CHAPTER 212. REQUESTING RECOUNT - Texas Statutes

ELECTION CODE

TITLE 13. RECOUNTS

CHAPTER 212. REQUESTING RECOUNT

SUBCHAPTER A. REQUESTING RECOUNT GENERALLY

Sec. 212.001. GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT. A

recount document submitted under this title must:

(1) be in writing;

(2) identify the office or measure for which a recount is

desired;

(3) state the grounds for the recount;

(4) state the side of the measure that the person requesting the

recount represents, if applicable;

(5) identify the election precincts, grouped by county or other

appropriate territorial unit if the election involves more than

one local canvassing authority, for which a recount is desired

and must indicate the method of voting used in each precinct;

(6) be signed by:

(A) the person requesting the recount or, if there is more than

one, any one or more of them; or

(B) an agent of the person requesting the recount;

(7) state each requesting person's name, residence address, and,

if authorization to obtain the recount is based on eligibility to

vote in the election, voter registration number, and county of

registration if the election covers territory in more than one

county;

(8) designate an agent who is a resident of this state to

receive notice under this title on behalf of the person

requesting the recount if:

(A) the person requesting the recount is not a resident of this

state; or

(B) there is more than one person requesting the recount;

(9) state the mailing address and at least one telephone number,

if any, at which the person requesting the recount or an agent,

identified by name, may receive notice given under this title;

(10) state the mailing address and at least one telephone

number, if any, at which the opposing candidates for the office

or their agents, identified by name, may receive notice given

under this title; and

(11) be accompanied by a deposit as provided by Subchapter E.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 1, eff. Oct. 20,

1987; Acts 2003, 78th Leg., ch. 1316, Sec. 40, eff. Sept. 1,

2003.

Sec. 212.002. DESIGNATION OF AGENT TO RECEIVE NOTICE. (a) If a

recount involves votes canvassed by more than one local

canvassing authority, the document requesting the recount may

designate, for any one or more of the counties served by the

local canvassing authorities, a person residing in the county to

receive notice of the time and place of the recount on behalf of

the person requesting the recount.

(b) The designation is not effective unless the document states

the designee's name, address, and telephone number, if any.

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

Sec. 212.003. SUBMISSION OF RECOUNT DOCUMENT. (a) A recount

document or a document amending a recount document is considered

to be submitted at the time of its receipt by the recount

coordinator.

(b) On submission of a document, the recount coordinator shall

enter on the document the date and hour of submission and the

form and amount of the deposit accompanying the document.

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

Sec. 212.004. FURNISHING COPIES OF DOCUMENTS TO CERTAIN

INTERESTED PERSONS. The recount coordinator shall furnish

without charge a copy of a recount document or a document

amending a recount document to each person, other than the person

submitting the document, who is entitled to notice of its

approval.

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

Sec. 212.005. MULTIPLE RECOUNTS ON SAME OFFICE OR MEASURE. (a)

The approval of a petition for a recount does not preclude the

submission and approval of another petition on the same office or

measure. A petition with respect to a particular office or

measure may not be submitted after an initial recount or an

expedited recount on the office or measure is completed.

(b) If more than one recount petition, application for a

supplementary recount, or application for including remaining

paper ballot precincts is submitted, the recount coordinator

shall promptly inform each petitioner or applicant of the

submission by the other person.

(c) Except as provided by Subsection (d), if more than one

petition or application is approved, the recount requested by

each person shall be conducted at the same time.

(d) If different counting methods are chosen under Section

214.042(a) among multiple requests for a recount of electronic

voting system results, only one method may be used in the

recount. A manual recount shall be conducted in preference to an

electronic recount and an electronic recount using a corrected

program shall be conducted in preference to an electronic recount

using the same program as the original count.

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

by Acts 1997, 75th Leg., ch. 1349, Sec. 65, eff. Sept. 1, 1997.

Sec. 212.006. WITHDRAWAL OF RECOUNT PETITION. (a) A recount

petitioner may withdraw the petition for the recount by

submitting a request to withdraw the petition to the recount

coordinator. On receipt of the request, the recount coordinator

shall immediately inform, by the most expeditious means possible,

all parties who are entitled to receive notice of the recount

under Section 212.032 that the request has been submitted and the

recount canceled.

(b) After a recount petition has been withdrawn, the petitioner

may not petition again for a recount of that election.

(c) The request for the withdrawal of a recount petition must be

sworn to by the person requesting the withdrawal. The request

must contain:

(1) the identity of the office or measure for which the recount

was requested;

(2) the reason for the withdrawal;

(3) a statement acknowledging that once the petition is

withdrawn, the petitioner may not petition again for a recount of

that election;

(4) a statement acknowledging that the results of the canvass

are official;

(5) a statement acknowledging that money properly expended

toward the holding of the recount before the request was

submitted will be subtracted from the amount of the deposit that

is refunded;

(6) the signature of:

(A) the person requesting the withdrawal; or

(B) an agent of the person requesting the withdrawal; and

(7) the printed name, address, and telephone number of the

person requesting the withdrawal.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 2, eff.

Oct. 20, 1987.

SUBCHAPTER B. INITIAL RECOUNT

Sec. 212.021. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to all elections except an election to which an expedited

recount under Subchapter D applies.

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

Sec. 212.022. OBTAINING INITIAL RECOUNT IN ELECTION ON OFFICE.

Except as provided by Section 212.0241, a candidate for

nomination or election to an office may obtain an initial recount

in an election in which the person was a candidate if:

(1) the difference in the number of votes received by the

candidate and any candidate for the office who is shown by the

election returns to be nominated, elected, or entitled to a place

on a runoff ballot or tied for nomination, election, or

entitlement to a place on a runoff ballot is less than 10 percent

of that candidate's number of votes;

(2) the candidate is shown by the election returns to be

entitled to a place on a runoff ballot or tied for nomination,

election, or entitlement to a place on a runoff ballot;

(3) the secretary of state certifies that counting errors

affecting the election occurred in one or more election precincts

in which paper ballots were used, as provided by Section 212.034;

or

(4) the total number of votes received by all candidates for the

office is less than 1,000 as shown by the election returns.

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

by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 864, Sec. 207, eff. Sept. 1, 1997.

Sec. 212.023. OBTAINING INITIAL RECOUNT IN ELECTION FOR

PRESIDENTIAL ELECTORS. (a) Except as provided by Section

212.0241, an initial recount in a presidential general election

may be obtained if one of the grounds prescribed by Section

212.022 is satisfied.

(b) The following persons may obtain an initial recount in a

presidential general election:

(1) a presidential candidate whose name appeared on the ballot

in this state or who had qualified as a write-in candidate in

this state;

(2) one or more presidential elector candidates corresponding to

a presidential candidate described by Subdivision (1), acting

jointly; or

(3) a presidential candidate described by Subdivision (1) and

one or more corresponding elector candidates, acting jointly.

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

by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1, 1987.

Sec. 212.0231. OBTAINING INITIAL RECOUNT IN PRESIDENTIAL PRIMARY

ELECTION. Except as provided by Section 212.0241, in a

presidential primary election, a candidate in the election, or

any 25 or more persons who were eligible to vote in the election

acting jointly on behalf of an uncommitted delegation, may obtain

an initial recount in the election if:

(1) the difference in the number of votes received by the

candidate or uncommitted status and any candidate or uncommitted

status shown by the election returns to be entitled to delegate

representation at the political party's national presidential

nominating convention is less than 10 percent of the number of

votes received by the latter candidate or the uncommitted status;

or

(2) the secretary of state certifies that counting errors

affecting the election occurred in one or more election precincts

in which paper ballots were used, as provided by Section 212.034.

Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 31, eff.

Sept. 1, 1987. Amended by Acts 1987, 70th Leg., ch. 484, Sec.

10(a), (b) eff. Sept. 1, 1987.

Sec. 212.024. OBTAINING INITIAL RECOUNT IN ELECTION ON MEASURE.

(a) Except as provided by Section 212.0241, an initial recount

in an election on a measure may be obtained if:

(1) the difference in the number of votes received for the

measure and against the measure is less than 10 percent of the

total number of votes received on the measure as shown by the

election returns;

(2) the secretary of state certifies that counting errors

affecting the election occurred in one or more election precincts

in which paper ballots were used, as provided by Section 212.034;

or

(3) the total number of votes received for and against the

measure is less than 1,000 as shown by the election returns.

(b) The following persons may obtain an initial recount in an

election on a measure:

(1) the campaign treasurer of a specific-purpose political

committee that was involved in the election; or

(2) any 25 or more persons, acting jointly, who were eligible to

vote in the election.

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

by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1, 1987.

Sec. 212.0241. NO GROUND REQUIRED FOR ELECTRONIC VOTING SYSTEM

RECOUNT. (a) A ground for obtaining an initial recount as

prescribed by this subchapter is not required to obtain an

initial recount of electronic voting system results, subject to

Subsection (b).

(b) A candidate for nomination or election to an office may

obtain an initial recount of electronic voting system results in

an election in which the person was a candidate only if the

candidate is shown by the election returns not to be nominated or

elected. However, a candidate shown to be nominated or elected

may obtain an initial recount if an opposing candidate's initial

recount petition is approved for a recount that is covered by

Section 212.131(c) and that does not include all of the voting

system precincts in the election.

(c) The secretary of state shall prescribe any procedures

necessary to accommodate the authorization to obtain a recount of

electronic voting system results without a specific ground.

(d) This section does not affect the scope of a recount as

governed by Subchapter F.

Added by Acts 1987, 70th Leg., ch. 484, Sec. 10(a), eff. Sept. 1,

1987. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 66, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 851, Sec. 5, eff. Sept.

1, 2001.

Sec. 212.025. PETITION FOR INITIAL RECOUNT REQUIRED. An initial

recount may not be conducted unless a person authorized to obtain

the recount submits, as provided by this subchapter, a petition

for the recount that complies with the applicable requirements

prescribed by this title.

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

Sec. 212.026. AUTHORITY TO WHOM PETITION SUBMITTED. (a) In an

election for which there is only one canvassing authority, a

petition for an initial recount must be submitted to the

presiding officer of the canvassing authority.

(b) In an election for which there is only one canvassing

authority and which is canvassed jointly with another election, a

recount petition must be submitted to the presiding officer of

the authority designated by law as the canvassing authority for

the election rather than the presiding officer of the canvassing

authority designated by the joint election agreement.

(c) In an election for which a final canvass is made by a

canvassing authority at the state level, a recount petition must

be submitted to the presiding officer of the final canvassing

authority.

(d) In an election for which there is more than one local

canvassing authority and no final canvass at the state level, a

recount petition must be submitted to the presiding officer of

each local canvassing authority within whose jurisdiction a

recount is desired.

(e) In a general election for governor or lieutenant governor, a

recount petition must be submitted to the secretary of state.

(f) If the presiding officer of a local canvassing authority is

ineligible or unable to serve as recount coordinator, the timely

submission of a recount petition to that officer instead of the

person substituting as the recount coordinator does not make the

petition invalid. In that case, the presiding officer shall

promptly deliver the petition to the substitute coordinator.

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

Sec. 212.027. NOTICE OF PETITION SUBMISSION TO OTHER CANVASSING

AUTHORITIES. (a) On submission of a recount petition under

Section 212.026(b), the recount coordinator, if the coordinator

is not the same person as the presiding officer of the canvassing

authority designated by the joint election agreement, shall

notify that presiding officer of the submission.

(b) On submission of a recount petition under Section

212.026(d), the recount coordinator shall notify the presiding

officer of each of the other canvassing authorities of the

submission of the petition.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 208, eff. Sept. 1, 1997.

Sec. 212.028. TIME FOR SUBMITTING PETITION. (a) Except as

provided by Subsection (b), a petition for an initial recount

must be submitted by the later of:

(1) 5 p.m. of the fifth day after election day; or

(2) 5 p.m. of the second day after the date the canvassing

authority to whose presiding officer the petition must be

submitted completes its canvass of the original election returns.

(b) A petition for a winning candidate in response to an

opposing candidate's petition as described by Section 212.0241(b)

must be submitted not later than 48 hours after receipt of the

notice of approval under Section 212.032.

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

by Acts 1989, 71st Leg., ch. 2, Sec. 7.12, eff. Aug. 28, 1989;

Acts 2001, 77th Leg., ch. 851, Sec. 6, eff. Sept. 1, 2001.

Sec. 212.029. INITIAL REVIEW OF PETITION. (a) The recount

coordinator shall review the petition for compliance with the

applicable requirements not later than 48 hours after receipt of

the petition.

(b) If the recount petition does not comply with the applicable

requirements, the recount coordinator shall promptly notify the

petitioner of each defect in the petition and shall enter on the

petition a description of each defect and the date of the notice.

A deposit in an improper form or amount is a defect for purposes

of this subsection.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 3, eff. Oct. 20,

1987.

Sec. 212.030. AMENDMENT OF PETITION. (a) A petitioner may

amend a recount petition to correct a defect.

(b) An amendment must be submitted to the recount coordinator

not later than the deadline for submitting the petition or 5 p.m.

of the second day after the date notice of the defect under

Section 212.029 is received by the petitioner, whichever is

later.

(c) On submission of an amendment, the recount coordinator shall

enter on the amendment the date and hour it is submitted.

(d) If an amendment is timely, the recount coordinator shall

promptly review the petition as amended.

(e) For purposes of this section, a correction of an improper

deposit is considered an amendment of the petition.

(f) If the amendment does not correct each defect in the

petition of which the petitioner was notified, the recount

coordinator shall reject the amended petition. The recount

coordinator shall promptly notify the petitioner of each

remaining defect and shall enter on the amended petition a

description of each defect and the date of notice. A petition may

not be amended more than once under this section.

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

by Acts 1989, 71st Leg., ch. 288, Sec. 1, eff. Sept. 1, 1989.

Sec. 212.031. FINAL ACTION ON PETITION. (a) If a recount

petition complies with the applicable requirements, the recount

coordinator shall approve the petition and note on the petition

its approved status and the date of the approval. The recount

coordinator shall immediately notify the recount supervisor of

the approval. The recount supervisor shall, with the written

approval of the recount coordinator, order the recount to be held

on a date occurring not later than the seventh day after the date

the petition is determined to comply with the applicable

requirements.

(b) If the petition does not comply with the applicable

requirements, the recount coordinator shall determine whether it

is correctable by amendment. If the petition is not correctable,

the coordinator shall reject the petition. If the petition is

correctable, the coordinator shall delay acting on the petition

until the deadline for amending it. If at that time the petition

is not corrected, the coordinator shall reject the petition.

(c) On rejecting a petition, the recount coordinator shall note

on the petition its rejected status and the reason for and date

of the rejection.

(d) After approving or rejecting a petition, the recount

coordinator shall promptly notify the petitioner of the action

taken.

(e) After approving or rejecting a petition submitted under

Section 212.026(b), the recount coordinator, if the coordinator

is not the same person as the presiding officer of the canvassing

authority designated by the joint election agreement, shall

promptly notify that presiding officer of the action taken.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 4, eff. Oct. 20,

1987; Acts 1989, 71st Leg., ch. 288, Sec. 2, eff. Sept. 1, 1989;

Acts 1997, 75th Leg., ch. 864, Sec. 209, eff. Sept. 1, 1997.

Sec. 212.032. NOTICE OF APPROVAL TO OTHERS INVOLVED IN ELECTION.

After approving a recount petition, the recount coordinator

shall promptly notify the following persons of the petition's

approval:

(1) if the recount involves an election for nomination or

election to an office, each opposing candidate;

(2) if the recount involves an election for presidential

electors, the presidential candidate who is shown by the election

returns to have received the most votes;

(3) if the recount involves a measure:

(A) the campaign treasurer of each specific-purpose political

committee involved in the election on the side opposite the side

that the petitioner represents; or

(B) a person eligible to vote in the election, selected by the

recount coordinator as an appropriate representative of the

interests of the opposite side, if no specific-purpose committee

was involved in the election; or

(4) if the recount involves a presidential primary election:

(A) each opposing candidate; and

(B) a registered voter selected by the recount coordinator as an

appropriate representative of the interests of the uncommitted

delegation, if an uncommitted delegation is entitled to delegate

representation.

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. 212.033. EFFECT OF PETITION SUBMISSION ON CANVASS. (a)

The submission of a recount petition before the canvassing

authority completes its canvass does not delay the canvass for

the office or measure involved in the recount.

(b) The canvassing authority shall make a notation on the

tabulation of any office or measure involved in a recount.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 5, eff. Oct. 20,

1987.

Sec. 212.0331. EFFECT OF PETITION SUBMISSION ON QUALIFYING FOR

OFFICE. (a) The submission of a recount petition delays the

issuance of a certificate of election and qualification for the

office involved in the recount pending completion of the recount.

(b) A candidate may not qualify for an office involved in a

recount before completion of the recount.

(c) This section does not affect a candidate who has received a

certificate of election and qualified for an office before the

submission of a recount petition involving the office.

(d) The secretary of state shall prescribe any procedures

necessary to implement this section.

Added by Acts 2001, 77th Leg., ch. 1144, Sec. 2, eff. Sept. 1,

2001.

Sec. 212.034. COUNTING ERRORS AS GROUND FOR RECOUNT IN PAPER

BALLOT PRECINCTS. (a) To obtain a recount on the ground of

counting errors in election precincts in which paper ballots were

used, a person must attach to the recount petition an affidavit

or affidavits from one or more presiding judges of the election

stating that certain votes cast for the office or measure, as

applicable, were either counted or not counted, as appropriate,

with a brief description of the circumstances involved. At the

same time the recount petition is submitted to the recount

coordinator, the petitioner must deliver a copy of the recount

petition and each affidavit to each opposing candidate or to the

campaign treasurer of each specific-purpose political committee

that was involved in the election on the measure, as appropriate,

and to the secretary of state. The copies must be delivered

personally or by registered or certified mail, return receipt

requested.

(b) The recount coordinator shall delay final action on a

recount petition submitted with an attached affidavit under

Subsection (a) pending receipt of the secretary of state's

certification.

(c) Any opposing candidate or any person listed in Section

212.023(b), 212.0231, or 212.024(b), as appropriate, is entitled

to submit to the secretary of state an affidavit contradicting

statements made in an affidavit submitted by the petitioner. A

contradicting affidavit must be received by the secretary of

state not later than the third day after the date the copy of the

recount petition and each affidavit is received by the secretary.

(d) A recount on the ground of counting errors may be obtained

if the secretary of state determines from uncontradicted

statements, based on undisputed facts, in an affidavit submitted

by the petitioner and from the election returns that certain

votes cast for the office or measure, as applicable, clearly were

erroneously counted or not counted, as appropriate, and that

without the errors the petitioner possibly would have received

the vote necessary to gain or tie for nomination, election, or

entitlement to a place on a runoff ballot or the petitioner's

side on a measure possibly would have received the most votes, as

applicable. The secretary may not make the determination if the

facts are disputed or raise unresolved legal questions as to

whether counting errors occurred.

(e) Not earlier than the fourth or later than the fifth day

after the date the copy of the recount petition and each

affidavit is received by the secretary of state, the secretary

shall deliver written certification of whether grounds exist for

obtaining a recount on the basis of counting errors to the

recount coordinator and shall deliver a copy of the certification

to the petitioner and to each opposing candidate or to the

campaign treasurer of each specific-purpose political committee

that was involved in the election on the measure, as appropriate.

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

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 33, eff. Sept. 1,

1987.

Sec. 212.035. APPLICATION FOR INCLUDING REMAINING PAPER BALLOT

PRECINCTS. (a) If a petition is approved for a partial recount

in election precincts in which paper ballots were used, any

opposing candidate or any person listed in Section 212.023(b),

212.0231, or 212.024(b), as appropriate, may have the remaining

election precincts in which paper ballots were used included in

the initial recount by submitting an application for including

the precincts to the recount coordinator.

(b) The application must be submitted not later than 2 p.m. of

the second day after the date the applicant receives notice of

the petition's approval.

(c) The application is subject to review, amendment, and action

by the recount coordinator in the same manner as a petition

submitted under this subchapter.

(d) After approving an application for including remaining

precincts, the recount coordinator shall promptly give notice of

the approval to the applicant, the petitioner, and any other

person entitled to notice under Section 212.032.

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

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 34, eff. Sept. 1,

1987.

SUBCHAPTER C. SUPPLEMENTARY RECOUNT FOLLOWING PARTIAL RECOUNT IN

PAPER BALLOT PRECINCTS

Sec. 212.051. APPLICABILITY OF SUBCHAPTER. This subchapter does

not apply to an election to which an expedited recount under

Subchapter D applies.

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

Sec. 212.052. SUPPLEMENTARY RECOUNT AUTHORIZED. If a partial

recount is conducted in election precincts in which paper ballots

were used, a recount of votes cast in the remaining precincts in

which paper ballots were used may be obtained as provided by this

subchapter.

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

Sec. 212.053. OBTAINING SUPPLEMENTARY RECOUNT. (a) A person

who was not entitled to obtain an initial recount on the grounds

prescribed by Section 212.022(1) or (2), 212.0231(1), or

212.024(a)(1) may obtain a supplementary recount if the partial

recount included less than 50 percent of the total vote received

by all candidates in the race or for the measure, as applicable,

as shown by the original election returns, and as a result of the

partial recount those grounds are satisfied.

(b) A person who was not entitled to obtain an initial recount

on the grounds prescribed by Section 212.022(1) or (2),

212.0231(1), or 212.024(a)(1) may obtain a supplementary recount

if the partial recount included 50 percent or more but less than

75 percent of the total vote received by all candidates in the

race or for the measure, as applicable, as shown by the original

election returns, and as a result of the partial recount those

grounds are satisfied, except that the percentage factor is two

percent rather than 10 percent.

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

by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 35, eff. Sept. 1,

1987.

Sec. 212.054. APPLICATION FOR SUPPLEMENTARY RECOUNT REQUIRED. A

supplementary recount may not be conducted unless a person

authorized to obtain the recount submits, as provided by this

subchapter, an application for the recount that complies with the

applicable requirements prescribed by this title.

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

Sec. 212.055. AUTHORITY TO WHOM APPLICATION SUBMITTED. A

supplementary recount application must be submitted to the

recount coordinator.

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

Sec. 212.056. TIME FOR SUBMITTING APPLICATION. (a) Except as

provided by Subsection (b), a supplementary recount application

must be submitted not later than 5 p.m. of the second day after

the date the applicant receives notice of the initial recount

result under Section 213.032 or 213.056.

(b) An application for a supplementary recount on a measure must

be submitted not later than 5 p.m. of the second day after the

date notice of the initial recount result under Section 213.032

or 213.056 was given to the person selected to receive notice of

the petition's approval under Section 212.032 if the applicant

is:

(1) the campaign treasurer of a specific-purpose political

committee who did not receive the notice of the initial recount

result; or

(2) a group of persons, none of whom received the notice of the

initial recount result.

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

Sec. 212.057. PROCESSING APPLICATION. (a) An application for a

supplementary recount is subject to review, amendment, and action

by the recount coordinator in the same manner as prescribed by

Sections 212.029, 212.030, and 212.031 for a petition for an

initial recount.

(b) After approving an application, the recount coordinator

shall promptly give notice of the approval of the application to

the petitioner for the initial recount and to each person

entitled to notice of an approved petition under Section 212.032.

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

SUBCHAPTER D. EXPEDITED RECOUNT

Sec. 212.081. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to a recount in an election on an office in which:

(1) a majority vote is required for nomination or election; and

(2) votes were cast for more than two candidates.

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

by Acts 1997, 75th Leg., ch. 1349, Sec. 67, eff. Sept. 1, 1997.

Sec. 212.082. RECOUNT PETITION. Except as otherwise provided by

this subchapter, a recount under this subchapter is initiated by

a petition submitted and processed in accordance with Subchapter

B.

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

Sec. 212.083. DEADLINE FOR SUBMITTING PETITION. The deadline

for submitting a recount petition under this subchapter is the

later of:

(1) 2 p.m. of the third day after election day; or

(2) 2 p.m. of the first day after the date of the local canvass.

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

by Acts 1997, 75th Leg., ch. 1349, Sec. 67, eff. Sept. 1, 1997.

Sec. 212.084. NOTICE OF PETITION SUBMISSION. If the recount

coordinator determines that a recount petition does not comply

with the applicable requirements but is correctable by amendment,

the coordinator shall promptly give notice of the submission to

each opposing candidate. The notice required by this section is

in addition to the notice of approval of a petition required by

Section 212.032.

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

Sec. 212.085. DEADLINE FOR AMENDING PETITION. The deadline for

amending a petition under this subchapter is:

(1) 10 a.m. of the day after the date notice of defect is

received, if received at or after 12 midnight and before 12 noon;

or

(2) 4 p.m. of the day after the date notice of defect is

received, if received at or after 12 noon and before 12 midnight.

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

by Acts 1997, 75th Leg., ch. 1349, Sec. 67, eff. Sept. 1, 1997.

Sec. 212.086. APPLICATION FOR INCLUDING REMAINING PAPER BALLOT

PRECINCTS. Except as otherwise provided by this subchapter, the

provisions of Subchapter B governing an application for including

remaining paper ballot precincts govern the application in an

expedited recount.

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

Sec. 212.087. PROCESSING APPLICATION. An application for

including remaining paper ballot precincts is subject to review,

amendment, and action by the recount coordinator in the same

manner as a petition submitted under this subchapter, except that

Section 212.084 does not apply.

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

Sec. 212.088. DEADLINE ON SATURDAY, SUNDAY, OR HOLIDAY. (a) If

the deadline for submitting an expedited recount petition falls

on a Saturday, Sunday, or legal state holiday, the deadline is

extended to 10 a.m. of the next regular business day.

(b) Except as provided by Subsection (a), a deadline prescribed

by this subchapter is not affected by its falling on a Saturday,

Sunday, or holiday.

(c) If the deadline for submitting an application for including

remaining paper ballot precincts or an amendment to a petition or

application falls on a Saturday, Sunday, or legal state holiday,

the recount coordinator shall be accessible or have an agent

accessible at the coordinator's office for at least one hour

immediately preceding the deadline unless the document subject to

the deadline has already been submitted. Failure of the

coordinator to comply with this subsection excuses performance

until 9 a.m. of the next day that is not a Saturday, Sunday, or

legal state holiday.

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

by Acts 2003, 78th Leg., ch. 1316, Sec. 41, eff. Sept. 1, 2003.

Sec. 212.089. DAYS AND HOURS FOR PERFORMING DUTIES. The recount

coordinator, each recount supervisor, and each recount committee

involved in an expedited recount shall continue performing their

duties on days that are not regular working days and during hours

that are not regular working hours if necessary to complete the

recount in time to avoid interfering with the orderly conduct of

the scheduled runoff election.

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

SUBCHAPTER E. DEPOSIT FOR COSTS OF RECOUNT

Sec. 212.111. DEPOSIT REQUIRED. (a) A deposit to cover the

costs of a recount must accompany the submission of a recount

document.

(b) The deposit must be in the form of cash or a cashier's check

or money order made payable to the recount coordinator.

(c) Repealed by Acts 2003, 78th Leg., ch. 1316, Sec. 44.

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

by Acts 2003, 78th Leg., ch. 1316, Sec. 42, 44, eff. Sept. 1,

2003.

Sec. 212.112. AMOUNT OF DEPOSIT. The amount of the recount

deposit is:

(1) $60 for each precinct in which regular paper ballots were

used; and

(2) $100 for each precinct in which an electronic voting system

was used.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 6, eff. Oct. 20,

1987; Acts 1991, 72nd Leg., ch. 203, Sec. 2.66; Acts 1991, 72nd

Leg., ch. 554, Sec. 37, eff. Sept. 1, 1991; Acts 2003, 78th Leg.,

ch. 583, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.15, eff. January 1, 2006.

Acts 2009, 81st Leg., R.S., Ch.

1235, Sec. 20, eff. September 1, 2009.

Sec. 212.113. RETURN OF DEPOSIT. (a) On rejection of a recount

document, the recount coordinator shall return the recount

deposit to the person who submitted the document.

(b) On the timely withdrawal of a recount document, the recount

coordinator shall return to the person who submitted the document

the recount deposit less any necessary expenditures made toward

the conduct of the recount before the request for withdrawal was

received.

(c) The recount coordinator shall return to each person

requesting a recount whose chosen counting method is not used

under Section 212.005(d) the recount deposit less any necessary

expenditures made toward the conduct of the recount before the

other counting method was determined to be the preferential

method.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 7, eff. Oct. 20,

1987; Acts 1997, 75th Leg., ch. 1349, Sec. 68, eff. Sept. 1,

1997.

SUBCHAPTER F. SCOPE OF RECOUNT

Sec. 212.131. SCOPE OF INITIAL RECOUNT. (a) Except as provided

by Subsection (d), an initial recount in an election for which

there is no canvass at the state level must include each election

precinct in the election.

(b) In an election for which there is a final canvass at the

state level, an initial recount of votes cast on paper ballots

must include each election precinct in which paper ballots were

used in the election, except as provided by Subsection (d).

(c) In an election for which there is a final canvass at the

state level, an initial recount of votes cast in a particular

voting system may include any one or more counties covered by the

election, but must include all the election precincts in which a

particular voting system is used in each county recounted.

(d) An initial recount may include any one or more election

precincts in which counting errors occurred as certified by the

secretary of state under Section 212.034.

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

by Acts 2001, 77th Leg., ch. 851, Sec. 7, eff. Sept. 1, 2001.

Sec. 212.132. SCOPE OF SUPPLEMENTARY RECOUNT. A supplementary

recount must include each remaining election precinct in which

paper ballots were used in the election.

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

Sec. 212.133. SCOPE OF EXPEDITED RECOUNT. An expedited recount

is governed by Section 212.131.

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

Sec. 212.134. EARLY VOTING VOTES TREATED AS PRECINCT. (a)

Except as provided by Subsection (b), for the purpose of

specifying which election precincts are to be included in a

recount, all the early voting votes canvassed by a local

canvassing authority shall be treated as constituting one

election precinct.

(b) Each early voting polling place in which voting machines

were used shall be treated as constituting one election precinct.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.67; Acts 1991, 72nd

Leg., ch. 554, Sec. 38, eff. Sept. 1, 1991.

Sec. 212.135. VOTES TO BE RECOUNTED. Except as provided by

Section 212.136, all votes cast in the election precincts

included in a recount on the office or measure specified by the

recount document are subject to the recount.

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

Sec. 212.136. EXCLUSION OF CERTAIN VOTES FROM RECOUNT IN

PRECINCTS USING VOTING SYSTEM. (a) Except as provided by

Subsection (c), write-in votes cast in connection with a voting

system shall be excluded from a recount of an election in which a

plurality vote is sufficient.

(b) Except as provided by Subsection (c), in a recount of an

election in which a majority vote is required, if the candidate

who first requests a recount in one or more precincts in which a

voting system was used specifies in the recount document that

only a recount of the write-in votes or only a recount of the

voting system votes is requested, the votes for which the recount

is not requested shall be excluded from the recount unless an

objection to the exclusion is made under Section 212.137. A

request for a recount of only write-in votes or only voting

system votes must apply to all precincts included in the recount

in which a voting system was used.

(c) Write-in votes may not be excluded from a recount in which a

write-in candidate is the petitioner or a person entitled to

notice of an approved petition under Section 212.032.

(d) The treatment given to the votes in the recount obtained

under the recount document in which a recount in a voting system

precinct is first requested must be given to the votes in all

voting system precincts for which a recount is obtained under a

subsequently submitted recount document pertaining to the same

election.

(e) In a precinct in which voting system votes are excluded from

a recount, the vote count entered on the original precinct

election returns for the excluded votes shall be treated as the

count for those votes for the purposes of the recount.

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

Sec. 212.137. OBJECTION TO EXCLUSION OF VOTES. (a) The notice

of approval of a recount document in which an exclusion of votes

is requested under Section 212.136 must include notice that the

exclusion has been requested.

(b) The votes subject to the requested exclusion may not be

excluded if a candidate entitled to notice under Subsection (a)

notifies the recount coordinator not later than 18 hours after

receiving the notice that the candidate objects to the exclusion.

(c) The sufficiency of the deposit accompanying a recount

document requesting an exclusion is not affected by a timely

objection to the exclusion, but the candidate is liable for the

full costs of the recount, including the costs attributable to

the recount of the votes requested to be excluded, if the costs

are assessed against the candidate.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 210, eff. Sept. 1, 1997.