Election Advisory No. 2018-37
| To: | All Cities, School Districts, and Other Political Subdivisions | |
| From: | Keith Ingram, Director of Elections |
 |
| Date: | November 1, 2018 | |
RE: |
Canvass and Recount Deadlines for the November 6, 2018 Elections of Cities, School Districts and Other Political Subdivisions |
|
This advisory is designed to be read together with the recount outline on our website. The recount forms can be downloaded from our website; alternatively, you may contact our office and request that the outline and forms be sent directly to you.
Canvass Dates
The final canvass is the local canvass. [67.005 of the Texas Election Code (“the Code”)] The local canvass for the November 6, 2018 General Election must be held not later than the fourteenth day after the election Tuesday, November 20, 2018 and not earlier than the later of the third day after election day Friday, November 9, 2018. The canvass cannot occur until the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or the date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States. (67.003)
Recount Deadlines
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 6, 2018 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. All ballots received by 7:00 pm on election day must be counted on election day. However you may also count a late domestic ballot that a non-military voter or a military voter using an ABBM (not an FPCA) may arrive not later than 5:00 pm on the day after the Election (November 7, 2018) if it bears a cancellation mark of postal service or a receipt mark of a common or contract carrier or a courier not later than 7:00 pm on November 6, 2018. The last day to receive a ballot from an overseas voter using an FPCA is five days after the election, which is (Tuesday, November 13, 2018, as the fifth day falls on a Sunday and Monday is a federal postal holiday). The last day to receive a ballot from a military voter using an FPCA is the sixth day after the election, which is (Tuesday, November 13, 2018, as the sixth day falls on a Monday which is a federal postal holiday). The last day for the early voting ballot board to convene and count provisional and overseas ballots is the thirteenth day after the election, which is Monday, November 19, 2018. (65.051, 67.003, 86.007(d)(3), & 87.125).
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 6, 2018 election, the following dates apply:
| Canvass Date | Recount Request Deadline (Regular): |
|---|---|
| Friday, November 9, 2018 | 5:00 p.m., Tuesday, November 13, 2018 (Sec. 1.006) |
| Saturday, November 10, 2018 | 5:00 p.m., Tuesday, November 13, 2018 (Sec. 1.006) |
| Sunday, November 11, 2018 | 5:00 p.m., Tuesday, November 13, 2018 |
| Monday, November 12, 2018 | 5:00 p.m., Wednesday, November 14, 2018 |
| Tuesday, November 13, 2018 | 5:00 p.m., Thursday, November 15, 2018 |
| Wednesday, November 14, 2018 | 5:00 p.m., Friday, November 16, 2018 |
| Thursday, November 15, 2018 | 5:00 p.m., Monday, November 19, 2018 (Sec. 1.006) |
| Friday, November 16, 2018 | 5:00 p.m., Monday, November 19, 2018 (Sec. 1.006) |
| Saturday, November 17, 2018 | 5:00 p.m., Monday, November 19, 2018 |
| Sunday, November 18, 2018 | 5:00 p.m., Tuesday, November 20, 2018 |
| Monday, November 19, 2018 | 5:00 p.m., Wednesday, November 21, 2018 |
| Tuesday, November 20, 2018 | 5:00 p.m., Monday, November 26, 2018 (Sec. 1.006) |
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 6, 2018 election, the following dates apply:
| Canvass Date | Recount Request Deadline (Expedited): |
|---|---|
| Friday, November 9, 2018 | 10:00 a.m., Tuesday, November 13, 2018 (Sec. 212.088) |
| Saturday, November 10, 2018 | 10:00 a.m., Tuesday, November 13, 2018 (Sec. 212.088) |
| Sunday, November 11, 2018 | 10:00 a.m., Tuesday, November 13, 2018 (Sec. 212.088) |
| Monday, November 12, 2018 | 2:00 p.m., Tuesday, November 13, 2018 |
| Tuesday, November 13, 2018 | 2:00 p.m., Wednesday, November 14, 2018 |
| Wednesday, November 14, 2018 | 2:00 p.m., Thursday, November 15, 2018 |
| Thursday, November 15, 2018 | 2:00 p.m., Friday, November 16, 2018 |
| Friday, November 16, 2018 | 10:00 a.m., Monday, November 19, 2018 (Sec. 212.088) |
| Saturday, November 17, 2018 | 10:00 a.m., Monday, November 19, 2018 (Sec. 212.088) |
| Sunday, November 18, 2018 | 2:00 p.m., Monday, November 19, 2018 |
| Monday, November 19, 2018 | 2:00 p.m., Tuesday, November 20, 2018 |
| Tuesday, November 20, 2018 | 2:00 p.m., Wednesday, November 21, 2018 |
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.
Reminder on Tie Votes and Automatic Recounts
Please note that even though recounts can be requested by candidates based on unofficial returns, the automatic recount based on a tie pursuant to Section 2.002 (plurality vote) should be based on the official canvassed returns.
In a race requiring a majority vote, the candidates in a runoff are the “top two” candidates (based on the official canvassed returns); either the two with the highest and second-highest number of votes, or the two who tie for the highest number of votes. The Code provides that an automatic recount will be conducted in other (rare) circumstances (for example, a three-way tie for highest vote, or a tie for the second-highest vote). [Sec. 2.023]
For more details, please see our Recount Outline and Advisory 2018-38 Post-Election Procedures.
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:KR
