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Elections and Voter Information

Voter Information

Election Advisory No. 2012-21

To: All Cities, School Districts, and Other Political Subdivisions
From: Keith Ingram, Director of Elections
Date: November 9, 2012
RE: Recount Deadlines for the November 6, 2012 Elections of Cities, School Districts and Other Political Subdivisions

Below are the deadlines for filing a recount for local elections of cities, school districts and other political subdivisions, other than the November 6, 2012 General Election for State and County Offices.  (Recount deadlines for the General Election for State and County Offices may be found at this memo.)  Please note that there are two sets of recount filing deadlines.  Which set of deadlines applies to you is based on the method of election (i.e., majority or plurality).
 
The November 6, 2012 election must be canvassed no earlier than the eighth day after the election (Wednesday, November 14, 2012) and no later than the eleventh day after the election.  Section 67.003 of the Texas Election Code (“the Code”). Since the eleventh day falls on a weekend, the deadline is extended to the next business day (Monday, November 19, 2012, the thirteenth day after the election).  Section 1.006 of the Code.
 
Note:  The canvass may not be conducted until the early voting 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: Tuesday, November 13, 2012 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.)  Sections 67.003 & 86.007(d)(3) of the Code. 

Deadlines for Regular Recount Requests

IF your entity elects:

THEN the deadline to file for a recount is THE LATER of these two dates:

Sections 212.028, 212.081, 212.083 of the Code.

Please note that candidates are elected by plurality vote unless the law specifically provides otherwise (e.g., statute, home-rule charter, court order).  Section 2.001 of the Code.

If these criteria apply to your entity, then for the November 6, 2012 election, the following dates apply:

Canvass Date Recount Request Deadline (Regular):
Wednesday, November 14th 5:00 p.m., Friday, November 16, 2012
Thursday, November 15th 5:00 p.m., Monday, November 19, 2012 (Sec. 1.006)
Friday, November 16th 5:00 p.m., Monday, November 19, 2012 (Sec. 1.006)
Saturday, November 17th 5:00 p.m., Monday, November 19, 2012
Sunday, November 18th 5:00 p.m., Tuesday, November 20, 2012
Monday, November 19th 5:00 p.m., Wednesday, November 21, 2012

Deadlines for Expedited Recount Requests

IF your entity elects:

THEN the deadline to file for a recount is THE LATER of these two dates:

Section 212.088 of the Code.

If these criteria apply to your entity, then for the November 6, 2012 election, the following dates apply:

Canvass Date Recount Request Deadline (Expedited):
Wednesday, November 14th 2:00 p.m., Thursday, November 15, 2012
Thursday, November 15th 2:00 p.m., Friday, November 16, 2012
Friday, November 16th 10:00 a.m., Monday, November 19, 2012 (Sec. 212.088)
Saturday, November 17th 10:00 a.m., Monday, November 19, 2012 (Sec. 212.088)
Sunday, November 18th 2:00 p.m., Monday, November 19, 2012
Monday, November 19th 2:00 p.m., Tuesday, November 20, 2012

Note About Joint Canvassing Authorities

Section 271.011 of the 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 Code requires the recount petition to be filed with the presiding officer of your regular canvassing authority.
 
Please further be advised that an outline of the recount procedures and recount forms may be found in Chapter L of the handbook for the 23rd Annual Election Law Seminar for Cities, School Districts, and other Political Subdivisions (2011). You can also find a copy of the outline by visiting this web page. The recount forms can be downloaded from our website. If you do not have the 2011 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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