Election Advisory No. 2010-04
| To: | All Cities, School Districts, and Other Political Subdivisions |
| From: | Ann McGeehan, Director of Elections |
| Date: | April 30, 2010 |
| RE: | Recount Deadlines for May 8, 2010 General Election |
Please note that there are two sets of recount filing deadlines. Which set of deadlines (Regular vs. Expedited) applies to you is based on the method of election (i.e., majority or plurality).
Regular Deadlines for Recount Requests
Applies IF your entity elects:
- By plurality (a candidate must receive more votes than any other candidate for office to win)
OR
- There were only two candidates in the race (even if your entity does not elect by plurality)
Please note that candidates are elected by plurality vote unless the law specifically provides otherwise (e.g., statute, home-rule charter, court order). The May 8, 2010 election must be canvassed no earlier than the third day after the election and no later than the eleventh day after the election.* (See note below regarding earliest day canvass may occur.) Secs. 2.001, 67.003, 212.028.
If these criteria apply to your entity, then for the May 8, 2010 uniform election, the following dates apply:
| Canvass Date:* | Recount Request Deadline (Regular): |
|---|---|
| Tuesday, May 11, 2010 | 5:00 p.m., Thursday, May 13, 2010 |
| Wednesday, May 12, 2010 | 5:00 p.m., Friday, May 14, 2010 |
| Thursday, May 13, 2010 | 5:00 p.m., Monday, May 17, 2010 (Sec. 1.006) |
| Friday, May 14, 2010 | 5:00 p.m., Monday, May 17, 2010 (Sec. 1.006) |
| Saturday, May 15, 2010 | 5:00 p.m., Monday, May 17, 2010 |
| Sunday, May 16, 2010 | 5:00 p.m., Tuesday, May 18, 2010 |
| Monday, May 17, 2010 | 5:00 p.m., Wednesday, May 19, 2010 |
| Tuesday, May 18, 2010 | 5:00 p.m., Thursday, May 20, 2010 |
| Wednesday, May 19, 2010 | 5:00 p.m., Friday, May 21, 2010 |
Expedited Deadlines for Recount Requests
Applies IF your entity elects:
- By majority vote (a candidate must receive more than half of the votes cast in the election to win)
AND
- There were more than two candidates in the race.
If this criteria apply to your entity, then for the May 8, 2010 uniform election date, the following dates apply:
| Canvass Date:* | Recount Request Deadline (Expedited): |
|---|---|
| Tuesday, May 11, 2010 | 2:00 p.m., Wednesday, May 12, 2010 |
| Wednesday, May 12, 2010 | 2:00 p.m., Thursday, May 13, 2010 |
| Thursday, May 13, 2010 | 2:00 p.m., Friday, May 14, 2010 |
| Friday, May 14, 2010 | 10:00 a.m., Monday, May 17, 2010 (Sec. 212.088)** |
| Saturday, May 15, 2010 | 10:00 a.m., Monday, May 17, 2010 (Sec. 212.088) ** |
| Sunday, May 16, 2010 | 2:00 p.m., Monday, May 17, 2010 |
| Monday, May 17, 2010 | 2:00 p.m., Tuesday, May 18, 2010 |
| Tuesday, May 18, 2010 | 2:00 p.m., Wednesday, May 19, 2010 |
| Wednesday, May 19, 2010 | 2:00 p.m., Thursday, May 20, 2010 |
*NOTE: The canvass may not be conducted until the ballot board has: 1) verified and counted all provisional ballots, if a provisional ballot has been cast in the election, AND 2) counted all timely received ballots cast from addresses outside the United States, if a ballot by mail was provided to a person outside the United States. (Note: Thursday, May 13, 2010 is the last day to receive carrier envelopes placed in the mail by 7:00 p.m. on Election Day from voters who are voting outside the United States.)
**Since this deadline falls on a Saturday, Sunday, or legal state holiday, the deadline is extended to 10:00 a.m. of the next business day. [Sec. 212.088].
Note About Joint Canvassing Authorities:
Section 271.011 of the Texas Election Code authorizes a joint canvassing authority. If your joint election agreement designated a joint canvassing authority, please be advised that Section 212.026(b) of the Texas Election Code requires the recount petition to be filed with the presiding officer of your regular canvassing authority.
Please be advised that an outline of the recount procedures and recount forms may be found in Chapter H of the handbook for the 21st Annual Election Law Seminar for Cities, School Districts, and other Political Subdivisions (2009). You can also find a copy of the outline on the Procedures to Request and Conduct a Recount page. The recount forms can be downloaded from our Election Forms Index page. If you do not have the 2009 seminar book and do not have access to the web, you may contact our office and request that the outline and forms be mailed directly to you.
If you need additional assistance, you may contact the Elections Division toll-free at 1-800-252-VOTE(8683).
c: County Clerks/Elections Administrators
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