CHAPTER 211. GENERAL PROVISIONS - Texas Statutes

ELECTION CODE

TITLE 13. RECOUNTS

CHAPTER 211. GENERAL PROVISIONS

Sec. 211.001. ELECTIONS IN WHICH RECOUNT MAY BE OBTAINED. A

recount may be obtained as provided by this title in any

election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 211.002. DEFINITIONS. In this title:

(1) "Recount" means the process conducted under this title for

verifying the vote count in an election.

(2) "Initial recount" means a recount obtained under Subchapter

B, Chapter 212.

(3) "Partial recount" means a recount in fewer than the total

number of election precincts involved in an election.

(4) "Supplementary recount" means a recount obtained under

Subchapter C, Chapter 212, following a partial initial recount.

(5) "Expedited recount" means a recount obtained under

Subchapter D, Chapter 212.

(6) "Recount coordinator" means the authority to whom a petition

for an initial recount or an expedited recount is submitted under

Section 212.026 or 212.082.

(7) "Recount supervisor" means the authority designated by

Section 213.001 to manage and supervise a recount in election

precincts in the jurisdiction of a local canvassing authority.

(8) "Recount document" means a petition for an initial recount,

a petition for an expedited recount, an application for a

supplementary recount, or an application for including remaining

paper ballot precincts.

(9) "Recount deposit" means the deposit required by Section

212.111.

(10) "Voting system vote" means a vote cast in a voting system

that is not a write-in vote.

(11) "Automatic recount" means a recount conducted under Chapter

216.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 2001, 77th Leg., ch. 851, Sec. 2, eff. Sept. 1, 2001.

Sec. 211.003. CHANGE IN OUTCOME OF ELECTION. In this title, a

change in the outcome of an election occurs if, as a result of a

recount in the precincts included in a recount document:

(1) a candidate who was shown by the previous vote count to be

nominated, elected, or entitled to a place on a runoff ballot or

to be tied for nomination, election, or entitlement to a place on

a runoff ballot loses that status;

(2) in a presidential general election, the presidential

candidate who was shown by the previous vote count to have

received the most votes in this state loses that status;

(3) in an election on a measure, the winning side becomes the

losing side; or

(4) in a presidential primary election, entitlement to delegate

representation at the political party's national presidential

nominating convention on behalf of a candidate or an uncommitted

delegation is changed.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 32, eff. Sept. 1,

1987.

Sec. 211.004. PRESIDING OFFICER OF CANVASSING AUTHORITY

INELIGIBLE OR UNABLE TO SERVE. (a) The presiding officer of a

local canvassing authority who is a candidate in a race for which

a recount is to be made is ineligible to serve as the recount

coordinator or recount supervisor.

(b) The presiding officer of a local canvassing authority may

designate the following authority as the recount coordinator or

recount supervisor, and if the presiding officer is ineligible or

unable to serve as recount coordinator or recount supervisor, the

following authority shall serve in that capacity:

(1) the county clerk, if a commissioners court is the canvassing

authority;

(2) the city secretary, if a city's governing body is the

canvassing authority;

(3) the secretary of the governing body, or the authority

performing the duties of a secretary under this code, if the

governing body of a political subdivision other than a county or

city is the canvassing authority; or

(4) the secretary of the county executive committee, if a

political party's county executive committee is the canvassing

authority and the committee has a secretary who is a member of

the committee, or the county clerk if the committee does not have

a member-secretary.

(c) A substitute recount coordinator does not replace the

presiding officer of the local canvassing authority in a canvass

following a recount.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 211.005. METHOD OF GIVING NOTICE; RECORD OF NOTICE. (a)

The authority responsible for giving a notice required by this

title shall use the most expeditious means available for giving

the notice. If the authority cannot give personal notice when

required, the authority shall give notice by another method.

(b) The authority giving notice shall make a written record of

the time at which each notice is given to a person and the method

by which the notice is given. The record shall be preserved with

the recount document to which the notice pertains.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 211.006. PROMPT PERFORMANCE OF RECOUNT FUNCTIONS. (a)

Each authority responsible for performing a function in a recount

shall perform the function diligently and shall take prompt

action at every stage of the proceeding.

(b) This section is enforceable by writ of mandamus.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 211.007. PRESERVATION OF RECOUNT PAPERS. (a) In this

section, "recount papers" means the documents requesting a

recount, amendments to those documents, records of notices given,

records of costs of the recount, and file copies of statements of

costs.

(b) A recount coordinator shall retain the recount papers in the

coordinator's possession for the longest of the following

periods:

(1) the period for preserving the precinct election records;

(2) 60 days after the date the canvass of the recount is

completed;

(3) 30 days after the date assessed costs are finally settled;

or

(4) 30 days after the date an amount owed by a person against

whom costs are assessed is referred for collection.

(c) If a recount supervisor is also the recount coordinator for

a recount, the papers accumulated in the officer's capacity as

supervisor shall be retained for the same period as those

accumulated in the officer's capacity as coordinator.

(d) A recount supervisor who is not the recount coordinator

shall retain the recount papers in the supervisor's possession

for the longest of the following periods:

(1) the period for preserving the precinct election records;

(2) 60 days after the date recount costs for payment of

claimants are certified; or

(3) if costs in the supervisor's jurisdiction are assessed

against a person, six months after the date a statement of costs

incurred in the supervisor's jurisdiction is delivered to the

recount coordinator.

(e) Subsections (b), (c), and (d) do not apply to recount papers

delivered to the authority to whom an amount owed by a person

against whom costs are assessed is referred for collection.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1997, 75th Leg., ch. 864, Sec. 206, eff. Sept. 1, 1997.