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Election Advisory No. 2023-03

To:	All Election Officials
From:	Christina Worrell Adkins, Director of Elections
Date:	May 4, 2023
RE:	Canvass and Recount Deadlines for the May 6, 2023 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 House Bill 3107 (87th Leg., R.S., 2021) to provide one date for the regular recount filing deadline.

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

If these criteria apply to your entity, then for the May 6, 2023 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 2:00 p.m. on 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. on the next business day. (Tex. Elec. Code §§ 212.081, 212.083, 212.088).

NOTE: Section 212.083 was amended by House Bill 3107 to provide one date for the expedited recount filing deadline.

If these criteria apply to your entity, then for the May 6, 2023 election, the following dates apply:

Note About Joint Canvassing Authorities

Section 271.011 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. There is not an automatic recount when the top two candidates tie in a majority vote scenario. A candidate may timely request a recount as usual.    The Election 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). (Tex. Elec. Code § 2.023).

NEW LAW: Certain procedures for responding to a tie vote under Sections 2.002 and 2.028 were amended by House Bill 3107. For more details, please see House Bill 3107, our Recount Outline, and Advisory 2023-02 Post-Election Procedures.

NOTE: A tie vote in the final canvassed vote for a measure election (for-against proposition) means the measure fails. There is no automatic recount. A recount may be timely requested by authorized persons.

If you need additional assistance, you may contact the Elections Division toll-free at 1-800-252- VOTE (8683).

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