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Canvass and Recount Filing Deadlines for 2014 Primary Runoff Elections

To: County Clerks/Elections Administrators, State and County Chairs
From: Keith Ingram, Director of Elections
Date: May23, 2014
RE: Canvass and Recount Filing Deadlines for 2014 Primary Runoff Elections

Canvass Dates

The county executive committee must conduct the local canvass on Thursday, June 5, 2014, at the hour specified by the county chair.  Tex. Elec. Code § 172.116.  The state canvass for state and district offices must be completed by Saturday, June 14, 2014.  Tex. Elec. Code § 172.120.  This advisory is designed to be read together with the more detailed online recount outline.  See also ADV2013-09 – March 4, 2014 Primary Election Calendar.

Recount Filing Deadlines

The deadline for requesting a recount is 5:00 p.m. of the 2nd day after the final canvass is actually conducted.  Tex. Elec. Code § 212.028.  For all county and precinct races, (1) the final canvass is the local canvass; and (2) the filing authority is the county chair (presiding officer of the final canvass). For all district (including single-county districts) and statewide races, (1) the final canvass is the state canvass; and (2) the filing authority is the state party chair (presiding officer of the final canvass).

County and Precinct Races

Local Canvass Filing Deadline
Thursday, June 5, 2014

5:00 p.m. Monday, June 9, 2014

(Extended by Section 1.006 to next business day)

Statewide and District Races

The deadline to request a recount for a statewide or district office is 5:00 p.m. of the second day after the final canvass.  The state canvass must be conducted no later than Saturday, June 14, 2014 for all state and district races. Tex. Elec. Code § 172.120. Requestors will need to check the date of the actual canvass.

Recount Filing Deadline – Three Candidates or More in a Race (Expedited)

Special expedited procedures apply for races in which a runoff could be required (any race with more than two candidates, majority vote requirement).  These procedures do not apply to the primary runoff, as (barring a court order) there is no runoff after the runoff.

Reminder on Tie Votes and Automatic Recounts: If the candidates in a runoff election tie, pursuant to Section 2.028, a tying candidate may resolve the tie by filing with the presiding officer of the final canvassing authority a written statement of withdrawal signed and acknowledged by the candidate. On receipt of the statement of withdrawal, the remaining candidate is the winner.  If there is no signed and acknowledged withdrawal delivered to the presiding officer of the final canvassing authority, then an automatic recount shall be conducted in accordance with Chapter 216. If the recount does not resolve the tie, the tied candidates shall cast lots to determine the winner. (Please note that Section 2.023 applied to the March 4, 2014 primary; Section 2.028 applies to the May 27, 2014 primary runoff.  The sequence of events is slightly different in each section.) 

For additional information on recounts, such as petition requirements and deposit calculations, please see the recount outline and forms (PDF) posted on our website. You may also contact our office via telephone or email to request copies.