Election Advisory No. 2016-09

To:	All Cities, School Districts, and Other Political Subdivisions
From:	Keith Ingram, Director of Elections
Date:	May 9, 2016
RE:	Recount Deadlines for the May 7, 2016 Elections of Cities, School Districts and Other Political Subdivisions

This deadline memo is designed to be read together with the recount outline on our website.

Below are the deadlines for filing a recount for local elections of cities, school districts and other political subdivisions for elections occurring on the May 7, 2016 uniform election date. Please note that there are two sets of recount filing deadlines. Which set of deadlines applies to you is based on the method of election (i.e., majority or plurality).

The deadline for filing a recount depends on the date the election is canvassed. You cannot canvass your election until the early voting ballot board has convened and counted all provisional and overseas ballots. The last day to receive a ballot from an overseas voter is Thursday, May 12, 2016. The last day for the early voting ballot board to convene and count provisional and overseas ballots is Monday, May 16, 2016. [§§ 65.051, 67.003 & 86.007(d)(3)]

After the early voting ballot board has convened and counted ballots, you may canvass the elections. The May 7, 2016 election must be canvassed no earlier than the third day after the election (Tuesday, May 10, 2016) and no later than the eleventh day after the election (Wednesday, May 18, 2016). [§ 67.003]

Deadlines for Regular Recount Requests

If your entity elects:

By plurality (a candidate must receive more votes than any other candidate for office to win)

OR

There were only two candidates in the race (even if your entity does not elect by plurality)

THEN the deadline to file for a recount is THE LATER of these two dates:

5:00 p.m. of the 5th day after election day

5:00 p.m. of the 2nd day after the canvass of the election

[§§ 212.028, 212.081, 212.083]

Please note that candidates are elected by plurality vote unless the law specifically provides otherwise (e.g., statute, home-rule charter, court order). [§ 2.001]

If these criteria apply to your entity, then for the May 7, 2016 election, the following dates apply:

Canvass Date	Recount Request Deadline (Regular):
Tuesday, May 10, 2016	5:00 p.m., Thursday, May 12, 2016
Wednesday, May 11, 2016	5:00 p.m., Friday, May 13, 2016
Thursday, May 12, 2016	5:00 p.m., Monday, May 16, 2016 (Sec. 1.006)
Friday, May 13, 2016	5:00 p.m., Monday, May 16, 2016 (Sec. 1.006)
Saturday, May 14, 2016	5:00 p.m., Monday, May 16, 2016
Sunday, May 15, 2016	5:00 p.m., Tuesday, May 17, 2016
Monday, May 16, 2016	5:00 p.m., Wednesday, May 18, 2016
Tuesday, May 17, 2016	5:00 p.m., Thursday, May 19, 2016
Wednesday, May 18, 2016	5:00 p.m., Friday, May 20, 2016

Deadlines for Expedited Recount Requests

IF your entity elects:

By majority vote (a candidate must receive more than half of the votes cast in the election to win)

AND

There were more than two candidates in the race

THEN the deadline to file for a recount is THE LATER of these two dates:

2:00 p.m. of the third day after election day

OR

2:00 p.m. of the first day after the date of the canvass of the election, unless this deadline falls on a Saturday, Sunday, or legal state holiday, in which case, the deadline is extended to 10:00 a.m. of the next business day. [§ 212.088]

If these criteria apply to your entity, then for the May 7, 2016 election, the following dates apply:

Canvass Date	Recount Request Deadline (Expedited):
Tuesday, May 10, 2016	2:00 p.m., Wednesday, May 11, 2016
Wednesday, May 11, 2016	2:00 p.m., Thursday, May 12, 2016
Thursday, May 12, 2016	2:00 p.m., Friday, May 13, 2016
Friday, May 13, 2016	10:00 a.m., Monday, May 16, 2016 (Sec. 212.088)
Saturday, May 14, 2016	10:00 a.m., Monday, May 16, 2016 (Sec. 212.088)
Sunday, May 15, 2016	2:00 p.m., Monday, May 16, 2016
Monday, May 16, 2016	2:00 p.m., Tuesday, May 17, 2016
Tuesday, May 17, 2016	2:00 p.m., Wednesday, May 18, 2016
Wednesday, May 18, 2016	2:00 p.m., Thursday, May 19, 2016

Note About Joint Canvassing Authorities

Section 271.011 of the Code authorizes a joint canvassing authority. If your joint election agreement designated a joint canvassing authority, please be advised that Section 212.026(b) of the Code requires the recount petition to be filed with the presiding officer of your regular canvassing authority.

You can also find a copy of the outline by visiting the recount web page. The recount forms can be downloaded from our website. You may contact our office and request that the outline and forms be mailed directly to you.

If you need additional assistance, you may contact the Elections Division toll-free at 1-800-252-VOTE(8683).

CC: County Clerks/Elections Administrators

KI:AF