CHAPTER 214. COUNTING PROCEDURES - Texas Statutes

ELECTION CODE

TITLE 13. RECOUNTS

CHAPTER 214. COUNTING PROCEDURES

SUBCHAPTER A. MANUALLY COUNTED BALLOTS

Sec. 214.001. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to a recount of regular paper ballots and any other

ballots not recounted under Subchapter B, C, or D.

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

Sec. 214.002. COUNTING PROCEDURE. (a) One member of a counting

team shall read the ballots, and the other two members shall

tally the votes as the ballots are read.

(b) The count shall be made, and the correctness of the tally

lists shall be certified, in the same manner as an original count

of regular paper ballots, except that only two tally lists are

prepared.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 76, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 2.16, eff. January 1, 2006.

Sec. 214.003. DISPOSITION OF TALLY LISTS. (a) On completion of

the count for a precinct, a member of the counting team shall

place one tally list in the ballot box containing the voted

ballots and shall deliver the other tally list to the recount

committee chair.

(b) The recount committee chair shall use the tally list

received from the counting team in preparing the committee report

of the recount. The chair shall attach the tally list to the copy

of the committee report that is to be delivered to the recount

supervisor. The attached tally list is part of the report.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 220, eff. Sept. 1, 1997.

SUBCHAPTER C. BALLOTS COUNTED BY AUTOMATIC TABULATING EQUIPMENT

Sec. 214.041. APPLICABILITY OF SUBCHAPTER. (a) This subchapter

applies to a recount of electronic voting system ballots on

automatic tabulating equipment.

(b) In this subchapter, "electronic recount" means a recount on

automatic tabulating equipment.

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

Sec. 214.042. COUNTING METHOD FOR RECOUNT. (a) A person

requesting a recount of electronic voting system ballots has a

choice of:

(1) an electronic recount using the same program as the original

count;

(2) an electronic recount using a corrected program under

Section 214.046(c), if obtainable; or

(3) a manual recount as provided by Subchapter A.

(b) The same counting method must be used in all precincts

included in the recount document for which the same program was

used in the original count.

(c) Unless a different counting method is requested, the ballots

shall be counted electronically using the same program as the

original count.

(d) Except as otherwise provided by this subchapter, a request

for a specific counting method must be made in the recount

document, specifying the precincts to which the request applies

if it does not apply to all precincts in which electronic voting

system ballots are to be recounted.

(e) After a recount document is approved, the person requesting

the recount may change the counting method specified in the

document by filing with the appropriate recount supervisor a

written request for a different method before the supervisor

gives notice of the time and place for beginning the recount. If

the requested change is to a manual recount, the request must be

accompanied by a cashier's check payable to the recount

coordinator in the amount of the difference between the amount of

the deposit for a manual recount and the amount for an electronic

recount.

(f) If a recount supervisor who receives a request for a change

to a manual recount under Subsection (e) is not also the recount

coordinator, the supervisor shall notify the coordinator of the

change and shall deliver the accompanying check to the

coordinator.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 18, eff. Oct. 20,

1987.

Sec. 214.043. EQUIPMENT USED FOR RECOUNT. (a) The recount

supervisor shall designate the automatic tabulating equipment to

be used for an electronic recount in precincts in the

supervisor's jurisdiction.

(b) A recount of ballots originally counted on automatic

tabulating equipment at a polling place must be made on the same

or a similar unit of equipment unless the person requesting the

recount requests that other equipment be used.

(c) A recount of ballots originally counted at a central

counting station must be made on the same equipment unless:

(1) the equipment is unavailable or is not in usable condition;

or

(2) the person requesting the recount requests that other

equipment be used.

(d) If the equipment used for the original count is available

and in usable condition, the recount supervisor is not required

to grant a request that the recount be made on different

equipment unless the request is contained in the recount document

or in a written request filed with the supervisor before the

supervisor gives notice of the time and place for beginning the

recount.

(e) Equipment other than that used for the original count must:

(1) be located at a site that complies with Section 127.001(c)

unless all persons entitled to notice of the recount consent to a

site that does not comply; and

(2) be approved by:

(A) the programmer for the election if the ballots were counted

at a polling place and the unit to be used for the recount was

not used in the election; or

(B) the programmer for the election or the tabulation supervisor

of the central counting station at which the ballots were

counted, if counted at a central counting station.

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

Sec. 214.044. CHARGE FOR USE OF EQUIPMENT. The person having

control of the automatic tabulating equipment used in the

original count shall make it available for a recount for a

reasonable charge at a rate not to exceed the rate charged for

its use in the election being recounted. If the equipment is

owned or leased by the authority responsible for the expenses of

the election, a charge may not be made for its use in the

recount.

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

Sec. 214.045. COMPOSITION OF COMMITTEE. (a) The recount

committee chair shall designate one member of the recount

committee for an electronic recount to operate the automatic

tabulating equipment. In this subchapter, "recount tabulator"

means the member designated to operate the equipment.

(b) In a recount of ballots originally counted at a central

counting station, the recount tabulator must be the tabulation

supervisor of the station, an assistant to the supervisor, or a

person approved by the supervisor.

(c) In a recount of ballots originally counted at a polling

place, the recount tabulator must be a person who has served as

an election officer at a polling place using the type of

equipment on which the recount is made and must have had

experience in operating the equipment.

(d) At least one member of the recount committee other than the

recount tabulator must have had experience in operating the type

of equipment on which the recount is made.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 223, eff. Sept. 1, 1997.

Sec. 214.046. TEST OF PROGRAM AND EQUIPMENT. (a) After the

time set for beginning an electronic recount but before the

recount is made, the recount tabulator shall conduct a test of

the program and equipment in the same manner as the test that is

conducted immediately before an original count of ballots for an

election. Each person entitled to notice of the recount or the

person's representative at the recount is entitled to examine the

program and the test materials on request.

(b) If the test is unsuccessful, the recount tabulator shall

notify the recount committee chair, who shall notify the recount

supervisor, and the supervisor shall investigate the cause of the

test's failure. The electronic recount may not proceed until a

test is successful on the equipment used for the first test or on

other equipment selected by the supervisor.

(c) If the recount supervisor determines that the program is

defective, the supervisor shall inform the person requesting the

recount or the person's agent. The person requesting the recount

may notify the supervisor:

(1) to have the ballots recounted manually; or

(2) to attempt to correct the program so that an electronic

recount may be conducted with the corrected program.

(d) A recount using a corrected program may not be made unless

the tabulation supervisor of the central counting station or the

presiding election judge of the polling place at which the

ballots were counted, as applicable, and the person who prepared

the program sign a written statement indicating that the original

program is defective. If the statement cannot be obtained, the

recount supervisor shall have the ballots recounted manually.

(e) If a recount using a corrected program is to be made, the

original program shall be preserved without change and a complete

new program shall be prepared. The original set of test materials

shall also be preserved without change and a complete new set

shall be prepared if the original set is unsuitable for testing

the corrected program.

(f) The recount supervisor shall obtain from the person who

prepares a new program a signed statement that the program was

prepared by the person, with the date of preparation and the

person's address shown on the statement. The new program, the

preparer's statement, and the test materials used for

verification shall be preserved in a sealed container in the same

manner and for the same period as the original program.

(g) The costs of a recount under Subsection (c) may not be

assessed against a person regardless of its outcome. If other

precincts are included in the same recount document, the

assessment of the costs in the other precincts shall be

determined by the overall outcome in all precincts included in

the document.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 224, eff. Sept. 1, 1997.

Sec. 214.047. TEST USING UNOFFICIAL TEST MATERIALS. (a) In

addition to a test conducted under Section 214.046 using official

test materials, a person requesting a recount of electronic

voting system ballots but not requesting a manual recount is

entitled to have each test repeated, using test materials

furnished by the person, if the person offers the materials to

the recount tabulator before or immediately after the official

test is made.

(b) The outcome of a test using unofficial test materials has no

legal effect on the conduct of the recount.

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

Sec. 214.048. REQUEST FOR MANUAL RECOUNT AFTER SUCCESSFUL TEST.

(a) If a person requesting an electronic recount is dissatisfied

with the program or the equipment to be used for the recount

after a successful test conducted under Section 214.046, the

person may change the method of counting to a manual recount as

provided by this section.

(b) A person desiring a manual recount under this section must

notify the recount supervisor immediately after the test is

concluded that a manual recount is desired.

(c) After being notified under Subsection (b) that a manual

recount is desired, the recount supervisor shall promptly deliver

to the person requesting the recount a written statement of the

costs incurred for use of the equipment in making the tests and

for compensation of the recount committee for time spent in

making the tests.

(d) To obtain a manual recount, the person requesting the

recount must deliver to the recount supervisor within 24 hours

after receiving the cost statement under Subsection (c):

(1) a cashier's check payable to the recount supervisor in the

amount specified in the statement; and

(2) a cashier's check payable to the recount coordinator in the

amount of the difference between the amount of the deposit for a

manual recount and the amount for an electronic recount.

(e) On receiving checks complying with Subsection (d), the

recount supervisor shall promptly arrange for a manual recount of

the ballots.

(f) The recount supervisor shall place a check remitted under

Subsection (d)(1) in the fund from which the costs covered by the

check are payable. No part of the amount is refundable. If the

recount costs are assessed against the person requesting the

recount, the costs covered by the check may not be included in

the assessment.

(g) If the recount supervisor is not the recount coordinator,

the supervisor shall notify the coordinator of the change in the

counting method and shall deliver to the coordinator the check

remitted under Subsection (d)(2). The check is subject to

disposition in the same manner as the check accompanying the

recount document.

(h) If the person requesting the recount does not comply with

Subsection (d), a recount of the precincts for which the manual

recount is requested may not be made, and the person shall be

assessed for the amount of the costs specified in the cost

statement prepared under Subsection (c) regardless of the outcome

of a recount in any other precincts.

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

Sec. 214.049. COUNTING PROCEDURE. (a) All members of the

recount committee in an electronic recount shall be present

during the testing of the program and equipment and during the

counting of the ballots. The other members of the committee may

assist the recount tabulator in the handling of the test

materials and the ballots, but only the tabulator may operate the

equipment.

(b) After the ballots are counted, a member of the recount

committee shall prepare returns for each precinct in the same

manner as original election returns are prepared, except that the

returns shall be prepared as an original and one copy.

(c) If it is necessary to count any of the ballots manually,

other than write-in votes, the recount committee shall count the

ballots, and a member shall enter the result of the count on the

returns.

(d) Except as otherwise provided by this subchapter, the ballots

shall be processed in the manner prescribed by Sections 127.125

and 127.126. Before the tabulation of duplicate ballots, the

recount committee chair shall compare the duplicate ballot with

the original to verify that the original ballot was duplicated

properly. If the original ballot was duplicated improperly, the

recount committee chair shall have the original ballot duplicated

properly and that duplicate ballot shall be counted. The improper

duplicate ballot shall be retained and the recount committee

chair shall make a notation on the improper duplicate ballot of

the reason for which it was not counted.

(e) If electronic voting system ballots are to be recounted

manually, the original ballot, rather than the duplicate of the

original ballot, shall be counted.

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

by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 19, eff. Oct. 20,

1987; Acts 1997, 75th Leg., ch. 864, Sec. 225, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 851, Sec. 8, eff. Sept. 1, 2001.

Sec. 214.050. COUNTING AND RECORDING WRITE-IN VOTES. (a)

Write-in votes shall be counted in the manner prescribed by

Section 214.002. One write-in tally list shall be placed in the

ballot box with the voted ballots, and one tally list shall be

retained by the recount committee. A member of the committee

shall enter the write-in results on the recount returns.

(b) For a precinct in which a recount of write-in votes is

excluded under Section 212.136, a member of the recount committee

shall enter on the recount returns the write-in votes as recorded

on the original returns.

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

Sec. 214.051. DISPOSITION OF RECOUNT RETURNS. (a) After the

recount committee certifies the recount returns for a precinct, a

member of the committee shall place the copy of the returns in

the ballot box containing the voted ballots and shall deliver the

original to the recount committee chair.

(b) The recount committee chair shall use the returns received

from the recount committee in preparing the committee report of

the recount. The chair shall attach the recount returns to the

copy of the committee report that is to be delivered to the

recount supervisor. The attached returns are part of the report.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 226, eff. Sept. 1, 1997.

SUBCHAPTER D. OTHER VOTING SYSTEMS

Sec. 214.071. PROCEDURES PRESCRIBED BY SECRETARY OF STATE. The

secretary of state shall prescribe the counting procedures for a

recount of votes cast by means of a voting system to which

Subchapter B or C does not apply.

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