CHAPTER 215. COSTS OF RECOUNT - Texas Statutes

ELECTION CODE

TITLE 13. RECOUNTS

CHAPTER 215. COSTS OF RECOUNT

Sec. 215.001. PAYMENT OF COSTS. (a) The authority responsible

for paying the expenses of an election in which a recount is

conducted shall pay the costs of the recount.

(b) The fund from which a payment is made for a cost that is

assessed against a person shall be reimbursed from the money

received from that person.

(c) Claims for compensation of members of a recount committee

and other costs incurred by a recount supervisor are payable on

certification of the costs by the supervisor.

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

Sec. 215.002. ASSESSABLE COSTS. Only the following costs of a

recount are assessable against a person:

(1) compensation of members of a recount committee as provided

by Section 213.004;

(2) charges for use of automatic tabulating equipment as

provided by Section 214.044;

(3) a service charge of $15 for each recount supervisor involved

in the recount as a reimbursement to the fund from which the

telephone, postage, and other office expenses of the recount

supervisor are paid; and

(4) in a recount of an election for which the final canvass is

at the state level, a service charge of $15 for each recount

supervisor involved in the recount plus an additional $50 as a

reimbursement to the fund from which the telephone, postage, and

other office expenses of the recount coordinator are paid.

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

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

1987.

Sec. 215.003. ASSESSMENT OF COSTS. (a) The costs of a recount

for the precincts included in an initial recount petition shall

be assessed against the petitioner if the recount in those

precincts does not cause a change in the outcome of the election.

(b) The costs of a recount for the precincts included in an

application for a supplementary recount shall be assessed against

the applicant if the recount in those precincts does not cause a

change in the outcome of the election as indicated by the initial

recount.

(c) The costs of a recount for the precincts included in a

petition for an expedited recount shall be assessed against the

petitioner if the recount in those precincts does not cause a

change in the outcome of the election.

(d) The costs of a recount for the precincts included in an

application for including remaining paper ballot precincts shall

be assessed against the applicant if the recount in those

precincts does not cause a change in the outcome of the election

as indicated by the recount in the precincts included in the

recount petition.

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

Sec. 215.004. DISPOSITION OF DEPOSIT FOR COSTS. (a) If none of

the costs of a recount are assessed against a person, the entire

deposit shall be returned to the person.

(b) If any of the costs of a recount are assessed against a

person, any of the deposit in excess of the amount of the

assessment shall be refunded to the person.

(c) If the amount of costs assessed against a person exceeds the

amount of the person's deposit, the person is liable to the

authority responsible for paying the expenses of the election for

the amount of the excess.

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

Sec. 215.005. ADMINISTRATION OF COSTS. (a) The recount

coordinator shall determine the allocation of the costs of a

recount and dispose of the recount deposits. The coordinator

shall make the disposition as soon as practicable after a recount

is completed.

(b) In a recount of an election for which there is no canvass at

the state level, other than a primary election, the recount

coordinator shall place the deposit of a person against whom

costs are assessed in the fund from which the expenses of the

recount are payable. If the person is entitled to a refund, the

authority receiving the deposit shall issue a warrant in the

appropriate amount to the person.

(c) In a recount of an election for which the final canvass is

at the state level, other than a primary election, the recount

coordinator shall deliver the deposit of a person against whom

costs are assessed to the comptroller of public accounts, who

shall place the deposit in trust. The comptroller shall issue a

warrant in the amount certified by the coordinator to each county

in which assessed costs were incurred and to the person for any

refund to which the person is entitled.

(d) The secretary of state shall prescribe procedures for the

administration of costs of a recount in a primary election.

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

by Acts 1997, 75th Leg., ch. 1423, Sec. 6.03, eff. Sept. 1, 1997.

Sec. 215.006. MAINTAINING RECORD OF COSTS. (a) A recount

supervisor shall maintain records of the assessable recount costs

incurred in the supervisor's jurisdiction.

(b) If more than one person requests a recount of precincts in a

recount supervisor's jurisdiction, the records must be maintained

to enable a determination of the costs attributable to each

person.

(c) If more than one person requests a recount of precincts that

are recounted at the same stage, the recount supervisor may

record the costs attributable to each person on the basis of an

estimate, taking into account the number of precincts requested

by each person, the number of votes cast in each precinct, or any

other relevant factor.

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

Sec. 215.007. STATEMENT OF COSTS FOR COORDINATOR. (a) On

receiving notice of an assessment of costs against a person from

the recount coordinator in a recount of an election for which the

final canvass is at the state level, each recount supervisor

shall prepare a statement of assessable costs incurred in the

supervisor's jurisdiction and deliver the statement to the

recount coordinator.

(b) The costs must be listed separately for the precincts

included in each document requesting a recount if precincts in

the recount supervisor's jurisdiction were included in more than

one document.

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

Sec. 215.008. STATEMENT OF COSTS FOR PERSON ASSESSED. (a) The

recount coordinator shall prepare a statement of the amount of

costs assessed against a person and deliver the statement to the

person. The coordinator shall retain a copy of the statement.

(b) If the amount of the assessed costs exceeds the amount of

the person's deposit, the recount coordinator shall demand

payment of the amount of the excess.

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

Sec. 215.009. ITEMIZED STATEMENT AND INSPECTION OF RECORDS. (a)

On request of a person against whom recount costs are assessed,

the recount coordinator shall furnish to the person an itemized

statement of the costs. The coordinator shall retain a copy of

each statement furnished under this subsection for the period for

preserving the precinct election records.

(b) A person against whom recount costs are assessed is entitled

to inspect the cost records of each recount supervisor in whose

jurisdiction any of the costs accrued.

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

Sec. 215.010. COLLECTION OF COSTS. (a) If a person is assessed

costs in an amount that exceeds the amount of the person's

deposit, the recount coordinator shall take appropriate action to

obtain payment of the amount owed.

(b) If an amount owed is unpaid on the 90th day after the date

payment is demanded, the recount coordinator shall refer the

matter to the appropriate authority for legal action to collect

the amount owed.

(c) On referral of an amount for collection under Subsection

(b), the recount coordinator and each recount supervisor involved

in the recount shall deliver to the authority to whom the

referral is made the originals or copies of documents, records,

or other papers in the coordinator's or supervisor's possession

that may be relevant to enforcement of the claim. The coordinator

may not deliver the original of a document during 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. 227, eff. Sept. 1, 1997.