CHAPTER 213. CONDUCT OF RECOUNT - Texas Statutes

ELECTION CODE

TITLE 13. RECOUNTS

CHAPTER 213. CONDUCT OF RECOUNT

SUBCHAPTER A. CONDUCT OF RECOUNT GENERALLY

Sec. 213.001. GENERAL SUPERVISION OF RECOUNT. (a) The

presiding officer of each local canvassing authority having

jurisdiction of election precincts included in a recount shall

manage and supervise the recount for the precincts in that

authority's jurisdiction.

(b) In a recount of an election canvassed jointly with another

election, the presiding officer of the authority designated by

law as the canvassing authority for the election, rather than the

presiding officer of the joint canvassing authority, shall manage

and supervise the recount.

(c) The custodian of voted ballots in the election, or the

custodian's designee, is entitled to be present at each phase of

the recounting process.

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

Sec. 213.002. RECOUNT COMMITTEE. (a) Before beginning a

recount, each recount supervisor shall appoint a recount

committee composed of as many members as the supervisor

determines are necessary for a speedy recount. The committee must

be composed of at least four members. The recount coordinator may

appoint one member.

(b) The recount supervisor shall appoint a chair from the

membership.

(c) The recount committee shall count the votes in a recount

under the direct management and supervision of the chair. The

recount supervisor or the supervisor's designee may exercise the

chair's authority when present during the counting process.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 8, eff. Oct. 20,

1987; Acts 1989, 71st Leg., ch. 288, Sec. 3, eff. Sept. 1, 1989;

Acts 1997, 75th Leg., ch. 864, Sec. 211, eff. Sept. 1, 1997.

Sec. 213.003. ELIGIBILITY FOR COMMITTEE MEMBERSHIP. (a) Except

as provided by Subsections (b) and (c), to be eligible for

appointment as a member of a recount committee, a person must be

a qualified voter of the political subdivision served by the

recount supervisor and must otherwise meet the eligibility

requirements prescribed by this code for precinct election judges

and clerks. A person who served as an election judge or as judge

of the early voting ballot board in the election is ineligible to

serve as a member of the recount committee. An officer of a

political party is eligible to serve as a member of the

committee.

(b) A tabulation supervisor, assistant tabulation supervisor, or

manager of a central counting station appointed in a recount

using automatic tabulating equipment to recount ballots

originally counted at a central counting station is not subject

to Subsection (a).

(c) A person who is appointed as a member of a recount committee

by the secretary of state or a state party chair and who

otherwise meets the eligibility requirements prescribed by this

code for precinct election judges and clerks is eligible for

appointment regardless of whether the person is a qualified voter

of the political subdivision served by the recount supervisor.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 9, eff. Oct. 20,

1987; Acts 1989, 71st Leg., ch. 288, Sec. 4, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 2.68; Acts 1991, 72nd Leg.,

ch. 554, Sec. 39, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch.

864, Sec. 212, eff. Sept. 1, 1997.

Sec. 213.004. COMPENSATION OF COMMITTEE MEMBERS. (a) Except as

provided by Subsection (b), a member of a recount committee is

entitled to compensation for time spent in making a recount at an

hourly rate set by the recount supervisor, not to exceed the

maximum hourly rate for election judges.

(b) A tabulator assisting in a recount using automatic

tabulating equipment to recount ballots originally counted at a

central counting station is entitled to compensation in an amount

set by the recount supervisor, not to exceed the rate of

compensation for the tabulation supervisor of the central

counting station.

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

Sec. 213.005. COUNTING TEAMS. (a) A recount committee in a

recount other than a recount on automatic tabulating equipment

shall function as one or more counting teams composed of three

members each. The recount coordinator may appoint one member of

each team.

(b) Subject to the authority of the recount supervisor or the

supervisor's designee, the recount committee chair shall

designate the members to serve on each team and the duties to be

performed by each member.

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

by Acts 1987, 70th Leg. 2nd C.S., ch. 59, Sec. 10, eff. Oct. 20,

1987; Acts 1993, 73rd Leg., ch. 728, Sec. 74, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 864, Sec. 213, eff. Sept. 1, 1997.

Sec. 213.006. DETERMINATION OF COUNTING QUESTIONS. (a) The

recount committee chair has the same authority as a presiding

election judge to determine whether a particular ballot may be

lawfully counted and how a voter's marking of a ballot should be

interpreted.

(b) After consulting the recount coordinator's appointee, the

recount committee chair shall prepare a written statement of the

specific reasons for not counting a particular ballot. Any

uncounted ballots shall be kept separately in the appropriate

container.

(c) Early voting ballots rejected by the early voting ballot

board may not be counted in the 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. 11, eff. Oct. 20,

1987; Acts 1991, 72nd Leg., ch. 203, Sec. 2.69; Acts 1991, 72nd

Leg., ch. 554, Sec. 40, eff. Sept. 1, 1991; Acts 1997, 75th Leg.,

ch. 864, Sec. 214, eff. Sept. 1, 1997.

Sec. 213.007. ACCESS TO BALLOTS, EQUIPMENT, AND OTHER MATERIALS.

(a) On presentation by a recount committee chair of a written

order signed by the recount supervisor, the custodian of voted

ballots, voting machines or test materials or programs used in

counting electronic voting system ballots shall make the ballots,

machines, or materials or programs, including the records from

which the operation of the voting system may be audited,

available to the committee.

(b) The custodian of keys to secured materials or equipment

shall make the keys available to the committee in the same manner

as provided by Subsection (a).

(c) The recount committee chair shall have the materials and

equipment restored to their secured condition and returned to the

appropriate custodian.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 215, eff. Sept. 1, 1997;

Acts 2003, 78th Leg., ch. 1315, Sec. 54, eff. Jan. 1, 2004.

Sec. 213.008. ARRANGEMENTS FOR RECOUNT; SETTING TIME AND PLACE.

The recount supervisor shall make the arrangements necessary for

conducting the recount and shall set the time and place for

beginning the recount.

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

Sec. 213.009. NOTICE OF RECOUNT. (a) The recount supervisor

shall give personal notice of an initial recount to the

petitioner, personal notice of a supplementary recount to both

the petitioner and applicant, and personal notice of an expedited

recount to the petitioner and to any applicant.

(b) Notice required by Subsection (a) shall also be given to

each person entitled to notice under Section 212.032.

(c) The notice must include the time and place at which the

recount is scheduled to begin and the number of counting teams

designated for the recount, if applicable.

(d) Except as provided by Section 213.010, the notice shall be

given at least 18 hours before the recount begins.

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

Sec. 213.010. EARLY RECOUNT. A recount may begin earlier than

18 hours after notice is given under Section 213.009 if each

person entitled to the notice agrees to begin at a specified

earlier time.

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

Sec. 213.011. VOTES COUNTED BY PRECINCT. The recount committee

shall count the votes separately by precinct.

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

Sec. 213.0111. RECOUNT OF DISPUTED BALLOTS. (a) On receipt of

an affidavit executed by any recount committee member alleging

that legal votes were not counted or illegal votes were counted

during the initial recount, the recount coordinator may order a

new recount of the disputed ballots. For a county or precinct

office in a primary election, the county chair may order the new

recount only on the approval of the state chair.

(b) The affidavit must be received by the recount coordinator

within 48 hours after the determination of the results of the

initial recount.

(c) Notice of the new recount shall be given in the manner

prescribed by Section 213.009 for an initial recount.

(d) The new recount must begin not later than the seventh day

after the date the notice is given.

(e) The recount coordinator shall appoint a recount committee to

conduct the new recount.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 12, eff.

Oct. 20, 1987. Amended by Acts 1993, 73rd Leg., ch. 759, Sec. 1,

eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 864, Sec. 216, eff.

Sept. 1, 1997.

Sec. 213.012. COMMITTEE REPORT OF RECOUNT. (a) After the

recount is completed, the recount committee chair shall prepare a

report of the committee's vote count and sign the report. Votes

shall be reported separately by precinct.

(b) The chair shall deliver one copy of the report to the

recount supervisor and one copy to the general custodian of

election records.

(c) The copies of the report shall be preserved for the period

for preserving the precinct election records.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 217, eff. Sept. 1, 1997.

Sec. 213.013. REPRESENTATION OF PARTIES AND POLITICAL PARTIES AT

RECOUNT. (a) Each person entitled to notice of the recount

under Section 213.009 is entitled to be present at a recount.

(b) In a recount of an election on an office, each candidate for

the office is entitled to be present at the recount and have

watchers present in the number corresponding to the number of

counting teams designated for the recount. If only one counting

team is designated or the recount is conducted on automatic

tabulating equipment, each candidate is entitled to two watchers.

(c) In a recount of an election on an office for which a

political party has a nominee or for which a candidate is aligned

with a political party, the party is entitled to have watchers

present in the same number prescribed for candidates under

Subsection (b).

(d) In a recount of an election on a measure, watchers may be

appointed by the campaign treasurer or assistant campaign

treasurer of a specific-purpose political committee that supports

or opposes the measure in the number corresponding to the number

of counting teams designated for the recount. If only one

counting team is designated or the recount is conducted on

automatic tabulating equipment, each eligible specific-purpose

political committee is entitled to two watchers.

(e) A watcher appointed to serve at a recount must deliver a

certificate of appointment to the recount committee chair at the

time the watcher reports for service. A watcher who presents

himself or herself for service at any time immediately before or

during the recount and submits a proper certificate of

appointment must be accepted for service unless the number of

appointees to which the appointing authority is entitled have

already been accepted.

(f) The certificate must be in writing and must include:

(1) the printed name and the signature of the watcher;

(2) the election subject to the recount;

(3) the time and place of the recount;

(4) the measure, candidate, or political party being

represented;

(5) the signature and the printed name of the person making the

appointment; and

(6) an indication of the capacity in which the appointing

authority is acting.

(g) If the watcher is accepted for service, the recount

committee chair shall keep the certificate and deliver it to the

recount coordinator after the recount for preservation under

Section 211.007. If the watcher is not accepted for service, the

recount committee chair shall return the certificate to the

watcher with a signed statement of the reason for the rejection.

(h) Each person entitled to be present at a recount is entitled

to observe any activity conducted in connection with the recount.

The person is entitled to sit or stand conveniently near the

officers conducting the observed activity and near enough to an

officer who is announcing the votes or examining or processing

the ballots to verify that the ballots are counted or processed

correctly or to an officer who is tallying the votes to verify

that they are tallied correctly. Rules concerning a watcher's

rights, duties, and privileges are otherwise the same as those

prescribed by this code for poll watchers to the extent they can

be made applicable.

(i) No mechanical or electronic means of recording images or

sound are allowed inside the room in which the recount is

conducted, or in any hallway or corridor in the building in which

the recount is conducted within 30 feet of the entrance to the

room, while the recount is in progress. However, on request of a

person entitled to appoint watchers to serve at the recount, the

recount committee chair shall permit the person to photocopy

under the chair's supervision any ballot, including any

supporting materials, challenged by the person or person's

watcher. The person must pay a reasonable charge for making the

copies and, if no photocopying equipment is available, may supply

that equipment at the person's expense. The person shall provide

a copy on request to another person entitled to appoint watchers

to serve at the 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. 13, eff. Oct. 20,

1987; Acts 1993, 73rd Leg., ch. 728, Sec. 75, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 864, Sec. 218, eff. Sept. 1, 1997.

Amended by:

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

1235, Sec. 21, eff. September 1, 2009.

Sec. 213.014. CANVASS BY COMMITTEE FOLLOWING RECOUNT. If a

canvassing authority that normally makes the canvass following a

recount consists of more than five members, the presiding officer

of the authority may require the canvass to be made by a

committee composed of the presiding officer and four other

members of the canvassing authority designated by the presiding

officer.

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

Sec. 213.015. BYSTANDERS EXCLUDED. (a) Only persons that are

specifically permitted by law to attend a recount may be inside

the room in which the recount is conducted, or in any hallway or

corridor in the building in which the recount is conducted within

30 feet of the entrance to the room, while the recount is in

progress.

(b) A recount committee chair has the same authority as that of

a presiding judge at a polling place to preserve order during the

recount.

Added by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 14, eff.

Oct. 20, 1987. Amended by Acts 1997, 75th Leg., ch. 864, Sec.

219, eff. Sept. 1, 1997.

Sec. 213.016. PRINTING IMAGES OF BALLOTS CAST USING DIRECT

RECORDING ELECTRONIC VOTING MACHINES. During any printing of

images of ballots cast using direct recording electronic voting

machines for the purpose of a recount, the full recount committee

is not required to be present. The recount committee chair shall

determine how many committee members must be present during the

printing of the images. Each candidate is entitled to be present

and to have representatives present during the printing of the

images in the same number as Section 213.013(b) prescribes for

watchers for a recount.

Added by Acts 2003, 78th Leg., ch. 583, Sec. 2, eff. Sept. 1,

2003.

Amended by:

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

1235, Sec. 22, eff. September 1, 2009.

SUBCHAPTER B. ELECTIONS WITHOUT STATE LEVEL CANVASS

Sec. 213.031. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to recounts in elections for which there is no canvass at

the state level.

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

Sec. 213.032. NOTICE OF PARTIAL INITIAL RECOUNT. After

receiving the recount committee's report of a partial initial

recount, the recount supervisor shall promptly give notice of the

result of the recount to each person entitled to notice of the

recount under Section 213.009.

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

Sec. 213.033. CANVASS FOLLOWING RECOUNT. (a) As soon as

practicable after completion of a recount that changes the number

of votes received for a particular candidate or for or against a

measure, the canvassing authority shall conduct a canvass for the

office or measure involved using the recount committee's report

in the recount supervisor's possession, instead of the original

precinct election returns, for each precinct in which a recount

was conducted. An original canvass for the office or measure is

void, and the new canvass is the official canvass for the

election on that office or measure. If no change occurs in the

recount in the number of votes received for a candidate or for or

against a measure, the official result of the election is

determined from the original canvass.

(b) In a recount of an election in which there is more than one

local canvassing authority, the result of the canvass conducted

under this section shall be reported to the other canvassing

authorities in the same manner as the result of an original

canvass.

(c) The appropriate authority shall take any further action that

may be necessary in the same manner as for an original canvass.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 15, eff. Oct. 20,

1987; Acts 1993, 73rd Leg., ch. 759, Sec. 2, eff. Sept. 1, 1993.

SUBCHAPTER C. ELECTIONS WITH STATE LEVEL CANVASS

Sec. 213.051. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to recounts in elections for which there is a final

canvass at the state level.

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

Sec. 213.052. AGENT FOR RECEIVING NOTICE OF RECOUNT. (a) If a

recount includes election precincts in the jurisdiction of more

than one local canvassing authority, a person entitled to notice

under Section 212.032 may designate an agent for any one or more

of the jurisdictions to receive the notice required by Section

213.009(b).

(b) The recount coordinator shall ascertain whether a person

notified under Section 212.032 desires to appoint agents under

Subsection (a) and, if so, each agent's name, address, and

telephone number.

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

Sec. 213.053. NOTICE OF RECOUNT TO SUPERVISOR. The recount

coordinator shall give each recount supervisor involved in a

recount notice of:

(1) the precincts in the supervisor's jurisdiction included in

the recount and any other pertinent information concerning the

recount; and

(2) the name, address, and telephone number of each person to be

notified of the recount under Section 213.009.

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

Sec. 213.054. NOTICE OF RECOUNT RESULT TO COORDINATOR. After

receiving the recount committee's report, the recount supervisor

shall promptly notify the recount coordinator of the result of

the recount.

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

Sec. 213.055. SUPERVISOR'S REPORT. (a) As soon as practicable

after receiving the recount committee's report, the recount

supervisor shall prepare and sign a report of the vote count by

precinct in the supervisor's jurisdiction, using the recount

committee's report for the precincts recounted and the original

precinct election returns for the precincts not recounted.

(b) The report prepared under this section is the official

statement of the vote count in the local canvassing authority's

jurisdiction.

(c) On completion of the report required by this section, the

recount supervisor shall deliver one copy to the recount

coordinator and one copy to the general custodian of election

records. The copies shall be preserved for the period for

preserving the precinct election records.

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

Sec. 213.056. DETERMINATION OF RESULT OF RECOUNT; NOTICE. (a)

After receiving the notices of the results of a recount from all

the recount supervisors, the recount coordinator shall promptly

determine the result of the recount.

(b) The recount coordinator shall give notice of the result of

the recount to:

(1) the petitioner and each person entitled to notice under

Section 212.032, for an initial recount or an expedited recount;

and

(2) the petitioner, the applicant, and any other person entitled

to notice under Section 212.032, for a supplementary recount.

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

Sec. 213.057. CANVASS FOLLOWING RECOUNT. As soon as practicable

after completion of a recount that changes the number of votes

received for a particular candidate or for or against a measure,

the final canvassing authority shall conduct a canvass for the

office or measure involved using the recount supervisor's report,

instead of the original county election returns, for each county

in which a recount was conducted. An original final canvass for

the office or measure is void, and the new final canvass is the

official final canvass for the election on that office or

measure. If no change occurs in the recount in the number of

votes received for a candidate or for or against a measure, the

official result of the election is determined from the original

final canvass.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 16, eff. Oct. 20,

1987; Acts 1993, 73rd Leg., ch. 759, Sec. 3, eff. Sept. 1, 1993.

Sec. 213.058. CANVASS FOLLOWING EXPEDITED RECOUNT. (a) Unless

a person entitled to notice under Section 213.056 makes an

objection to the recount coordinator before the canvass resulting

from a recount, the final canvassing authority may use results

reported to the recount coordinator by telephone or telegraph

under Section 213.054 as the basis for its canvass following an

expedited recount if the orderly conduct of a runoff election

would be disrupted by delaying the canvass until the recount

supervisors' written reports are received.

(b) If an objection is made under Subsection (a), the recount

coordinator shall ascertain the grounds for the objection and

shall verify with the appropriate recount supervisor each result

to which objection is made. If the verification changes the

overall result as originally determined by the coordinator, the

coordinator shall give notice of the change to the persons

entitled to receive the original notice of the result and shall

continue the verification process until no objection exists. The

canvass may then be conducted on the basis of telephone or

telegraph reports as verified.

(c) If a canvass is conducted on the basis of results reported

by telephone or telegraph, on receiving a recount supervisor's

written report, the recount coordinator shall compare the report

with the result used in the canvass. If a discrepancy exists, the

coordinator shall ascertain the correct vote count from the

supervisor. The supervisor shall deliver a corrected written

report to the coordinator if the original written report is

incorrect.

(d) If a discrepancy that affects the outcome of the election is

discovered in the comparison made under Subsection (c), the

recount coordinator shall immediately call a meeting of the

canvassing authority or notify the governor, as applicable, to

conduct another canvass and shall take the necessary action for

correction of the ballots for the runoff election. If discovered

discrepancies do not affect the outcome, the coordinator shall

correct the canvassing authority's vote tabulation to conform to

the written reports.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 17, eff. Oct. 20,

1987; Acts 1989, 71st Leg., ch. 163, Sec. 6, eff. Sept. 1, 1989;

Acts 1993, 73rd Leg., ch. 759, Sec. 4, eff. Sept. 1, 1993.

Sec. 213.059. GENERAL ELECTION FOR GOVERNOR OR LIEUTENANT

GOVERNOR. (a) A recount in a general election for the office of

governor or lieutenant governor shall be conducted in the same

manner as a recount of a general election for a state office in

which the final canvass is made by the governor, except as

provided by this section.

(b) The governor is considered to be the final canvassing

authority for the election and the secretary of state's

tabulation of the county election returns is considered to be the

declaration of the official result.

(c) The recount supervisor shall deliver two copies of the

report prepared under Section 213.055 to the secretary of state.

The secretary shall use one copy for the tabulation of the votes

after the recount is completed. The secretary shall deliver the

other copy to the speaker of the house of representatives.

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

by Acts 1989, 71st Leg., ch. 163, Sec. 7, eff. Sept. 1, 1989.