Recount Deadlines for November 2, 2010 General Election
| To: | All Cities, School Districts, and other Political Subdivisions |
| From: | Ann McGeehan, Director of Elections |
| Date: | October 28, 2010 |
| RE: | Recount Deadlines for November 2, 2010 General Election |
Below are the deadlines for filing a recount for local elections other than the November 2, 2010 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).
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
Please note that candidates are elected by plurality vote unless the law specifically provides otherwise (e.g., statute, home-rule charter, court order). The November 2, 2010 election must be canvassed no earlier than the eighth day after the election and no later than the eleventh day after the election. Secs. 2.001, 67.003, 212.028.
If these criteria apply to your entity, then for the November 2, 2010 uniform election, the following dates apply:
| Canvass Date | Recount Request Deadine (Regular): |
|---|---|
Wednesday, November 10, 2010 |
5:00 p.m., Friday, November 12, 2010 |
Thursday, November 11, 2010 |
5:00 p.m., Monday, November 15, 2010 (Sec. 1.006) |
Friday, November 12, 2010 |
5:00 p.m., Monday, November 15, 2010 (Sec. 1.006) |
Saturday, November 13, 2010 |
5:00 p.m., Monday, November 15, 2010 |
Sunday, November 14, 2010 |
5:00 p.m., Tuesday, November 16, 2010 |
Monday, November 15, 2010 |
5:00 p.m., Wednesday, November 17, 2010 |
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
If these criteria apply to your entity, then for the November 2, 2010 uniform election date, the following dates apply:
| Canvass Date | Recount Request Deadline (Expedited): |
|---|---|
Wednesday, November 10, 2010 |
10:00 a.m., Friday, November 12, 2010 (Sec. 212.088) |
Thursday, November 11, 2010 |
2:00 p.m., Friday, November 12, 2010 |
Friday, November 12, 2010 |
10:00 a.m., Monday, November 15, 2010 (Sec. 212.088) |
Saturday, November 13, 2010 |
10:00 a.m., Monday, November 15, 2010 (Sec. 212.088) |
Sunday, November 14, 2010 |
10:00 a.m., Monday, November 15, 2010 (Sec. 212.088) |
Monday, November 15, 2010 |
2:00 p.m., Tuesday, November 16, 2010 |
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 further 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 by visiting this web page. The recount forms can be downloaded from our website. 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
AM:PM:id