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Election Advisory No. 2017-19

To:	All Cities, School Districts, and Other Political Subdivisions
From:	Keith Ingram, Director of Elections
Date:	November 1, 2017
RE:	Recount Deadlines for the November 7, 2017 Elections of Cities, School Districts and Other Political Subdivisions

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 November 7, 2017 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 deadline for filing a recount depends on the date the election is canvassed. You cannot canvass your election until the early voting ballot board has convened and counted all provisional and overseas ballots. The last day to receive a ballot from an overseas voter is Monday, November 13, 2017. The last day for the early voting ballot board to convene and count provisional and overseas ballots is Thursday, November 16, 2017. (65.051, 67.003, 86.007(d)(3), & 87.125).

The November 7, 2017 election must be canvassed no earlier than the third day after the election, Friday, November 10, 2017 (if there are no overseas or provisional ballots), and no later than the eleventh day after the election.  Since the eleventh day falls on a weekend, the deadline is extended to the next business day, Monday, November 20, 2017. (1.006 & 67.003).

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

(212.028, 212.081, 212.083).

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

If these criteria apply to your entity, then for the November 7, 2017 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. (212.088).

If these criteria apply to your entity, then for the November 7, 2017 election, the following dates apply:

Note About Joint Canvassing Authorities

Section 271.011 of the 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 Code requires the recount petition to be filed with the presiding officer of your regular canvassing authority.

As noted above, the recount outline is available on our website. In addition, the recount forms can be downloaded from our political subdivision forms index. If you 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).

CC:  County Clerks/Elections Administrators

KI:TJ