CHAPTER 67. CANVASSING ELECTIONS - Texas Statutes

ELECTION CODE

TITLE 6. CONDUCT OF ELECTIONS

CHAPTER 67. CANVASSING ELECTIONS

Sec. 67.001. APPLICABILITY OF CHAPTER. This chapter applies to

each general or special election conducted in this state.

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

Sec. 67.002. CANVASS OF PRECINCT RETURNS. (a) Except as

otherwise provided by law, the precinct election returns for each

election shall be canvassed by the following authority:

(1) for an election ordered by the governor or by a county

authority, the commissioners court of each county in which the

election is held; and

(2) for an election ordered by an authority of a political

subdivision other than a county, the political subdivision's

governing body.

(b) The canvass of precinct returns shall be conducted in

accordance with this chapter except as otherwise provided by this

code.

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

Sec. 67.003. TIME FOR LOCAL CANVASS. (a) Except as provided by

Subsection (b), each local canvassing authority shall convene to

conduct the local canvass at the time set by the canvassing

authority's presiding officer not earlier than the eighth day or

later than the 11th day after election day.

(b) For an election held on the uniform election date in May,

the local canvass must occur not later than the 11th day after

election day and not earlier than the later of:

(1) the third day after election day;

(2) the date on which the early voting ballot board has verified

and counted all provisional ballots, if a provisional ballot has

been cast in the election; or

(3) the date on which all timely received ballots cast from

addresses outside of the United States are counted, if a ballot

to be voted by mail in the election was provided to a person

outside of the United States.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 22, eff. Sept. 1, 1993;

Acts 1997, 75th Leg., ch. 1349, Sec. 31, eff. Sept. 1, 1997; Acts

2003, 78th Leg., ch. 1315, Sec. 42, eff. Jan. 1, 2004; Acts 2003,

78th Leg., ch. 1316, Sec. 17, eff. Sept. 1, 2003; Acts 2003, 78th

Leg., 3rd C.S., ch. 1, Sec. 3, eff. Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

471, Sec. 7, eff. October 1, 2005.

Sec. 67.004. PROCEDURE FOR LOCAL CANVASS. (a) At the time set

for convening the canvassing authority for the local canvass, the

presiding officer of the canvassing authority shall deliver the

sealed precinct returns to the authority. The authority shall

open the returns for each precinct and canvass them as provided

by this section. Two members of the authority constitute a quorum

for purposes of canvassing an election.

(b) The canvassing authority shall prepare a tabulation stating

for each candidate and for and against each measure:

(1) the total number of votes received in each precinct; and

(2) the sum of the precinct totals tabulated under Subdivision

(1).

(b-1) The tabulation in Subsection (b) must also include for

each precinct the total number of voters who cast a ballot for a

candidate or for or against a measure in the election. The

secretary of state shall prescribe any procedures necessary to

implement this subsection.

(c) The canvassing authority may prepare the tabulation as a

separate document or may enter the tabulation directly in the

local election register maintained for the authority. The

authority shall attach or include as part of the tabulation the

report of early voting votes by precinct received under Section

87.1231.

(d) The canvassing authority may compare the precinct returns

with the corresponding tally list. If a discrepancy is discovered

between the vote totals shown on the returns and those shown on

the tally list for a precinct, the presiding judge of the

precinct shall examine the returns and tally list and make the

necessary corrections on the returns.

(e) On completion of the canvass, the presiding officer of the

canvassing authority shall deliver the tabulation to the

custodian of the local election register unless it is entered

directly in the election register. The custodian shall preserve

the tabulation for the period for preserving the precinct

election records.

(f) On completion of the canvass, the presiding officer of the

canvassing authority shall deliver the precinct returns, tally

lists, and early voting precinct report used in the canvass to

the general custodian of election records. The custodian shall

preserve them for the period for preserving the precinct election

records.

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

by Acts 1989, 71st Leg., ch. 114, Sec. 10, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 203, Sec. 1.01, 2.51; Acts 1991, 72nd

Leg., ch. 554, Sec. 22, eff. Sept. 1, 1991; Acts 1993, 73rd Leg.,

ch. 728, Sec. 23, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch.

1349, Sec. 32, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.14, eff. September 1, 2005.

Sec. 67.005. DETERMINING OFFICIAL RESULT OF ELECTION NOT

CANVASSED AT STATE LEVEL. (a) Except as provided by Subsection

(b), the official result of an election that is not canvassed at

the state level is determined from the canvass of the precinct

returns conducted by the local canvassing authority.

(b) In an election in which there is more than one local

canvassing authority but no canvass at the state level, the

official result is determined in the manner prescribed by the law

providing for the election.

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

Sec. 67.006. LOCAL ELECTION REGISTER. (a) An election register

shall be maintained for each local canvassing authority.

(b) For each election, the election register must contain in

tabulated form the information required to appear in the

tabulation of precinct results prepared by the local canvassing

authority.

(c) The general custodian of election records for the elections

canvassed by a local canvassing authority is the custodian of the

authority's election register.

(d) On receipt of the local canvassing authority's tabulation of

votes, the custodian shall make the appropriate entries in the

election register.

(e) The election register shall be preserved as a permanent

record.

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

Sec. 67.007. COUNTY ELECTION RETURNS. (a) For each election

for a statewide or district office, a statewide measure, or

president and vice-president of the United States, the county

clerk of each county in the territory covered by the election

shall prepare county election returns.

(b) The county election returns shall state, for each candidate

and for and against each measure, the total number of votes

received in the county as stated by the local canvassing

authority's tabulation of votes.

(c) The county clerk shall sign the county returns to certify

their accuracy.

(d) Not later than 24 hours after completion of the local

canvass, the county clerk shall deliver to the secretary of

state, in the manner directed by the secretary, the county

returns in a sealed envelope. The envelope shall be labeled:

"Election Returns for __________ (name) County, for

__________(election)."

(e) The county clerk shall retain a copy of the county returns

for the period for preserving the precinct election records.

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

Sec. 67.008. SEPARATE COUNTY RETURNS FOR GOVERNOR AND LIEUTENANT

GOVERNOR. (a) In addition to the returns required by Section

67.007, each county clerk shall prepare separate county election

returns of an election for the office of governor or lieutenant

governor that contain the same information as the returns for

those offices prepared under Section 67.007.

(b) The returns shall be delivered to the secretary of state as

provided by Section 67.007, except that the envelope shall be

labeled: "Returns of Election for Governor/Lieutenant Governor,

__________ (name) County, for __________(election)."

(c) The secretary of state shall retain the returns in their

sealed condition until the first day of the next regular

legislative session, when the secretary shall deliver the returns

to the speaker of the house of representatives.

(d) The county clerk shall retain a copy of the county returns

for the offices of governor and lieutenant governor for the

period for preserving the precinct election records.

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

Sec. 67.009. FORMS AND INSTRUCTIONS FOR COUNTY RETURNS. (a)

Before each election for which county election returns are

required, the secretary of state shall deliver to each county

clerk in the territory covered by the election two copies of the

officially prescribed form for reporting county election returns.

The secretary shall also deliver two copies of the official form

for the separate returns for the offices of governor and

lieutenant governor, if applicable.

(b) With the delivery of the official county returns forms, the

secretary of state shall deliver:

(1) written instructions on the preparation and delivery of the

county election returns; and

(2) the officially prescribed envelopes for delivering the

returns to the secretary.

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

Sec. 67.010. COUNTY RETURNS CANVASSED BY GOVERNOR. (a) The

county election returns for an election for a statewide office

other than governor or lieutenant governor, a statewide measure,

a district office, or president and vice-president of the United

States shall be canvassed by the governor.

(b) When this code refers to the presiding officer of the final

canvassing authority, the secretary of state is considered to be

the presiding officer when the final canvassing authority is the

governor.

(c) The canvass of county returns shall be conducted in

accordance with this chapter except as otherwise provided by this

code.

(d) The presiding officer may make a clerical correction to the

officially canvassed returns based on any authorized amended

county canvass filed with the presiding officer.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 18(a), eff. Sept. 1, 1987;

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

Amended by:

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

1235, Sec. 7, eff. September 1, 2009.

Sec. 67.011. COUNTY RETURNS CANVASSED BY LEGISLATURE. (a) The

county election returns for an election for the office of

governor or lieutenant governor shall be canvassed by the

legislature and the official result declared by the speaker of

the house of representatives in accordance with Article IV,

Section 3, of the Texas Constitution.

(b) If a county's election returns are incomplete or missing,

the legislature may substitute the secretary of state's

tabulation for that county or may obtain the necessary

information from the county. On request of the legislature, the

secretary of state or the county shall promptly transmit the

information to the legislature by the most expeditious means

available.

(c) On completion of the canvass, the speaker of the house of

representatives shall deliver the county returns to the secretary

of state, who shall retain them for the period for preserving the

precinct election records.

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

by Acts 1993, 73rd Leg., ch. 728, Sec. 24, eff. Sept. 1, 1993.

Sec. 67.012. TIME FOR CANVASS BY GOVERNOR. (a) The governor

shall conduct the state canvass not earlier than the 15th or

later than the 30th day after election day at the time set by the

secretary of state.

(b) The secretary of state shall post, on the bulletin board

used for posting notice of meetings of state governmental bodies,

a notice of the date, hour, and place of the canvass at least 72

hours before the canvass is conducted.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 6(a), eff. Sept. 1, 1987;

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

1993, 73rd Leg., ch. 728, Sec. 25, eff. Sept. 1, 1993.

Sec. 67.013. PROCEDURE FOR CANVASS BY GOVERNOR. (a) At the

time set for the state canvass, the secretary of state shall

deliver the county returns to the governor.

(b) The secretary of state shall prepare a tabulation stating

for each candidate and for and against each measure required to

be canvassed by the governor:

(1) the total number of votes received in each county; and

(2) the sum of the county totals tabulated under Subdivision

(1).

(c) At the canvass of an election in which the office of

governor or lieutenant governor is voted on, the secretary of

state shall prepare a separate tabulation on the candidates for

governor and lieutenant governor, indicating for each candidate

the information required by Subsection (b).

(d) The governor shall certify the tabulations.

(e) The secretary of state shall retain the county election

returns used in the canvass and the tabulations for the period

for preserving the precinct election records.

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

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

Sec. 67.014. DETERMINING OFFICIAL RESULT OF ELECTION CANVASSED

AT STATE LEVEL. The official result of an election canvassed by

the governor or by the legislature is determined from the canvass

of the county returns conducted by that authority.

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

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

Sec. 67.015. STATE ELECTION REGISTER. (a) An election register

shall be maintained for the governor.

(b) Except as provided by Subsection (e), for each election the

election register shall contain in tabulated form the information

required to appear in the tabulations of the county results

prepared by the secretary of state.

(c) The secretary of state is the custodian of the election

register for the governor.

(d) After each canvass conducted by the governor, the secretary

of state shall make the appropriate entries in the election

register.

(e) If a discrepancy exists between the legislature's canvass of

the election for governor or lieutenant governor and the register

entries pertaining to either of those offices that are made from

the secretary of state's tabulation, the secretary shall make the

entries in the register necessary to make it correspond to the

legislature's canvass.

(f) The election register shall be preserved as a permanent

record of the state.

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

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

Sec. 67.016. CERTIFICATE OF ELECTION. (a) After the completion

of a canvass, the presiding officer of the local canvassing

authority shall prepare a certificate of election for each

candidate who is elected to an office for which the official

result is determined by that authority's canvass.

(b) The governor shall prepare a certificate of election for

each candidate who is elected to an office for which the official

result is determined by the canvass conducted by the governor.

(c) A certificate of election must contain:

(1) the candidate's name;

(2) the office to which the candidate is elected;

(3) a statement of election to an unexpired term, if applicable;

(4) the date of the election;

(5) the signature of the officer preparing the certificate; and

(6) any seal used by the officer preparing the certificate to

authenticate documents that the officer executes or certifies.

(d) After the canvass of a presidential election, the secretary

of state shall prepare a certificate of election for each

presidential elector candidate who is elected.

(e) The authority preparing a certificate of election shall

promptly deliver it to the person for whom it is prepared,

subject to Section 212.0331.

(f) A certificate of election may not be issued to a person who

has been declared ineligible to be elected to the office.

(g) This section does not apply to the offices of governor and

lieutenant governor.

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

by Acts 1989, 71st Leg., ch. 163, Sec. 2, eff. Sept. 1, 1989;

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

Sec. 67.017. REPORTING PRECINCT RESULTS TO SECRETARY OF STATE.

(a) After each election for a statewide office or the office of

United States representative, state senator, or state

representative, the county clerk shall prepare a report of the

number of votes, including early voting votes, received in each

county election precinct for each candidate for each of those

offices. In a presidential election year, the report must

include the number of votes received in each precinct for each

set of candidates for president and vice-president of the United

States. For any other election, the presiding officer of the

canvassing authority shall prepare a report of the precinct

results as contained in the election register.

(b) The county clerk or presiding officer shall deliver the

report to the secretary of state not later than the 30th day

after election day in an electronic format prescribed by the

secretary of state.

(c) The report may be:

(1) an electronic copy of the precinct returns;

(2) an electronic copy of the tabulation prepared by the local

canvassing authority; or

(3) in any other electronic form approved by the secretary of

state.

(d) The secretary of state shall preserve a report received

under this section for 10 years unless the secretary prepares a

written tabulation of the information contained in the report

received. In that case, the secretary shall preserve the original

report for two years and the tabulation for 10 years after

receipt of the original report.

(e) After the applicable preservation period prescribed by

Subsection (d) expires, the secretary of state shall transfer the

report or tabulation to the state library.

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

by Acts 1987, 70th Leg., ch. 54, Sec. 2(c), eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 114, Sec. 11, eff. Sept. 1, 1989; Acts

1991, 72nd Leg., ch. 203, Sec. 2.52; Acts 1991, 72nd Leg., ch.

554, Sec. 23, eff. Sept. 1, 1991.

Amended by:

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.15(a), eff. September 1, 2005.