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Election Advisory No. 2018-21

To: County Clerks/Elections Administrators, State and County Chairs
From: Keith Ingram, Director of Elections
Keith Ingram's signature
Date: May 21, 2018

RE:

Canvass and Recount Filing Deadlines for 2018 Primary Runoff Elections

Canvass Dates

The county chair, and if available, at least one member of the county executive committee must conduct the local canvass on Thursday, May 31, 2018, at the hour specified by the county chair. The notice of the canvass include the date, time and location of the canvass and must be posted on the county party website or on the commissioner’s court bulletin board if the party does not maintain a website. TEX. ELEC. CODE § 172.116. This notice should be posted no later than Monday, May 28, 2018 in order to meet the posting requirements. The local canvass is concluded when the county chair digitally certifies the canvass report on the Secretary of State’s website. TEX. ELEC. CODE § 172.116(d). The state chair must canvass the county election returns no later than Saturday, June 9, 2018. TEX. ELEC. CODE § 172.120. This advisory is designed to be read together with the more detailed online recount outlineSee Election Advisory No. 2017-07. 

The county election officials may begin entering county data into the website as early as Wednesday, May 23, 2018 if there are no outstanding provisional ballots or ballots by mail. Otherwise, the county election officials should plan on beginning this process by Tuesday, May 29, 2018 (due to the 5th day falling on Sunday, May 27, 2018 and Monday, May 28, 2018 is Memorial Day, a legal state holiday).

Recount Filing Deadlines

The deadline for requesting a recount is 5:00 p.m. of the 2nd day after the final canvass is actually conducted. Tex. Elec. Code § 212.028. For all county and precinct races, (1) the final canvass is the local canvass; and (2) the filing authority is the county chair (presiding officer of the final canvass). For all district (including single-county districts) and statewide races, (1) the final canvass is the state canvass; and (2) the filing authority is the state party chair (presiding officer of the final canvass).

County and Precinct Races:

Local Canvass Filing Deadline
Thursday, May 31, 2018 5:00 p.m. Monday, June 4, 2018
(Extended by Section 1.006 to next business day)

Statewide and District Races:

The deadline to request a recount for a statewide or district office is 5:00 p.m. of the second day after the final canvass. The state canvass must be conducted by Saturday, June 9, 2018. TEX. ELEC. CODE § 172.120. Contact the state executive committee for information about when their scheduled canvass is due to take place.

REMINDER ON TIE VOTES AND AUTOMATIC RECOUNTS: If the candidates in a runoff election tie, pursuant to Section 2.028, a tying candidate may resolve the tie by filing with the presiding officer of the final canvassing authority a written statement of withdrawal signed and acknowledged by the candidate. On receipt of the statement of withdrawal, the remaining candidate is the winner. If there is no signed and acknowledged withdrawal delivered to the presiding officer of the final canvassing authority, then an automatic recount shall be conducted in accordance with Chapter 216. If the recount does not resolve the tie, the tied candidates shall cast lots to determine the winner. (Please note that Section 2.023 applied to the March 6, 2018 primary; Section 2.028 applies to the May 22, 2018 primary runoff. The sequence of events is slightly different in each section.) 

For additional information on recounts, such as petition requirements and deposit calculations, please see the recount outline and forms (PDF) posted on our website. You may also contact our office via telephone or email to request copies.

Please contact us at 1-800-252-VOTE (8683) if you have any questions.

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