election day)
Deadline for state executive committee to conduct state canvass. (Sec. 172.120).
Monday, June 11, 2012 (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).*
New party officers take office. (Sec. 171.022(c)).
Deadline for the state chair to deliver the canvass report to the Secretary of State. (Sec. 172.120(b)).
*Since the deadline under the administrative rule (10th day after local canvass) falls on Sunday, June 10, 2012, the deadline is moved to the 11th day after the local canvass, the next business day. (Sec. 1.006).
Tuesday, June 12, 2012 (21st day after runoff primary election day)
If required, manual count must be complete by this date (see entry at May 25, 2012). (Sec. 127.201(a)).
Wednesday, June 20, 2012 (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 official). (Sec. 172.116(e)).
Deadline for county chair to deliver to the county election official 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 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 official. (Sec. 172.118(a)).
Thursday, June 21, 2012 (30th day after runoff primary election day)
Deadline for county chair to deliver to the 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. (Sec. 172.124(b)).
Deadline for county chair to file report of the actual expenses of the general primary election and runoff election (Final Cost Report) with the Secretary of State. (Sec. 173.084). Any surplus remaining in a county primary fund account after payment of approved expenses must be remitted to the 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 the Secretary of State.
Friday, June 29, 2012 (20th day after state canvass of runoff primary election day)
Deadline for state chair 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 9, 2012. (Sec. 172.122).
June — July 2012
Parties hold statewide conventions "any day in June or July." (Sec. 174.092).
NOTE: Under NEW LAW, HB 2194, 2011 Legislative Session, the biennial state convention may be convened on any day in June or July.
Wednesday, July 11, 2012 (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. (Sec. 171.028).
NOTE: NEW LAW, HB 2959, 2011 Legislative Session, provides it is a Class C misdemeanor if the county chair fails to transfer the records.
Sunday, July 22, 2012 (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 a political subdivision is not required by law to do this on Sunday, July 22, 2012; they may choose to transfer the voted ballots to another secure container for the remainder of the preservation period on Monday, July 23, 2012 or a later date.
January 2014 (Twenty-two (22) months after 2012 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 2014 (Twenty-two (22) months after 2012 runoff primary election day; two years after 2012 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. (Sec. 18.011(b)).
May 2014 (Two years after 2012 runoff primary election day)
Voter registrar must retain list of registered voters for the runoff primary election for two years after election day. (Sec. 18.011(b)).