Election Advisory No. 2022-32

To: All Cities, School Districts, and Other Political Subdivisions
From: Keith Ingram, Director of Elections
Keith Ingram's signature
Date: November 3, 2022
RE: Canvass and Recount Deadlines for the November 8, 2022 Elections of Cities, School Districts and Other Political Subdivisions

This advisory is designed to be read together with the recount outline on our website. The recount forms can be downloaded from our website; alternatively, you may contact our office and request that the outline and forms be sent directly to you.

All statutory references in this advisory are to the Texas Election Code (“the Code”), unless otherwise indicated.

Canvass Dates

The final canvass is the local canvass for cities, schools, and other local political subdivisions. (Tex. Elec. Code § 67.005). The local canvass for the November 8, 2022 uniform election must be held not earlier than the third day after election day (Friday, November 11, 2022) and not later than the fourteenth day after election day (Tuesday, November 22, 2022).

The canvass cannot occur until the early voting ballot board has verified and counted all provisional ballots (if a provisional ballot has been cast in the election), the deadline for a voter to come to the early voting clerk’s office to correct certain defects on their carrier envelope, or the date on which all timely received late-arriving ballots, including next business day, military and overseas ballots, are counted. See summary of late-arriving ballots below. (Tex. Elec. Code § 67.003).

Recount Deadlines

Below are the deadlines for filing a recount for local elections of cities, school districts and other political subdivisions that were held on the November 8, 2022 uniform election date. Please note that there are two sets of recount filing deadlines. Which set of deadlines applies 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 actually canvassed.

All ballots received by 7:00 p.m. on election day must be counted on election day. However, you may count a “late domestic ballot” from a non-military voter or a military voter using an ABBM (not an FPCA) that arrives no later than 5:00 p.m. on the day after election day (November 9, 2022) if it bears a cancellation mark of the postal service or a receipt mark of a common or contract carrier or a courier not later than 7:00 p.m. on November 8, 2022. The last day to receive a ballot from an overseas non-military voter using an FPCA is five days after the election, which is Monday, November 14, 2022 (as the fifth day falls on a Sunday). The last day to receive a ballot from a military voter using an FPCA is the sixth day after the election, which is Monday, November 14, 2022. The last day a voter may come in person to the early voting clerk’s office to correct certain defects on their carrier envelope is the sixth day after the election, which is Monday, November 14, 2022. (Tex. Elec. Code §§ 87.0271, 87.0411). The last day for the early voting ballot board to convene and count “late domestic ballots,” provisional, and overseas ballots is the thirteenth day after the election, which is Monday, November 21, 2022. (Tex. Elec. Code §§ 65.051, 86.007(a)(2), 86.007(d)(3), 87.125, 101.057).

Deadlines for Regular Recount Requests

If the election is on a measure or if your entity elects officers:

THEN the deadline to file for a re count is 5:00 p.m. of the 2nd day after the canvass of the election. (Tex. Elec. Code §§ 212.021, 212.028, 212.081, 212.083). Please note that if the last day for performance of an act is a Saturday, Sunday, or legal state or national holiday, such as the Thanksgiving Day national holiday on November 24, 2022 and the day after Thanksgiving Day which is a state holiday, Friday, November 25, 2022 the act is timely if performed on the next regular business day, except as otherwise provided by the Code. (Tex. Elec. Code § 1.006).

NOTE: Section 212.028 was amended by House Bill 3107 (87th Leg., R.S., 2021) to provide one date for the regular recount filing deadline.

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

If these criteria apply to your entity, then for the November 8, 2022 election, the following dates apply:

Local Canvass Date Recount Request Deadline (Regular):
Friday, November 11, 2022 5:00 p.m., Monday, November 14, 2022 (Sec. 1.006)
Saturday, November 12, 2022 5:00 p.m., Monday, November 14, 2022
Sunday, November 13, 2022 5:00 p.m., Tuesday, November 15, 2022
Monday, November 14, 2022 5:00 p.m., Wednesday, November 16, 2022
Tuesday, November 15, 2022 5:00 p.m., Thursday, November 17, 2022
Wednesday, November 16, 2022 5:00 p.m., Friday, November 18, 2022
Thursday, November 17, 2022< 5:00 p.m., Monday, November 21, 2022 (Sec. 1.006)
Friday, November 18, 2022 5:00 p.m., Monday, November 21, 2022 (Sec. 1.006)
Saturday, November 19, 2022 5:00 p.m., Monday, November 21, 2022
Sunday, November 20, 2022 5:00 p.m., Tuesday, November 22, 2022
Monday, November 21, 2022 5:00 p.m., Wednesday, November 23, 2022
Tuesday, November 22, 2022 5:00 p.m., Monday November 28, 2022 (Sec. 1.006)

Deadlines for Expedited Recount Requests

IF your entity elects:

THEN the deadline to file for a recount is 2:00 p.m. on the first day after the date of the canvass of the election, unless this deadline falls on a Saturday, Sunday, or legal state holiday, such as the Thanksgiving Day national holiday on November 24, 2022 and the day after Thanksgiving Day which is a state holiday, Friday, November 25, 2022, in which case, the deadline is extended to 10:00 a.m. on the next business day. (Tex. Elec. Code §§ 212.081, 212.083, 212.088).

NOTE: Section 212.083 was amended by House Bill 3107 to provide one date for the expedited recount filing deadline.

If these criteria apply to your entity, then for the November 8, 2022 election, the following dates apply:

Local Canvass Date Recount Request Deadline (Expedited):
Friday, November 11, 2022 10:00 a.m., Monday, November 14, 2022 (Sec.212.088)
Saturday, November 12, 2022 10:00 a.m., Monday, November 14, 2022 (Sec.212.088)
Sunday, November 13, 2022 2:00 p.m., Monday, November 14, 2022
Monday, November 14, 2022 2:00 p.m., Tuesday, November 15, 2022
Tuesday, November 15, 2022 2:00 p.m., Wednesday, November 16, 2022
Wednesday, November 16, 2022 2:00 p.m., Thursday, November 17, 2022
Thursday, November 17, 2022 2:00 p.m., Friday, November 18, 2022
Friday, November 18, 2022 10:00 a.m., Monday, November 21, 2022 (Sec.212.088)
Saturday, November 19, 2022 10:00 a.m., Monday, November 21, 2022 (Sec.212.088)
Sunday, November 20, 2022 2:00 p.m., Monday, November 21, 2022
Monday, November 21, 2022 2:00 p.m., Tuesday, November 22, 2022
Tuesday, November 22, 2022 2:00 p.m., Wednesday, November 23, 2022

Note About Joint Canvassing Authorities

Section 271.011 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.

Reminder on Tie Votes and Automatic Recounts

Please note that even though recounts can be requested by candidates based on unofficial returns, the automatic recount based on a tie pursuant to Section 2.002 (plurality vote ) should be based on the official canvassed returns .

In a race requiring a majority vote , the candidates in a runoff are the “top two” candidates (based on the official canvassed returns); either the two with the highest and second-highest number of votes, or the two who tie for the highest number of votes. There is not an automatic recount when the top two candidates tie in a majority vote scenario. A candidate may timely request a recount as usual.    The Election Code provides that an automatic recount will be conducted in other (rare) circumstances (for example, a three-way tie for highest vote, or a tie for the second-highest vote). (Tex. Elec. Code § 2.023).

NEW LAW: Certain procedures for responding to a tie vote under Sections 2.002 and 2.028 were amended by House Bill 3107. For more details, please see House Bill 3107, our Recount Outline, and Advisory 2022-34 Post-Election Procedures.

NOTE: A tie vote in the final canvassed vote for a measure election (for-against proposition) means the measure fails. There is no automatic recount. A recount may be timely requested by authorized persons.

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

KI:HM