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Election Advisory No. 2013-03

This deadline memo is designed to be read together with the recount outline on our website.

Below are the deadlines for filing a recount for local elections of cities, school districts and other political subdivisions for elections occurring on the May 11, 2013 uniform election date. 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 May 11, 2013 election must be canvassed no earlier than the third day after the election (Tuesday, May 14, 2013) and no later than the eleventh day after the election (Wednesday, May 22, 2013). Section 67.003 of the Texas Election Code (“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: Thursday, May 16, 2013 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. Saturday, May 18, 2013 is the last day for the board to verify and count provisional ballots.) Sections 65.051, 67.003 & 86.007(d)(3) of the Code.

Deadlines for Regular Recount Requests

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).

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

• 5:00 p.m. of the 5th day after election day

OR

• 5:00 p.m. of the 2nd day after the canvass of the election

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 May 11, 2013 election, the following dates apply:

Deadlines for Expedited Recount Requests

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

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

• 2:00 p.m. of the third day after election day
  
  OR

• 2:00 p.m. of the first day after the date of the canvass of the election, unless this deadline falls on a Saturday, Sunday, or legal state holiday, in which case, the deadline is extended to 10:00 a.m. of the next business day.

Section 212.088 of the Code.

If these criteria apply to your entity, then for the  May 11, 2013 election, the following dates apply:

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 K of the handbook for the 24th Annual Election Law Seminar for Cities, Schools, and other Political Subdivisions (2012). As noted above, 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 2012 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

KI:CA:id