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Election Advisory No. 2024-17

November 5, 2024 Election and December 14, 2024 Runoff Election Law Calendar

The uniform election date in November of even-numbered years, by statute, is the general election date for federal, state, and county officers. Additionally, many local political subdivisions have their regular general election for members of their governing bodies in November of even-numbered years, or they may order special elections for this date to vote on propositions or to fill vacancies. Therefore, this calendar is required to meet the needs of many different governmental bodies. If there are questions about the applicability of something in this calendar to your specific election, do not hesitate to call the Elections Division of the Office of the Texas Secretary of State at 1-800-252-VOTE (8683).

House Bill 357 (88th Leg., R.S., 2023) amended Section 2.025 of the Texas Election Code to require the Secretary of State to set the runoff date for all runoff elections resulting from an election held on a uniform election date. Pursuant to Section 2.025, the Secretary of State has designated Saturday, December 14, 2024 as the election date for all runoff elections resulting from elections held by local political subdivisions on the November 5, 2024 Uniform Election Date.

NOTE: Updates to the calendar will be made to the web version of this calendar. The web version is located on the Secretary of State’s website on the applicable Conducting Elections page.

Notes

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1. Campaign Information

Under Title 15 of the Texas Election Code, candidates running for an office must file campaign contribution and expenditure reports. For further information and all questions about such disclosure filings, campaign finance, and political advertising, please contact the Texas Ethics Commission at 201 E. 14th St., 10th Floor, Austin, Texas 78701; or call 512-463-5800. Candidates filing for federal offices should contact the Federal Elections Commission toll-free at 1-800-424-9530 or visit their website.

2. Statutory and Administrative Code References

Unless otherwise indicated, all references are to the Texas Election Code. The county election officer is the county clerk, the county elections administrator, or the county tax assessor-collector, depending on the actions of the county commissioners court. (Secs. 31.031, 31.071, 31.091). The county voter registrar is the county clerk, the county elections administrator, or the county tax assessor collector, depending on the actions of the county commissioners court. (Secs. 12.001, 12.031, 31.031, 31.071).

Any references to the Texas Administrative Code are cited to the relevant section of the “T.A.C.”

3. Notice of Web Posting

Please see our Web Posting Advisory, Tex. Sec’y of State Election Advisory No. 2019-19, for more details on web posting requirements; however, the requirements are summarized below.

As of January 1, 2020, each county shall maintain a website. (Sec. 26.16(a), Tax Code).

All political subdivisions with the authority to tax that maintained a publicly accessible a website any time after January 1, 2019, and that are not subject to Section 2051.202 of the Government Code must post the following items on the entity’s internet website (Secs. 2051.201, 2051.202, Government Code). See Internet Posting Requirements for Political Subdivisions (PDF):

  1. The political subdivision’s contact information, including a mailing address, telephone number, and e-mail address;
  2. Each elected officer of the political subdivision;
  3. The date and location of the next election for officers of the political subdivision;
  4. The requirements and deadline for filing for candidacy of each elected office of the political subdivision, which shall be continuously posted for at least one year before the election day for the office;
  5. Each notice of a meeting of the political subdivision’s governing body under Subchapter C, Chapter 551 of the Government Code; and
  6. Each record of a meeting of the political subdivision’s governing body under Section 551.021 of the Government Code. (Sec. 2051.201, Government Code).

Our office recommends consulting with your political subdivision’s local counsel regarding the particular posting requirements under Subdivisions (5) and (6) referenced above. Please note, the requirements for posting notice of meetings and record of meetings of the political subdivision’s governing body do not apply to:

  1. A county with a population of less than 10,000;
  2. A municipality with a population of less than 5,000 located in a county with a population of less than 25,000; or
  3. A school district with a population of less than 5,000 in the district's boundaries and located in a county with a population of less than 25,000.

NOTE - Section 2051.202 of the Government Code requires a special purpose district with certain financial and population characteristics to post specific information on an Internet website. “Special purpose district" excludes from the term a municipality, county, junior college district, independent school district, groundwater conservation district, river authority, or political subdivision with statewide jurisdiction. (Sec. 2051.202, Government Code).

NOTE - NEW LAW: SB 477 (2023, R.S.) amended Section 63.0015 of the Code, effective June 18, 2023, to require that an election officer post in an accessible manner on the county clerk’s/election administrator’s Internet website all procedures and accommodations available for voters with disabilities.

During the 21 days before the election, a debt obligation order under Section 3.009 must be posted on the political subdivision’s Internet website, prominently and together with the notice of the election, a copy of the sample ballot, and the contents of the proposition, if the political subdivision maintains an Internet website. (Sec. 4.003(f)).

NOTE - Per Section 4.009 of the Code, not later than the 21st day before election day, a county that holds an election or provides election services for an election must post certain information related to their upcoming elections. A city or independent school district that holds an election and maintains an Internet website must also post this same election information on their website even if the county is also posting this data.

  • The date of the election;
  • The location of each polling place;
  • Each candidate for an elected office on the ballot; and
  • Each measure on the ballot. (Sec. 4.009).

NOTE - Section 65.016 of the Code requires a county that holds an election or provides election services for an election for a public entity to post certain information on their website. A city or independent school district that holds an election and maintains an Internet website must also post certain information on their website related to election results, even if the county is also posting such information. Information should be posted as soon as practicable after the election and must be accessible without having to make more than two selections or view more than two network locations after accessing the home page of the county, city or school district, whichever is applicable. Required information on the websites must include:

  • the results of each election;
  • the total number of votes cast;
  • the total number of votes cast for each candidate or for or against each measure;
  • the total number of votes cast by personal appearance on election day;
  • the total number of votes cast by personal appearance or mail during the early voting period; and
  • the total number of counted and uncounted provisional ballots cast. (Sec. 65.016).

We recommend that election results information remain posted on the entity’s main page (or within two clicks of the main page) at least until the next election, and that the information continues to be available for the full 22-month retention period for election records. Entities may choose to make older election results information available on their website.

NOTE - NEW LAW: HB 2800 (2023, R.S.) amended Section 51.002 of the Code, effective September 1, 2023, to require that notice of a meeting of the county election board be posted not later than 48 hours before each meeting. The county clerk/elections administrator shall post notice of the meeting on the county’s website, if the county maintains a website.

4. Consolidating and Combining Precincts

NOTE - NEW LAW: SB 924 (2023, R.S.) amended Section 42.0051 of the Code, effective September 1, 2023, to apply only to counties with a population of less than 1.2 million that do not participate in the countywide polling place program. In a general or special election for which use of county election precincts is required, the commissioners court may, on the recommendation of the county election board, combine county election precincts notwithstanding Section 42.005 if: (1) the commissioners court cannot secure a suitable polling place location; and (2) the location of the combined polling place adequately serves the voters of the combined precinct. A combined precinct may not contain more than 10,000 registered voters. Tex. Sec’y of State Election Advisory No. 2023-11.

NOTE – Counties that participate in the countywide polling place program under Section 43.007 of the Code can no longer combine precincts. This means that countywide counties can no longer consider the combination of precincts when they are making their determination regarding the required number of countywide polling places under Section 43.007(f) of the Code.

NOTE – Counties that do not participate in the countywide polling place program under Section 43.007 of the Code and that have a population over 1.2 million cannot combine election precincts.

NOTE - Counties that do not participate in the countywide polling place program under Section 43.007 of the Code but have a population under 1.2 million can only combine if the commissioners court cannot secure a suitable polling place location and the location of the combined polling place adequately serves the voters of the combined precinct.

5. Required Use of County Polling Places

Political subdivisions holding an election on the November uniform election date MUST use county election precincts and the county polling places on election day. This is the case even when the county has adopted the countywide polling place system; in that case the entity must have a presence in every countywide location in the county, not just the locations physically within the territory of the political subdivision. (Secs. 42.002, 43.004, 43.007(e)).

NOTE: As this election is being held on the date of the general election for state and county officers, no consolidation of county election precincts may occur. (Secs. 42.002(b), 42.008, 42.009).

NOTE – When a county is using the countywide polling place program and a court order requires any of the polling locations to remain open past 7 p.m., then ALL countywide polling place locations MUST remain open for the same amount of time, as required by the court order. (Sec. 43.007).

In an election held by a political subdivision other than a county on the November uniform election date, and in which the political subdivision is not holding a joint election with a county or has not executed a contract with a county elections officer under which the political subdivision and the county share early voting polling places for the election, the political subdivision must designate as one of its own early voting sites one of the early voting sites established by the county that is located in the political subdivision. If such a shared polling place is designated as the main early voting polling place by the political subdivision, it must be open for voting for all political subdivisions the polling place serves for at least the days and hours required of a main early voting polling place for the political subdivision making the designation. (Secs. 85.010, 85.002).

6. Notice of Candidate Filing Periods

The authority with whom an application for a place on the ballot is filed must post a Notice of Deadline to File an Application for Place on the Ballot (PDF), listing the filing period dates in a building in which the authority maintains an office. The notice must be posted not later than the 30th day before the first day to file. (Sec. 141.040). If you order a special election to fill a vacancy, the order must include the filing deadline; we recommend posting the notice of the filing period as soon as practicable after a special election is ordered. Note that an application for a place on the ballot for a special election may not be filed before the election is ordered.

NOTE – The authority with whom an application for a place on the ballot is filed MUST designate an e- mail address in the notice required by Section 141.040 of the Code for the purpose of filing an application for a place on the ballot. (Sec. 141.040).

Most elective offices now require that a candidate be a registered voter of the territory that the office is elected from as of the filing deadline or as of other statutory deadlines. (Sec. 141.001). For more information on the candidate voter registration requirement, see Voter Registration Requirements for Candidates.

For more information on local political subdivision elections, see the Candidate’s Guide for Local Political Subdivisions.

7. Joint Election Requirement for School Districts

School districts conducting trustee elections must have joint polling places on election day with either:

  1. a city holding an election on the uniform election day (located wholly or partly within the school district’s boundaries);
  2. a public junior college district if it is having an election for members of its governing board in which the school district is wholly or partly located;
  3. in limited circumstances, a hospital district; or
  4. the county on the November uniform election day in even-numbered years.

For purposes of this calendar, we will continue to use separate subheads for cities and school districts when their rules are different. However, many entities will be working out joint election agreements. (Sec. 11.0581, Texas Education Code; Sec. 271.002, Election Code).

NOTE – At minimum, a school district needs to share polling places with a city or public junior college district conducting an election on the uniform election day. Sharing polling places is sufficient to meet the joint election requirement.

For more information on joint elections for school districts, see Mandatory ISD Joint Elections FAQ.

8. Joint Elections Generally

Many entities will have joint elections for the November 5, 2024 election. Note that the entries in this calendar are generally written in terms of elections held individually rather than jointly.

Depending on the plan, different entities may choose to do different things separately, i.e., not holding early voting together. Not all joint election plans are alike. With a few exceptions, we do not discuss the impact of coordinating rules for a joint election, as we think this would make the calendar longer and confusing. We encourage joint election partners to read through the entire calendar, taking note of the rules affecting the partner entities and to address the differences within the agreement itself. If you have questions about how different rules apply to a particular joint election plan, please contact our office by phone or email.

9. Notice of Elections

Political subdivisions other than cities and school districts may have specific statutory notice requirements. In the absence of specific statutory requirements, such political subdivisions must post a notice on or before the 21st day before the election. (Sec. 4.003(b)). For the Tuesday, November 5, 2024 election, this notice must be posted on or before Tuesday, October 15, 2024. The general rule is that, additionally, notice must be given using one of the following methods:

  1. By posting the notice in each election precinct in which the election is to be held on or before the 21st day before the election, Tuesday, October 15, 2024. (Sec. 4.003(a)(2)).
  2. By publishing the notice at least once between the 30th day and the 10th* day before the election, Sunday, October 6, 2024 – Saturday, October 26, 2024. (Sec. 4.003(a)(1)).
  3. By mailing a copy of the notice to each registered voter of the territory covered by the election, not later than the 10th day before election day, Saturday, October 26, 2024. (Sec.4.003(a)(3)).

Cities and School Districts: Cities and school districts are required to publish their notice in a newspaper in accordance with Section 4.003(a)(1) (See number 2 above) and may also give any additional notice. (Sec. 4.003(c)). If a county maintains a website, the county must post any notice provided to the county by a political subdivision conducting an election in the county to the county’s website no later than the 21st day before election day, Tuesday, October 15, 2024. (Sec. 4.003(b)).

Note for Home-Rule Charter Cities: Home-rule cities MUST also give notice as provided in their charters.

Note for Counties: Notice of an election ordered by the governor or by a county authority must be published in a newspaper; the county may also give any additional notice. (Secs. 4.003(a)(1), 4.003(c)). The county must post a copy of the election notice on the county’s website, if the county maintains a website. It is recommended that the county election officer post notice on the bulletin board that is used for meetings. (Sec. 4.003(b)). (Sec. 26.16(a), Tax Code).

NOTE - In addition to any other notice given, notice of an election ordered by the governor, by a county authority, or by an authority of a city or school district must be given by the method prescribed by Section 4.003(a)(1) of the Code. (Sec. 4.003(c)).

Note for All Political Subdivisions: The governing body of a political subdivision must deliver notice of the election to the county election officer and voter registrar of each county in which the political subdivision is located not later than the 60th day before election day, Friday, September 6, 2024. (Sec. 4.008).

Note for Counties: Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under Section 4.008. This is regardless of whether the county is contracting with the entity. (Secs. 1.021, 4.004, 85.007). See Note for All Political Subdivisions above.

This notice must include:

  • The type and date of the election;
  • The location of each polling place, including the street address, room number, and building name;
  • The hours the polls will be open;
  • The location of the main early voting polling place, including the street address, room number, and building name. The notice must designate which location is the main early voting polling place;
  • The regular dates and hours for early voting by personal appearance;
  • The dates and hours of any Saturday or Sunday early voting; and
  • The early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website;
  • We recommend that the information regarding branch early voting locations be included as part of your notice; and
  • Any other information required by law.

NOTE - Section 4.004 of the Code requires the notice of election to include the Internet website of the authority conducting the election. (Sec. 4.004(a)).

NOTE - The notice of a special election must also state each office to be filled or the propositions stating each measure to be voted on. (Sec. 4.004(b)). See Notice of Special Election (Cities, Schools, and Other Political Subdivisions (PDF).

NOTE - Section 83.010 of the Code requires an election order and the election notice to state the early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website. (Sec. 83.010).

NOTE - Section 85.004 of the Code provides that an election order and election notice must designate which location is the main early voting polling place. (Sec. 85.004).

NOTE - ANY notice of polling locations must include more detailed information regarding the polling locations including: the polling location’s street address, any applicable suite or room number, and any applicable building name. (Sec. 1.021).

Note regarding branch early voting locations: The branch early voting locations are no longer a required part of your notice under the Texas Election Code. (Sec. 4.004).

The following forms may be used:

Notice of Nearest Polling Places in Countywide Election: EACH countywide polling place must post a notice, at that location, of the four nearest locations, by driving distance. (Sec. 43.007(o)). Notice of Four Nearest Countywide Polling Place Locations (PDF).

All Political Subdivisions Other Than Counties: The election notice shall be posted on the political subdivision’s website, if the political subdivision maintains a website. For political subdivisions other than counties, the original order and notice should include all days and hours for early voting by personal appearance, including voting on ANY Saturday or Sunday. (Secs. 85.006, 85.007).

Note for Counties: The election notice must be subsequently amended to include voting ordered for ANY Saturday or Sunday and must be posted on the political subdivision’s website, if maintained.

Notice for Bond Elections: Entities holding bond elections must provide additional notice per Section 4.003(f). A debt obligation order under Section 3.009 must be posted:

  1. On election day and during early voting by personal appearance, in a prominent location at each polling place;
  2. Not later than the 21st day before the election, in three public places in the boundaries of the political subdivision holding the election; and
  3. During the 21 days before the election, on the political subdivision's Internet website, prominently and together with the notice of the election, a copy of the sample ballot, and the contents of the proposition, if the political subdivision maintains an Internet website.

The same requirements apply to the voter information document required by Government Code Section 1251.052(b) (see law for full contents of notice). The requirement referenced in Section 1251.052(b) of the Government Code applies to a political subdivision with at least 250 registered voters on the date the governing body of the political subdivision adopts the debt obligation election order.

10. Extended Early Voting Hours and Weekend Early Voting

Sunday Monday Tuesday Wednesday Thursday Friday Saturday
October 20 21 22 23 24 25 26
X at least 9 hours at least 9 hours at least 9 hours at least 9 hours at least 9 hours at least 12 hours
27 28 29 30 31 November 1 2
at least 6 hours at least 12 hours at least 12 hours at least 12 hours at least 12 hours at least 12 hours NONE
3 4 5 6 7 8 9
NONE NONE Election Day X X X X

For more information on early voting changes, please see Tex. Sec’y of State Election Advisory No. 2023-10.

Extended Early Voting Hours

Note for ALL counties: Voting in the general election for state and county officers shall be conducted at the main early voting location for at least 12 consecutive hours on each weekday of the last week of early voting. Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM. (Sec. 85.005(c)).

Weekend Early Voting Hours

NOTE FOR ALL COUNTIES REGARDLESS OF POPULATION SIZE: The main early voting location must be open for at least 12 consecutive hours on the last Saturday of the early voting period, except that voting may not be conducted earlier than 6:00 AM or later than 10:00 PM, and for at least 6 consecutive hours on the last Sunday of the early voting period, except that voting may not be conducted earlier than 9:00 AM or later than 10:00 PM. (Sec. 85.006(e)).

NOTE FOR COUNTIES WITH A POPULATION OF 100,000 OR MORE: In counties with a population of 100,000 or more, early voting must be conducted for at least 12 consecutive hours on the last Saturday and at least 6 consecutive hours on the last Sunday of the early voting period at any required temporary branch locations (created under Section 85.062(d) of the Texas Election Code). (Secs. 85.006(e), 85.062(d), 85.064(d)).

Note - There is no petition process to require a county with a population less than 100,000 to conduct weekend early voting at temporary branch locations. However, the early voting clerk may voluntarily order weekend early voting at temporary branch locations by written order if they choose to do so.

NOTE - NEW LAW: HB 1217 (2023, R.S.) amended Section 19.004 of the Code, effective September 1, 2023, to provide that if the registrar’s county has a population of less than 55,000, the county may use Chapter 19 funding to defray the cost to the registrar’s county of keeping the polling places in the county open during the early voting period as required under Sections 85.005(c), 85.006(e), and 85.064(d).

Note for Political Subdivisions Other Than Counties: Voting on ANY Saturday or Sunday must be included in the order and notice of election. The order and notice must include the dates and hours of Saturday or Sunday voting. (Secs. 85.006, 85.007). The political subdivision must have early voting on Saturday or Sunday, if a written request (PDF) is received from at least 15 registered voters of the political subdivision prior to the election being ordered. (Sec. 85.006(d)). The election notice must be posted on the political subdivision’s website, if the political subdivision maintains a website. (Sec. 85.007).

Note for Cities: In an election in which a city secretary is the early voting clerk, voting on any Saturday or Sunday must be included in the order and notice of election. City secretaries no longer have the authority to order Saturday or Sunday early voting 72 hours immediately preceding the first hour that voting will be conducted. However, the city must have early voting on Saturday or Sunday, if a written request (PDF) is received from at least 15 registered voters of the political subdivision prior to the election being ordered. (Secs. 85.006, 85.007).

11. Temporary Branch Locations

In the general election for state and county officers, a certain number of temporary branch locations must be established depending on the population size of the county:

  1. in a county with a population of 400,000 or more, the commissioners court must establish one or more temporary polling places, other than the main early voting polling place, in each state representative district containing territory covered by the election.
  2. in a county with a population of 120,000 or more but less than 400,000, the commissioners court must establish one or more temporary polling places, other than the main early voting polling place, in each commissioners precinct containing territory covered by the election.
  3. in a county with a population of 100,000 or more but less than 120,000, the early voting clerk must establish one or more early voting polling places in each commissioners precinct for which the early voting clerk receives a timely filed written request by at least 15 registered voters of that precinct.

The temporary polling place(s) must remain open for each weekday of the early voting period that the main early voting polling place will be open. The temporary branch polling place(s) must be open at least eight hours each day. (Secs. 85.062, 85.064).NOTE: Section 85.062 provides that the location of temporary branch polling places in an election in which countywide polling places are used must be determined with the same methodology that is used for the location of countywide polling places.

NOTE: In a countywide election, the total number of permanent branch polling places and temporary branch polling places open for voting at the same time in a commissioners precinct may not exceed twice the number of permanent branch and temporary branch polling places open at that time in another commissioners precinct. (Sec. 85.062(f)).

NOTE - NEW LAW: HB 1217 (2023, R.S.) amended Section 85.064 and repealed Section 85.065 of the Code, effective September 1, 2023. As a result, the rules regarding the days and hours of early voting by personal appearance at temporary branch locations are the same for ALL counties, regardless of their population. As amended, Section 85.064 requires early voting by personal appearance at each temporary branch polling places to be conducted on the days that early voting is required to be conducted at the main early voting polling place under Section 85.005 and MUST remain open for at least eight (8) hours each day; or for at least three (3) hours each day if the city or county clerk/elections administrator does not serve as the early voting clerk for the territory holding the election and the territory has fewer than 1,000 registered voters. For certain political subdivisions, this will require your temporary branch locations to be open on every weekday of the early voting period, for at least eight hours on each of those days.

NOTE: If the early voting clerk is a county election officer, the clerk must post notice (PDF) | (Spanish(PDF)) for each election stating any dates and the hours that voting on Saturday or Sunday will be conducted under Section 85.064(d). (Sec. 85.068).

NOTE for Political Subdivisions Other Than City or County: If the city or county election officer does not serve as the early voting clerk for the territory holding the election and the territory has fewer than 1,000 registered voters, the temporary branch polling place(s) must be open for at least three hours each day that voting is required to be conducted at the main early voting polling place under Section 85.005 of the Code. (Secs. 85.005, 85.064).

NOTE for All Political Subdivisions: If a local political subdivision is contracting for election services with a county or is holding a joint election with the county, the local political subdivision must amend their order and notice of election to include any weekend early voting that the county is conducting.

12. Notice of Previous Polling Place

If a different polling place is being used from the previous election held by the same authority, a Notice of Change to Polling Place (PDF) must be posted at the entrance of the previous polling place informing voters of the current polling place location, if possible. (Sec. 43.062).

13. Notice of Change of Polling Place

For elections ordered by the Governor or county judge only, if the location of the polling place changes after notice has been given under Section 4.003 of the Texas Election Code, and the county election officer maintains a website to inform voters about elections, the notice of the change must be posted on the website. The notice on the website must be posted not later than the earlier of (1) 24 hours after the location was changed; or (2) 72 hours before the polls open on election day. (Sec. 43.061). As a reminder, notice should also be provided to the Secretary of State regarding any changes made to the location of polling places. Notice of Change to Polling Place (PDF).

14. Testing Tabulating and Electronic Voting Equipment

Ballot Testing:

Once all candidate filing deadlines have passed, we recommend that you proof and test your ballot programming as soon as possible. Early testing will allow adequate time to locate any errors and make any necessary corrections in ballot programming. We also strongly suggest that you have candidates proof their names and offices before finalizing the ballot to avoid the necessity for last minute ballot corrections.

Logic and Accuracy Test:

We recommend establishing a date to perform the test of your electronic voting equipment (L&A, or Logic and Accuracy Test) as soon as possible. We recommend that this test be performed on a date that allows time to correct programming and retest, if necessary. A notice (PDF) of this test must be published by the custodian of the electronic voting equipment at least 48 hours before the date of the test. (Sec. 129.023; Tex. Sec’y of State Election Advisory No. 2019-23). The L&A test must be conducted not later than 48 hours before voting begins on a voting system. (Sec. 129.023).

NOTE: If logic and accuracy testing is being conducted for an election in which a county election board has been established under Section 51.002 of the Texas Election Code, the general custodian of election records shall notify each member of the board of the test at least 48 hours before the date of the test. If the county election board chooses to witness the test, each member shall sign the statement required for logic and accuracy testing. (Sec. 129.023(b-2)).

NOTE: The general custodian of election records is required to demonstrate, using a representative sample of voting system equipment, that the source code of the equipment has not been altered. (Sec. 129.023(c-1)). See Tex. Sec’y of State Election Advisory No. 2019-23 and Tex. Sec’y of State Election Advisory No. 2022-30 for more information on hash validation and voting system procedures.

Testing Tabulating Equipment:

The automatic tabulating equipment used for counting ballots at a central counting station must be tested three times for each election. (Ch. 127, Subch. D). We recommend you test the equipment as soon as possible; early testing will allow adequate time to locate any errors and make any necessary corrections in programming. However, the first test must be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in the election. The second test shall be conducted immediately before the counting of ballots with the equipment begins. The third test must be conducted immediately after the counting of ballots with the equipment is completed. Please note that the custodian of the automatic tabulating equipment must publish notice (PDF) of the date, hour, and place of the first test in a newspaper at least 48 hours before the date of the test. (Sec. 127.096). The electronic files created from the L&A testing are what must be used for testing the tabulating equipment. (Tex. Sec’y of State Election Advisory No. 2019-23).

Precinct tabulators must also be tested in accordance with the procedures set forth in Chapter 127, Subchapter D of the Texas Election Code to the extent those procedures can be made applicable. (Sec. 127.152; Tex. Sec’y of State Election Advisory No. 2019-23).

Our recommendation is that both L&A testing and testing of the automatic tabulating equipment take place prior to ballots by mail being sent out. However, should there be a reason to delay testing, please be advised that L&A testing must be conducted at least 48 hours before voting begins on a voting system. This means that L&A testing should be completed before early voting and possibly, before election day, if your election day system is different than your early voting system. Additionally, the automatic tabulating equipment may not be used to count ballots voted in the election until a test is successful.

For more information on testing tabulating equipment used at the central counting station, please see Chapter 127, Subchapter D of the Election Code and Tex. Sec’y of State Election Advisory No. 2019-23. See Chapter 129, Subchapter B of the Election Code and Tex. Sec’y of State Election Advisory No. 2019-23 for other types of testing such as functionality tests, logic and accuracy tests, tests for central accumulators, etc. Please see Tex. Sec’y of State Election Advisory No. 2019-23 for additional information regarding voting system equipment access, security and preservation, and chain of custody.

NOTE: Due to the short timeframe between the canvass of the main election and the date of the runoff election, our office strongly recommends that your local political subdivision finalize the ballot programming and conduct your Public Logic & Accuracy testing as soon as possible after the main election has been canvassed and the runoff election has been ordered.

NOTE: The Public Logic and Accuracy test must be completed no later than 48 hours before voting begins on a voting system used in the election. The last business day to conduct your public Logic and Accuracy testing is Wednesday, November 27, 2024. However, it is strongly recommended that such testing be completed as soon as possible after the ballot programming is finalized to allow time for corrections to programming, if necessary.

15. Accepting Voters with Certain Disabilities and Curbside Voting

All Political Subdivisions: Accepting voters with certain disabilities:

An election officer shall accept a person with a mobility problem that substantially impairs a person’s ability to ambulate who is offering to vote before accepting others offering to vote at the polling place who arrived before the person. “Mobility problem that substantially impairs a person’s ability to ambulate” has the meaning assigned by Section 681.001, Transportation Code. A person assisting an individual with a mobility problem may also, at the individual's request, be given voting order priority. Notice of Voting Order Priority (PDF) given to persons with a mobility problem that substantially impairs a person’s ability to ambulate shall be posted:

  1. at each entrance to the polling place where it can be read by persons waiting to vote;
  2. on the website of the Secretary of State; and
  3. on each website relating to elections maintained by a county. (Sec. 63.0015).

NOTE - NEW LAW: SB 477 (2023, R.S.) amended Section 63.0015 of the Code, effective June 18, 2023, to require that an election officer post in an accessible manner on the county clerk’s/elections administrator’s Internet website all procedures and accommodations available for voters with disabilities.

NOTE – NEW LAW: SB 477 (2023, R.S.) amended the wording of the voting order priority notice required under Section 63.0015 so that it must read as follows:

“Pursuant to Section 63.0015, Election Code, an election officer shall give voting order priority to individuals with a mobility problem that substantially impairs the person's ability to move around. A person assisting an individual with a mobility problem may also, at the individual's request, be given voting order priority. Disabilities and conditions that may qualify you for voting order priority include paralysis, lung disease, the use of portable oxygen, cardiac deficiency, severe limitation in the ability to walk due to arthritic, neurological, or orthopedic condition, wheelchair confinement, arthritis, foot disorder, the inability to walk 200 feet without stopping to rest, or use of a brace, cane, crutch, or other assistive device.”

The recommended time to include the voting order priority notice on a county website is when the Notice of Election is also posted on the website. (Sec. 85.007(d)). See Note 9 regarding Notice of Elections.

NOTE - NEW LAW: SB 477 (2023, R.S.) amended Section 64.009 of the Code, effective June 18, 2023, to require that at each polling place an area for parking not smaller than the size of one parking space be reserved for use by a voter who is unable to enter the polling place. The area must be clearly marked indicating the space is reserved and display, in large font that is clearly readable from a vehicle, a telephone number that a voter may call or text to request assistance from an election officer at the polling place.  As an alternative to displaying a telephone number, a parking space may comply with the requirements of Section 64.009 by providing the voter with a button or intercom that the voter may use to request assistance from an election officer.

NOTE - A qualified individual with a disability may request a reasonable accommodation or modification to any election standard, practice, or procedure mandated by law or rule that the individual is entitled to request under federal or state law. (Sec. 1.022).

Cities, Schools, and Other Political Subdivisions: It is strongly recommended that the notice regarding accepting voters with certain disabilities also be posted on the subdivision’s website, if one is maintained by the political subdivision.

If a voter is physically unable to enter the polling place without assistance or likelihood of injury to his or her health, an election officer shall deliver a ballot or voting machine to the voter at the entrance or curb of the polling place on the voter’s request. On the voter’s request, a person accompanying the voter to the polling place must be permitted to select the voter’s ballot and to deposit the ballot in the ballot box after the voter has voted. (Sec. 64.009).

NOTE – A person who simultaneously assists seven or more curbside voters by providing the voters transportation to the polling place must complete and sign a form, provided by an election officer, that contains the person’s name and address and whether the person is providing assistance solely under Section 64.009 or if the person is providing additional assistance to the voter under Chapter 64, Subchapter B. Completed forms shall be delivered to the SOS as soon as practicable. The SOS shall retain a form delivered under Section 64.009 for the period for preserving the precinct election records and shall make the form available to the attorney general for inspection upon request. This provision does not apply if the person assisting is related to each voter within the second degree by affinity (marriage) or the third degree by consanguinity (blood).

For more information on accessibility requirements for voters with disabilities, please see Tex. Sec’y of State Election Advisory No. 2023-14.

16. Faxed or Emailed ABBMs and Faxed FPCAs

If an ABBM is faxed or emailed or if an FPCA is faxed, then the applicant must submit the ORIGINAL application BY MAIL to the early voting clerk so that the early voting clerk receives the original no later than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA. If the early voting clerk does not receive the original ABBM or FPCA by that deadline, then the emailed or faxed ABBM or faxed FPCA will be considered incomplete, and the early voting clerk may NOT send the applicant a ballot. The early voting clerk should retain a copy of the FPCA for their own records, but should send the FPCA submitted by the voter to the voter registrar for registration purposes. (Sec. 84.007).

If a voter faxes or emails the ABBM or faxes the FPCA, the date the early voting clerk receives the FAX or EMAIL is considered the date of submission. Essentially, the faxed or emailed form serves as a place-holder for the voter. Therefore, a voter whose application was faxed or emailed by the 11th day before election day (the deadline), and whose original application is received on or before the 4th business day after that date, would still be entitled to receive a ballot for the election (if otherwise eligible). The early voting clerk will have to hold the faxed or emailed ABBM or faxed FPCA until the clerk receives the original, and would only send the voter a ballot if the original is received by the 4th business day after the faxed or emailed ABBM or faxed FPCA was received.

The requirement to mail the original application does not apply to an emailed FPCA, but does apply to a faxed FPCA.

NOTE – A person is eligible for an FPCA if the person is qualified to vote in this state or, if not registered to vote in this state, would be qualified if registered and the person is:

  • a member of the armed forces of the United States, or the spouse or a dependent of a member;
  • a member of the merchant marine of the United States, or the spouse or a dependent of a member;
  • a member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the president of the United States; or activated on state orders, or the spouse or dependent of a member; or
  • a United States citizen that is temporarily living outside of the territorial limits of the United States and the District of Columbia. (Sec. 101.001).

NOTE – An FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2) the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052).

NOTE – An applicant for a ballot to be voted by mail may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the deadline provided by Section 84.007(c) of the Code. This means that voters may personally deliver their ABBM or FPCA to the early voting clerk not later than the close of regular business in the early voting clerk’s office or 12 noon, whichever is later, on the 11th day before election day (unless that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the first preceding regular business day). (Sec. 84.008).

17. Opportunity to Correct Defect(s) with Application for Ballot by Mail and Carrier Envelope

NOTE - NEW LAW: SB 1599 (2023, R.S.), effective September 1, 2023, added new corrective action provisions related to the ballot by mail process as it pertains to the early voting clerk’s review of an Application for Ballot by Mail and the signature verification committee/early voting ballot board’s review of the carrier envelope containing a voter’s ballot. For more information on the Opportunity to Correct Defect(s) with Application for Ballot by Mail and Carrier Envelope, see Tex. Sec’y of State Election Advisory No. 2023-13.

Early Voting Clerk Actions for a Defective Application for Ballot by Mail: SB 1599 amended Section 86.008(a) of the Code to provide that the section applies to a ballot to be voted by mail for which the applicant failed to comply with a requirement provided by Section 84.002 (contents of application), 84.0021 (contents of application for participant in the Attorney General Address Confidentiality Program), or 84.003(a) (signing application by witness) in a manner that would lead, if not corrected, to the rejection of the applicant’s application. Not later than the second day after the early voting clerk discovers a defect(s) described by Section 86.008(a) referenced above, the early voting clerk shall: (1) determine if it would be possible for the applicant to correct the defect and return an application form by mail by the 11th day before election day, as applicable; and (2) if the clerk determines it would be possible to correct the defect and return an application form before the deadline, the early voting clerk must deliver an official application form to the applicant. The early voting clerk must include an application form delivered to the applicant a written notice containing: (1) a brief explanation of each defect in the noncomplying application; (2) a statement informing the voter that the voter is not entitled to vote an early voting ballot unless the application complies with all legal requirements; and (3) instructions for submitting the new application.

If the early voting clerk determines that it would not be possible for the applicant to correct the defect and return an application form by mail by the 11th day before election day, the clerk may notify the applicant by telephone or email and provide the applicant a brief explanation of each defect in the application, a statement informing the voter that the voter is not entitled to vote an early voting ballot unless the application complies with all legal requirements, and instructions for submitting the corrected application or second application. The early voting clerk must also inform the applicant that the applicant may come to the early voting clerk’s office by the 11th day before election day and correct the defect in person. In addition, a voter must be provided notice about the ability to correct certain defects on the application using the Secretary of State’s online Ballot by Mail Tracker and, if possible, permit the applicant to correct such defects using the online tracker. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov. (Secs. 86.008(c-1), 86.015).

NOTE - Although Section 86.008 of the Code was amended to allow the early voting clerk to return a defective application to the voter, the Secretary of State recommends against doing so. Ultimately, if the early voting clerk returns a defective application to the voter, it is strongly recommended that the clerk return a copy of the original application to the voter and NOT the original application.

Early Voting Clerk Actions for a Defective Carrier Envelope: Section 86.011(d) of the Code provides a procedure by which a voter can correct certain defects in the carrier envelope containing their voted ballot. If an early voting clerk receives a timely carrier envelope that does not comply with the applicable requirements of the Code, the clerk may deliver the carrier envelope in person or by mail to the voter so that the voter may correct the defect. Additionally, the early voting clerk may notify the voter of the defect by phone and advise the voter that they may come to the early voting clerk’s office to correct the defect or cancel their ABBM and vote in person. The clerk may utilize this provision for defects such as a missing signature by the voter, a partially completed witness or assistant box (if applicable), missing or incorrect personal identification information, or a ballot that is not returned in a carrier envelope. If an early voting clerk chooses to notify voters of defects in their carrier envelope under Section 86.011(d), the clerk must apply these procedures uniformly to all voters in similar circumstances. Additionally, the Secretary of State recommends keeping a log to track the ballots mailed to voters and the ballots in possession of the early voting clerk before ballots are delivered to the signature verification committee or early voting ballot board. If the early voting clerk notifies a voter of a defect in their carrier envelope by mail, the clerk should include a letter explaining the actions that the voter needs to take to correct and return the carrier envelope.

Signature Verification Committee (if appointed) Actions for a Defective Carrier Envelope: SB 1599 amended Section 87.0271 of the Code to provide that not later than the second day after the signature verification committee discovers a defect(s) in a carrier envelope as described by Section 87.0271(a) of the Code and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.027, the committee must send the voter a notice of the defect and a corrective action form developed under Section 87.0271(c-1) by mail or by common or contract carrier. The signature verification committee must include with the notice delivered to the voter: (1) a brief explanation of each defect in the noncomplying ballot; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect in the voter’s ballot by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s).

If the signature verification committee determines that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect, the committee may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter’s application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect. In addition to sending the voter a notice of the defect or notifying the voter of the defect by telephone or e-mail, the signature verification committee must permit the voter to correct a defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov.

Early Voting Ballot Board Actions for a Defective Carrier Envelope: SB 1599 amended Section 87.0411 of the Code to provide that not later than the second day after the early voting ballot board discovers a defect(s) in a carrier envelope as described by Section 87.0411(a) of the Code and before the board decides whether to accept or reject a timely delivered ballot under Section 87.041, the board must send the voter a notice of the defect and a corrective action form developed under Section 87.0411(c-1) by mail or by common or contract carrier. The early voting ballot board must include with the notice delivered to the voter: (1) a brief explanation of each defect in the noncomplying ballot; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect in the voter’s ballot by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s).

If the early voting ballot board determines that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect, the board may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter’s application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect. In addition to sending the voter a notice of the defect or notifying the voter of the defect by telephone or e-mail, the early voting ballot board must permit the voter to correct a defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov.

Delivery of Ballots Voted by Mail to the Early Voting Ballot Board: SB 1599 amended Section 87.0222 of the Code to provide that not later than the ninth day before election day, the jacket envelopes containing early voting ballots voted by mail MUST be delivered to the early voting ballot board. This requirement applies regardless of the county’s population size. Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots to the early voting ballot board may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge. The early voting clerk shall post notice of each delivery of balloting materials that is to be made before the time for opening the polls on election day. The notice must be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more, the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. (Sec. 127.1232). See Tex. Sec’y of State Election Advisory No. 2022-10.

Please note that the mail ballots may not be counted until (i) the polls open on election day; or (ii) in an election conducted by an authority of a county with a population of 100,000 or more or entities that are having joint elections with such a county or who are conducting their election with such a county through a contract for election services, the end of the period for early voting in person. (Secs. 87.0222, 87.0241). NOTE: Results may not be released until the polls close on election day.

18. Reconciliation Forms

The presiding judge of the central counting station must prepare a preliminary reconciliation form (PDF) on election night and a final reconciliation form (PDF) after the canvass. The reconciliation form requirement only applies to entities that conducted voting in such a manner that they had a central counting station. The reconciliation forms must be posted on the county website with election returns and results after they are completed and signed. This posting requirement applies regardless of whether a local entity is contracting with the county for election services. We recommend that local entities post the reconciliation form on their website, if the entity maintains a website. We further recommend that the reconciliation forms remain posted at least until the next election, and that the forms are available for the full 22-month retention period for election records. An entity may choose to make older reconciliation forms available as part of historical results on its website.

19. Online Training Materials

NOTE - NEW LAW: HB 1632 (2023, R.S.) amended Chapters 32, 87, and 127 of the Code, effective September 1, 2023, to require the Secretary of State to develop materials for a standardized curriculum for online training in election law and procedure, including a published handbook, for election judges and members of an early voting ballot board, signature verification committee, and central counting station. The training must be made available on the Secretary of State’s Internet website, free of charge, and require the passage of an examination at the end of the program.

To view education and training materials issued by the Secretary of State, please visit the Training and Education Resources page on our website.

20. Services Performable Under Contract and Mandatory Office Hours

Section 31.094 of the Code provides that an election services contract may provide for the county election officer to perform or to supervise the performance of any or all of the corresponding duties and functions that the officer performs in connection with a countywide election ordered by a county authority.

The county election officer may assign deputies to perform any of the contracted services. (Sec. 31.095). However, an election services contract may not change a political subdivision’s requirement to maintain office hours under Section 31.122 of the Code. (Sec. 31.096).

Mandatory Office Hours: Each county clerk, city secretary, or secretary of a governing body (or the person performing duties of a secretary) must keep the office open for election duties for at least 3 hours each day, during regular office hours, on regular business days. (Sec. 31.122).

21. Early Voting Rosters

The early voting clerk shall maintain for each election a roster listing each person who votes an early voting ballot by personal appearance and a roster listing each person to whom an early voting ballot to be voted by mail is sent. The list must include, at minimum, the name, VUID, and precinct number for each voter. Each roster shall be updated daily. Information on the roster for a person who votes an early voting ballot by personal appearance shall be made available for public inspection not later than 11:00 a.m. on the day after the date the information is entered on the roster. Information on the roster for a person who votes an early voting ballot by mail shall be made available for public inspection not later than 11:00 a.m. on the day following the day the early voting clerk receives a ballot voted by mail. The clerk shall preserve each roster after the election for the period for preserving the precinct election records. (Sec. 87.121).

For all elections in which the county clerk/elections administrator is the early voting clerk (including by contract and/or joint election agreement), the information on the early voting rosters (in-person and by- mail voters) must be posted on the county’s website. Section 87.121 of the Code does not state a specific time by which the early voting rosters must be posted online; our office recommends that the rosters be posted by 11:00 a.m. each day.

For all elections where the county clerk/elections administrator is not the early voting clerk by contract, by law, or due to a joint election agreement, the information on the early voting roster (in-person and by- mail voters) must be posted on the local political subdivision’s website. If the authority which ordered the election does not maintain a website, then the information on the roster must be posted on the bulletin board used for posting notice of meetings of the governing body of the authority. Again, Section 87.121 of the Code does not state a specific time by which the early voting rosters must be posted online, but we recommend posting the rosters by 11:00 a.m. each day.

If an early voting clerk fails to post their early voting rosters in accordance with Section 87.121, a person registered to vote in the county where the early voting clerk is conducting early voting may file a complaint with the Secretary of State regarding the early voting clerk’s noncompliance. (Sec. 87.121(o)).

Note for local political subdivisions: The early voting clerk for each political subdivision is also responsible for posting or linking to the early voting roster, depending on whether or not the entity is contracting with the county.

  • If the entity is contracting with the county, the early voting roster must be posted on the county’s website and the entity should provide a link to that list on the entity’s website.
  • If the entity is NOT contracting with the county, the early voting roster must be posted on the entity’s website.

22. Inspection of Voted Ballots and Cast Vote Records

NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that images of voted ballots, if maintained, and cast vote records shall be made available for public inspection beginning on the first day after the final canvass of an election is completed. The bill also provides that original voted ballots shall be made available for public inspection beginning on the 61st day after election day. The bill requires the general custodian of election records to adopt procedures to ensure the redaction of any personally identifiable information of the voter that is contained on the voted ballot, ballot images, or cast vote records before making them available for public inspection.

The bill does not amend Section 66.058 of the Election Code, which requires voted ballots to be preserved securely in a locked room in the locked ballot box for at least 60 days after the date of the election. Section 66.058 also provides that an unauthorized entry into the ballot box containing voted ballots or the failure to prevent an unauthorized entry into the ballot box constitutes a Class A misdemeanor. The Secretary of State interprets these provisions to prohibit the general custodian of election records from accessing the voted ballots during the initial 60-day period (except in the event of a recount or another authorized entry into the ballot box) and preclude the custodian from beginning to redact original voted ballots under Section 1.012(h) until after that 60-day period has elapsed.

Ballot images and cast vote records are also subject to the general preservation provisions in Section 66.058. However, HB 5180 provides a different deadline for making those specific records publicly available. Since ballot images and cast vote records are available for public inspection beginning on the first day after the final canvass, a county may begin the redaction process under Section 1.012(h) for ballot images and cast vote records as soon as practicable following the final canvass. See Tex. Sec’y of State Election Advisory No. 2024-05 and Tex. Sec’y of State Election Advisory No. 2024-20.

Our office recommends that the county elections office work closely with its county attorney and its public information division in ensuring that records have been properly redacted before being made publicly available. Please direct any questions about the procedures for responding to a public information request, including the timeframes for such responses, to the Office of the Attorney General via its Open Government Hotline, (877) OPEN TEX (673-6839).

23. Note on Ordering the Runoff Election and Notice of Election

Our office recommends ordering your runoff election and any extended weekday or weekend voting as soon as the final canvass has been completed due to the short timeframe between the November 5, 2024 election and the December 14, 2024 runoff election. Additionally, if possible, we recommend that a local political subdivision issue the notice of election immediately after the runoff election is ordered.

Notice of a runoff election must be posted on the website of the political subdivision that ordered the election no later than the 15th day before election day, Friday, November 29, 2024. If the political subdivision does not maintain a website, the notice must be posted on the bulletin board used for posting notices of public meetings. (Sec. 2.026).

The general rule is that, additionally, notice must be given using one of the following methods:

  1. By posting a notice in each election precinct in which the election is to be held on or before the 15th day before the election, Friday, November 29, 2024. (Secs. 2.026, 4.003(a)(2)).
  2. By publishing the notice at least once between the 30th day and the 10th day before the election, Thursday, November 14, 2024 – Wednesday, December 4, 2024. (Sec. 4.003(a)(1)).
  3. By mailing a copy of the notice to each registered voter of the territory covered by the election, not later than the 10th day before election day, Wednesday, December 4, 2024. (Sec. 4.003(a)(3)).

Cities and School Districts: Cities and school districts are required to publish their notice in a newspaper in accordance with Section 4.003(a)(1) (See number 2 above) and may also give any additional notice. (Sec. 4.003(c)). If a county maintains a website, the county must post any notice of a runoff election provided to the county by a political subdivision conducting a runoff election in the county to the county’s website no later than the 15th day before election day, Friday, November 29, 2024. (Secs. 2.026, 4.003(b)). If the county does not maintain a website, school districts and cities must also post a copy of the notice on the governmental bulletin board used for posting notice of public meetings no later than the 15th day before election day, Friday, November 29, 2024.

NOTE - Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under Section 4.008. This is regardless of whether the county is contracting with the entity.

NOTE - Section 4.004 requires the notice of election to include the Internet website of the authority conducting the election.

NOTE - Section 83.010 requires an election order and the election notice to state the early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website. (Sec. 83.010).

24. Note on Candidate Withdrawals in the Runoff

A candidate in a runoff election may not withdraw from the election after 5 p.m. of the third day after the date of the final canvass for the main election. (Sec. 145.092). The last day for the official canvass to be completed for the November 5, 2024 election is Tuesday, November 19, 2024. (Secs. 1.006, 67.003). If your political subdivision canvasses the main election on the last possible day to canvass, then this means that the last day a candidate can withdraw their name from the runoff election ballot is Friday, November 22, 2024 (the Day after Thanksgiving Day). Accordingly, our office strongly recommends that the political subdivision canvass the main election as soon as possible to avoid having to accept a candidate withdrawal on November 22.

25. Note on Recounts

The deadline for submitting an expedited recount petition for the main election is 2 p.m. of the second day after the date of the local canvass. It is possible that the timing of the recount may impact ballot preparation for the scheduled runoff election. As such, it is strongly recommended that the entity complete the requested recount in a timely manner following the submission of a recount petition. (Secs. 212.083, 212.089).

If the deadline for submitting an expedited recount petition falls on a Saturday, Sunday, or legal state holiday, the deadline is extended to 10 a.m. of the next regular business day. If the deadline for submitting an application for including remaining paper ballot precincts or an amendment to a petition or application falls on a Saturday, Sunday, or legal state holiday, the recount coordinator shall be accessible or have an agent accessible at the coordinator's office for at least one hour immediately preceding the deadline unless the document subject to the deadline has already been submitted. Failure of the coordinator to comply with this subsection excuses performance until 9 a.m. of the next day that is not a Saturday, Sunday, or legal state holiday. (Sec. 212.088).

If an expedited recount is requested for a main election that may result in a runoff election, the recount committee members must continue performing their duties on days that are not regular working days and during hours that are not regular working hours if necessary to complete the recount in time to avoid interfering with the orderly conduct of the scheduled runoff election. (Sec. 212.089).

Because the December 14, 2024 runoff election occurs soon after the November 5, 2024 election, we recommend canvassing the November election as soon as possible to allow adequate time for your entity to prepare for the December runoff election.

Calendar of Events

January

Monday, January 1, 2024

First day for voters to submit an ABBM, an Annual ABBM, or a Federal Postcard Application (FPCA). The Annual ABBM and FPCA allows the voter to receive ballots for all elections in which they are eligible to vote held in 2024. Voters who will be 65 or older on election day or voters with a disability are eligible to submit an annual application. The application is considered submitted at the time of receipt. (Secs. 84.001(e), 84.007, 86.0015).

May

Monday, May 13, 2024 (Second Monday in May)

Last day a person may file as an independent candidate for President. The application, nominating petition, and written statements of consent to be a presidential elector candidate from 40 presidential elector candidates must be filed with the Secretary of State. (Sec. 192.032). See Running for President in Texas (in 2024).

Monday, May 27, 2024 (Memorial Day)

Tuesday, May 28, 2024 (75th day after minor party precinct conventions)

Deadline for chairs to submit petitions and precinct convention lists to Secretary of State and to the appropriate county clerk (or other county election official) for placement on the ballot. The deadline is extended to the next regular business day which is Tuesday, May 28, 2024 due to the 75th day falling on Sunday, May 26, 2024 and Monday, May 27, 2024 is Memorial Day, a legal state holiday. (Secs. 1.006, 181.005(a), 181.006(b)(3), 182.003, 182.004).

June

Monday, June 17, 2024 (20th day after Runoff Primary Election Day)

First day of new term for political party county and precinct chairs elected in the March 5, 2024 Primary Election. (Sec. 171.022(c)).

Wednesday, June 19, 2024 (Juneteenth)

Thursday, June 20, 2024 (30th day before Saturday, July 20, 2024, “first day to file”)

Cities, Schools and Other Political Subdivisions: Deadline to post Notice of Deadline to File an Application for Place on the Ballot (PDF) in a public place in a building in which the authority maintains an office. The notice must be posted not later than the 30th day before the first day to file. (Sec. 141.040, Election Code; Sec. 49.113, Water Code).

For more information on candidate filings, see Candidate’s Guide for Local Political Subdivisions.

NOTE: Water Districts: The notice must be posted at the district’s administrative office or at the public place established by the district under Section 49.063 of the Water Code. (Sec. 49.113, Water Code).

NOTE - The authority with whom an application for a place on the ballot is filed is required to designate an e-mail address in the notice required by Section 141.040 of the Code for the purpose of filing an application for a place on the ballot.

NOTE - The delivery, submission, or filing of an application with an employee of the filing authority at the authority’s usual place for conducting official business constitutes filing with the authority. (Sec. 1.007).

NOTE - Candidates will need to provide an indication on their candidate application that the candidate has either not been finally convicted of a felony, or if so convicted, has been pardoned or otherwise released from the resulting disabilities. A person who has been convicted of a felony will need to include with the application proof that the person has been pardoned or otherwise released from the resulting disabilities. The application form must include a statement informing candidates of the requirement to submit this information. Further, the official application form will need to include a statement informing candidates that knowingly providing false information on their application related to their final felony conviction status is a Class B misdemeanor. (Secs. 141.031, 141.039).

NOTE - School Districts: In addition to the general felony rule at Election Code Sec. 141.001 (finally convicted), a candidate for school board must not have been convicted (finally convicted or otherwise) of specific crimes under the Education Code in time to serve. (Sec. 11.066, Education Code).

Thursday, June 27, 2024 (30th day after Runoff Primary Election Day)

Counties: 5:00 p.m. — Filing deadline for independent candidate’s application for place on ballot (PDF) and petition (PDF) for the November General Election for state and county officers. (Sec. 142.006). See Independent Candidates Guide.

Sunday, June 30, 2024 (Last day in June)

In a county with a population of over 500,000, deadline for party chairs to submit to county commissioners court a list of eligible persons for precinct presiding election and alternate presiding judges for appointments, as well as for presiding and alternate presiding judges of central counting station for appointments for the November General Election for state and county officers. (Secs. 32.002(a)(1), (c), 127.005(e)).

Deadline for party chairs to submit to county election officer the list of eligible persons to serve as election officers for the main and any branch early voting location for the November General Election for state and county officers. (Sec. 85.009).

Recommended date that party chairs, in a county with a population of over 500,000, submit to the county election board a list of names of eligible persons to serve on the early voting ballot board for the November General Election for state and county officers. (Sec. 87.002(c), (d)). NOTE: This is not a deadline; just a recommendation.

NOTE – Section 87.002 requires the early voting ballot board to have an alternate judge. The alternate judge is appointed in the same manner as the presiding judge.

NOTE: A signature verification committee may be appointed at a later date. (Sec. 87.027).

Political Subdivisions Other than Counties: For recommended date to appoint your presiding election judges, see entry under August 19, 2024.

July

July Term

Counties with a Population of Over 500,000: This is meant for counties that did not make two-year appointments in 2023, and will be making appointments in the July 2024 term. The commissioners court must appoint the election judges for each regular county election precinct, the presiding and alternate judge for the central counting station, and the presiding and alternate judge for the early voting ballot board at its July term in a county with a population of over 500,000. In counties with a population of over 500,000, the terms of the judges start on August 1, 2024. See entry for Sunday, June 30, 2024. See Tex. Sec’y of State Election Advisory No. 2023-06 for more information on appointment procedures.

Monday, July 1, 2024 – Tuesday, October 1, 2024

Recommended timeframe for the county election board in a county with a population of over 500,000 to appoint the members to the early voting ballot board for the November General Election for state and county officers. (Sec. 87.002(c), (d)). Section 87.002(c) of the Election Code does not provide a deadline for the county election board to make such appointments. NOTE: This is not a deadline; just a recommendation. October 1 is the recommended deadline because of various notice requirements.

NOTE – Section 87.002 requires the early voting ballot board to have an alternate judge. The alternate judge is appointed in the same manner as the presiding judge.

It is also recommended that the commissioners court, in a county with a population of over 500,000, appoint during its July term the central counting station manager, tabulation supervisor, and assistants to the tabulation supervisor if it has established a central counting station. (Secs. 127.001, 127.002, 127.003, 127.004). NOTE: This is not a deadline; just a recommendation.

Thursday, July 4, 2024 (Independence Day)

Saturday, July 20, 2024 (30th day before Monday, August 19, 2024, regular filing deadline for a place on the ballot)

Counties: First day to file a Declaration of Write-In Candidacy (PDF) and accompanying filing fee or nominating petition (PDF) in lieu of filing fee with the county judge or Secretary of State, as applicable, for the November General Election for state and county officers. (Secs. 146.023, 146.0231, 146.0232, 146.025(a), 172.024, 172.025). See Write-In Candidates Guide.

Political Subdivisions Other Than Counties: First day to file an application for a place on the ballot or a declaration of write-in candidacy. (Secs. 143.007(a), 144.005(a), 146.054, Election Code; Secs. 11.055, 11.056, 130.082(g), 130.0825, Educ. Code). See Candidacy Filing outline for more details. The following forms are available on the Secretary of State’s website:

NOTE: We are often asked how filing can begin if you have not yet ordered the general election. You do not need to order your general (regularly occurring) election in order for the filing period to begin.

NOTE - The delivery, submission, or filing of an application with an employee of the filing authority at the authority’s usual place for conducting official business constitutes filing with the authority. (Sec. 1.007).

NOTE: Most elective offices now require that a candidate be a registered voter of the territory that the office is elected from as of the filing deadline or as of other statutory deadlines. (Sec. 141.001). For more information on the candidate voter registration requirement, see Voter Registration Requirements for Candidates.

NOTE: Cities, Schools, and Other Political Subdivisions: At least part of the candidate filing period will occur during the summer break for school districts. Additionally, there are political subdivisions that do not have office hours on all days of the business week (Monday through Friday) or do not have an office that is open for eight hours each day of the business week. The Elections Division recommends that political subdivisions take steps to have someone available for a few hours most days during the candidate filing period to accept filings, and that political subdivisions post a schedule on their websites and on the bulletin boards where notices of meetings are posted of the days and times when someone will be available to accept filings. The Elections Division also strongly recommends having someone available at the place of business on the filing deadline, especially from 2:00 p.m. to 5:00 p.m., if you are otherwise closed. This guideline is based on the office-hour rule under Section 31.122 of the Election Code. Although a political subdivision may accept applications by mail and fax, without a person there at the office, the political subdivision will not be able to determine which applications were timely filed by 5:00 p.m.

NOTE - Candidate applications, other than those that must be accompanied by a filing fee, may be filed via email. The application must be a scanned copy of the candidate application and must be sent to the filing authority’s designated email address for accepting applications. (Secs. 143.004, 144.003).

Wednesday, July 31, 2024 (last day “before August”)

In a county with a population of 500,000 or less, deadline for party chairs to submit to county commissioners court list of eligible persons for precinct presiding election and alternate presiding judges for appointments, as well as for presiding and alternate presiding judges of central counting station for appointments for the November General Election for state and county officers. (Secs. 32.002(a)(2), (c), 127.005(e)).

Recommended date that party chairs in a county with a population of 500,000 or less submit to the county election board a list of names of eligible persons to serve on the early voting ballot board for the November General Election for state and county officers. (Sec. 87.002(c), (d)). NOTE: This is not a deadline; just a recommendation.

NOTE –Section 87.002 requires the early voting ballot board to have an alternate judge. The alternate judge is appointed in the same manner as the presiding judge.

NOTE: A signature verification committee may be appointed at a later date. (Sec. 87.027). For more information on the appointment procedures for election workers, see Election Workers Handbook (PDF).

Recommended date that county election officials and local political subdivisions meet to discuss conducting elections at the same polling locations pursuant to Sections 42.002 and 42.0621, as well as any applicable joint election issues needed to be agreed upon. NOTE: This is not a deadline; just a recommendation.

August

August Term

Counties with a Population of 500,000 or Less: This is meant for counties that did not make two-year appointments in 2023, and will be making appointments in the August 2024 term. The commissioners court must appoint the election judges for each regular county election precinct, the presiding and alternate judge for the central counting station, and the presiding and alternate judge for the early voting ballot board at its August term in a county with a population of 500,000 or less. In counties with a population of 500,000 or less, the terms of the judges start on September 1, 2024. See entry for July 31, 2024. See Tex. Sec’y of State Election Advisory No. 2023-06 for more information on appointment procedures.

Thursday, August 1, 2024 – Tuesday, October 1, 2024

Recommended timeframe for the county election board in counties with a population of 500,000 or less appoint the members to the early voting ballot board for the November General Election for state and county officers. (Sec. 87.002(c), (d)). Section 87.002(c) of the Election Code does not provide a deadline for the county election board to make such appointments. NOTE: This is not a deadline; just a recommendation. October 1 is the recommended deadline because of various notice requirements.

Recommended date that commissioners court in a county with a population of 500,000 or less appoint central counting station manager, tabulation supervisor, and assistants to the tabulation supervisor if it has established a central counting station. (Secs. 127.001, 127.002, 127.003, 127.004). NOTE: This is not a deadline; just a recommendation.

Wednesday, August 7, 2024 (90th day before Election Day)

Last day for eligible political subdivisions to submit Notice of Exemption Under Section 61.013 (PDF) or an Application of Undue Burden Status (PDF) to the Secretary of State for exemption from the accessible voting system requirement. (Sec. 61.013). For additional information, consult the most current advisory on this topic, Tex. Sec’y of State Election Advisory No. 2024-13.

Friday, August 16, 2024 (81st day before Election Day, day before 2nd day before filing deadline)

Political Subdivisions Other Than Counties: If a candidate dies on or before this date, his or her name is not placed on the ballot, if the filing deadline is Monday, August 19, 2024. (Sec. 145.094(a)(1)).

NOTE - Section 145.098 provides that if a candidate dies on or before the deadline for filing an application for a place on the ballot, the authority responsible for preparing the ballots MAY choose to omit the candidate from the ballot. If the authority does choose to omit the candidate, the deadline for filing an application for a place on the ballot is extended to the fifth day after the filing deadline, Monday, August 26, 2024. This extended deadline only applies to the regular filing deadline. It DOES NOT apply to the write-in deadline.

NOTE - Because the extended deadline for filing an application for a place on the ballot falls on a weekend (Saturday, August 24, 2024), it is extended to the next regular business day, Monday, August 26, 2024. (Sec. 1.006).

Monday, August 19, 2024 (78th day before Election Day)

5:00 p.m. — Last day a person may file as a write-in candidate for President. The declaration as well as the written statements of consent to be a presidential elector candidate from 40 presidential elector candidates must be filed with the Secretary of State. See Running for President in Texas (in 2024). (Secs. 146.025, 192.036).

Counties: 5:00 p.m. — Deadline to file as a write-in candidate for the November General Election for state and county officers. (Sec. 146.025(a)). A declaration of write-in candidacy filed by mail is considered to be filed at the time of its receipt by the appropriate authority. (Sec. 146.025(c)). See Write-In CandidatesGuide.

Exception: If a candidate whose name is to appear on the general election ballot dies or is declared ineligible after the third day before the date of the filing deadline above, a declaration of write-in candidacy for the office sought by the deceased or ineligible candidate may be filed not later than 5:00 p.m. of the 75th day before election day. See entry for August 22, 2024. (Sec. 146.025(b)).

Political Subdivisions Other Than Counties: 5:00 p.m. — Last day for a candidate in a political subdivision (other than a county) to file an application for a place on the ballot for general election for officers for most political subdivisions, except as otherwise provided by the Texas Election Code. (Secs. 143.007(c), 144.005(d), Election Code; Sec. 11.055, Education Code; Chapter 286, Health & Safety Code). See Candidacy Filing outline for more details.

NOTE: A home-rule city’s charter may not provide an alternate candidate filing deadline. (Secs. 143.005(a), 143.007).

NOTE: An application submitted by mail is considered to be filed at the time of its receipt by the appropriate filing authority. (Secs. 143.007(b), 144.005(b)).

Political Subdivisions Other Than Counties (General Election): Deadline for political subdivisions to order a general election to be held on Tuesday, November 5, 2024. (Sec. 3.005). One of the following forms may be used:

Political Subdivisions Other Than Counties (Special Election): Deadline to order a special election on a measure or a special election to fill a vacancy (if authorized to fill vacancies by special election) to be held on the date of the November General Election for state and county officers. An application may not be filed before the special election is ordered, and in addition to the information stated below, the order must state the filing deadline. (Secs. 201.051(b), 201.054(c), (d)). The following forms may be used:

Counties: Deadline for counties to order a general election or a special election on a measure to be held on Tuesday, November 5, 2024. (Secs. 3.004, 3.005). The following forms may be used:

The order must include:

  1. The date of the election;
  2. The offices or measures to be voted on;
  3. The location of the main early voting polling place, including the street address, room number, and building name. The order must designate which location is the main early voting polling place;
  4. (Recommended) Branch early voting polling places (see Note 11, above);
  5. The dates and hours for early voting (recommended for counties, but required for all other entities);
  6. The dates and hours of any Saturday and Sunday early voting (if applicable, it is recommended that this information be included in the order for counties, but it must be included for all other entities); and
  7. The early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website.

In addition to the information included above, an order for a debt obligation (bond) election must include (Sec. 3.009):

  1. the proposition language that will appear on the ballot;
  2. the purpose for which the debt obligations are to be authorized;
  3. the principal amount of the debt obligations to be authorized;
  4. that taxes sufficient to pay the principal of and interest on the debt obligations may be imposed;
  5. a statement of the estimated tax rate if the debt obligations are authorized or of the maximum interest rate of the debt obligations or any series of the debt obligations, based on the market conditions at the time of the election order;
  6. the maximum maturity date of the debt obligations to be authorized or that the debt obligations may be issued to mature over a specified number of years not to exceed the maximum number of years authorized by law;
  7. the aggregate amount of the outstanding principal of the political subdivision's debt obligations as of the date the election is ordered;
  8. the aggregate amount of the outstanding interest on debt obligations of the political subdivision as of the date the election is ordered, which may be based on the political subdivision’s expectations relative to variable debt obligations; and
  9. the ad valorem debt service tax rate for the political subdivision at the time the election is ordered, expressed as an amount per $100 valuation of taxable property.

Recommended date to order the lists of registered voters from the county voter registrar. The list should include both the voters’ residences and mailing addresses in order to conduct early voting by mail. (Sec. 18.006). The political subdivision should confirm that the most recent maps or boundary changes have been provided to the voter registrar.

Recommended date to confirm telephone number for the county voter registrar’s office on election day.

Recommended date to order election supplies, other than ballots. (Subchapter A, Chapter 51).

Political Subdivisions Other Than Counties: Recommended date to appoint presiding and alternate judges. Currently, the Election Code does not establish a deadline for appointing election officials; there is only a notification deadline. For further information concerning procedures for appointing judges and their alternates, see Sections 32.005, 32.008, and 32.011. General eligibility requirements are found in Subchapter C, Chapter 32. In addition to appointing a judge and alternate judge for each election precinct pursuant to Sections 32.001 and 32.005, the governing body must allow the judge to appoint no less than two clerks; however, the alternate judge must serve as one of the clerks as a matter of law. (Secs. 32.032, 32.033). The presiding judge then appoints an additional clerk(s), but not more than the maximum set by the governing body. (Sec. 32.033). Presiding judges and their alternates must be given a Notice of Appointment (PDF) not later than the 20th day after the appointment is made. (Sec. 32.009). If the appointment is for a single election, the notice may be combined with the Writ of Election (PDF), which is required to be delivered to each presiding judge not later than the 15th day before the election, Monday, October 21, 2024. (Secs. 4.007, 32.009(e)). If the notices are combined, both must be delivered by the date required by the earlier notice.

NOTE: If you are conducting a joint election with the county, please be advised that the Election Code places many requirements on the method of selecting people who must be appointed by the county to work in the November General Election for state and county officers. See Sections 32.002 and 32.034, Election Code.

NOTE: Water Districts: A water district is not required to provide a Notice of Appointment to a presiding judge, as required under Section 32.009, but must provide a Writ of Election (PDF). (Sec. 4.007, Election Code; Sec. 49.110, Water Code).

Recommended date to appoint the presiding judge and alternate judge of the early voting ballot board or to designate the election workers of one election precinct to serve as the early voting ballot board. (Secs. 87.001, 87.002, 87.004). There is no statutory notice requirement for members of the early voting ballot board, but good practice suggests that written notice be given to them.

Recommended date to appoint the central counting station personnel (manager, tabulation supervisor and assistants to the tabulation supervisor), if applicable. (Secs. 127.002, 127.003, 127.004, 127.005). There is no statutory notice requirement for members of the central counting station, but good practice suggests that written notice be given to them.

Thursday, August 22, 2024 (75th day before Election Day, 4th day before recommended ballot drawing date)

First day to post Notice of Drawing for Place on Ballot (PDF) if drawing is to be conducted on Monday, August 26, 2024. This notice must be posted for 72 hours immediately preceding the time of the drawing. (Sec. 52.094(c)).

The authority conducting the ballot position drawing shall provide notice of the date, hour, and place of the drawing to candidates by this date if the drawing is to be conducted on Monday, August 26, 2024, as recommended. (Sec. 52.094(d)). If a candidate in a special election files on this date, they should be given a copy of the notice at the time they file.

The authority conducting the drawing shall provide notice of the date, hour, and place of the drawing to each candidate. The authority may provide written notice at the time the candidate files an application with the appropriate authority.

If notice was not provided at the time the candidate filed an application, the notice may be provided by:

  1. written notice that is mailed to the address stated on the candidate’s application not later than
  2. the fourth day before the date of the drawing; or
  3. telephone, if a telephone number is provided on the candidate’s application; or
  4. by e-mail, if an e-mail address was provided on the candidate’s application. (Sec. 52.094).

Political Subdivisions Other Than Counties: 6:00 p.m. — Last day to file an application for a place on the ballot or a Declaration of Write-In Candidacy (PDF) (PDF) in a special election to fill a vacancy to be held on the date of the November General Election for state and county officers. (Sec. 201.054(f), (g)). NOTE: For future reference, please note that this deadline is not the same for elections held on the May uniform election date or on the November uniform election date in an odd-numbered year.

Friday, August 23, 2024 (74th day before Election Day)

Counties: Deadline for a party nominee or independent candidate in the November General Election for state and county officers to withdraw from the election. (Secs. 145.032, 145.062).

Counties: Last day on which death, declaration of ineligibility, or withdrawal of a party nominee or an independent candidate for the November General Election for state and county officers causes an omission of the candidate’s name from the ballot. (Secs. 145.035, 145.039, 145.064, 145.065). For certain exceptions regarding deceased candidates, please see Section 145.064(b)).

NOTE: A withdrawal request submitted by mail must be received by appropriate authority by this date. (Sec. 145.001(c)). A withdrawal request must also be sworn, and candidates may use the Certificate of Withdrawal (PDF). (Sec. 145.001(b)).

If a vacancy occurs on or before this date in a state, district, or county office not regularly scheduled for election in 2024, due to death, resignation, or removal of the officeholder, the unexpired term of the office shall be placed on the November 5, 2024 election ballot. (Sec. 202.002(a)). An appointment to fill the vacancy continues until the next succeeding general election and until a successor has been elected and has qualified for the office. Also, depending on the effective date of the vacancy, the office may also be voted on in the next succeeding primary election. (Secs. 202.002(b), 202.004). See Tex. Sec’y of State Election Advisory No. 2023-20.

Political Subdivisions Other Than Counties: 5:00 p.m. — Deadline for write-in candidates to file Declarations of Write-In Candidacy (PDF) for regular officers for city, school district, library district, junior college district, hospital district, common school districts, Chapter 36 and 49 Water Code districts, and other political subdivision elections, unless otherwise provided by law. (Secs. 144.006(b), 146.054(b), 146.055, Election Code; Secs. 11.056, 11.304, 130.0825, Education Code; Secs. 326.0431, 326.0432, Local
Government Code; Sec. 285.131, Health and Safety Code; Secs. 36.059, 49.101, 63.0945, Water Code). See Candidacy Filing outline and Local Candidates’ Guide for more information.

NOTE: An application submitted by mail is considered to be filed at the time of its receipt by the appropriate filing authority. (Secs. 143.007(b), 144.005(b)).

Political Subdivisions Other Than Counties: If you plan on holding your ballot position drawing on Monday, August 26, 2024, then your Notice of Drawing for Place on Ballot (PDF) of such drawing should be posted today. The notice must be posted for 72 hours immediately preceding the time of the drawing. (Sec. 52.094(c)).

Monday, August 26, 2024 (71st day before Election Day)

Political Subdivisions Other Than Counties: The Elections Division recommends that you hold your ballot position drawing no later than today to determine the order of candidates’ names on the ballot (Sec. 52.094) and that you certify today to the county election officer the offices, propositions (in all necessary languages), and candidates’ names (including the order) as they are to appear on the ballot, if you are contracting to have the county conduct your election or if you are conducting a joint election with the county.

NOTE: After the ballot drawing has occurred, the Elections Division recommends that you proof and test your ballot programming as soon as possible and prior to the deadline to mail a ballot if the political subdivision will be using automatic tabulating equipment to count the mail ballots or if your mail ballots are printed from the same database used to program your precinct scanners and/or DREs (See Note 14 above). The Elections Division also recommends that you provide candidates with copies of ballot proofs so that candidates may verify the correctness of their names, positions sought, and order of names on the ballot.

NOTE: Ballot position for the November General Election for state and county officers is determined by Sections 52.091 and 52.092, Election Code.

Political Subdivisions Other Than Counties: 5:00 p.m. — Last day for a candidate to withdraw from a general election, by submission of a notarized Certificate of Withdrawal (PDF) or a notarized letter, or to be declared ineligible. If a candidate withdraws or is declared ineligible by this date, his or her name is omitted from the ballot. (Secs. 146.054(c), 145.092(f), 145.094(a)(4)), 145.096(a)(4)).

NOTE - Section 145.098 provides that if a candidate dies on or before the deadline for filing an application for a place on the ballot, the authority responsible for preparing the ballots MAY choose to omit the candidate from the ballot. If the authority does choose to omit the candidate, the deadline for filing an application for a place on the ballot is extended to the fifth day after the filing deadline, Monday, August 26, 2024. This extended deadline only applies to the regular filing deadline. It DOES NOT apply to the write-in deadline.

Counties and Other Political Subdivisions: 5:00 p.m. — Last day to withdraw as a write-in candidate in the general election for state and county officers, or a general or special election ordered by a political subdivision other than a county, (Secs. 144.006(c), 146.0301, 146.054(c)). Candidates may use the Certificate of Withdrawal (PDF).

Political Subdivisions Other Than Counties: Recommended first day that a general or special election must be cancelled if all filing deadlines have passed, each candidate for an office listed on the ballot is unopposed (except as discussed below), and write-in votes may be counted only for names appearing on a list of write-in candidates. The Certification of Unopposed Candidates for Other Political Subdivisions (PDF) may be used to certify candidates as unopposed. Also, see our Sample Order of Cancellation (PDF).

A special election of a political subdivision is considered to be a separate election with a separate ballot from a general election for officers of the same political subdivision held at the same time as the special election. Therefore, the fact that there may be a proposition on the ballot will not prevent a cancellation of an election for candidates who are unopposed. (Sec. 2.051(a)). If any members of the political subdivision’s governing body are elected from territorial units, such as single member districts, an election may be cancelled in a particular territorial unit if each candidate for an office that is to appear on the ballot in that territorial unit is unopposed and no opposed at-large race is to appear on the ballot. An unopposed at-large race may be cancelled in an election regardless of whether an opposed race is to appear on the ballot in a particular territorial unit. (Sec. 2.051(b)). This recommended cancellation deadline considers a regular filing deadline of Monday, August 19, 2024, a special election filing deadline of Thursday, August 22, 2024, and a write-in deadline of Friday, August 23, 2024. For additional information, consult the outline on Cancellation of Election for Local Political Subdivisions.

Political Subdivisions Other Than Counties: Recommended date to appoint presiding and alternate judges. Currently, the Election Code does not establish a deadline for appointing election officials; there is only a notification deadline. For further information concerning procedures for appointing judges and their alternates, see Sections 32.005, 32.008, and 32.011. General eligibility requirements are found in Subchapter C, Chapter 32. In addition to appointing a judge and alternate judge for each election precinct pursuant to Sections 32.001 and 32.005, the governing body must allow the judge to appoint no less than two clerks; however, the alternate judge must serve as one of the clerks as a matter of law. (Secs. 32.032, 32.033). The presiding judge then appoints an additional clerk(s), but not more than the maximum set by the governing body. (Sec. 32.033). Presiding judges and their alternates must be given a Notice of Appointment (PDF) not later than the 20th day after the appointment is made. (Sec. 32.009). If the appointment is for a single election, the notice may be combined with the Writ of Election (PDF), which is required to be delivered to each presiding judge not later than the 15th day before the election, Monday, October 21, 2024. (Secs. 4.007, 32.009(e)). If the notices are combined, both must be delivered by the date required by the earlier notice.

Water Districts: A water district is not required to provide a Notice of Appointment to a presiding judge, as required under Section 32.009, but must provide a Writ of Election (PDF). (Sec. 4.007, Election Code; Sec. 49.110, Water Code).

Tuesday, August 27, 2024 (70th day before Election Day, 5th day after special election candidate filing deadlines) (State Holiday – LBJ Birthday)

NOTE: Deadlines on this date remain the same and do not move forward.

Political Subdivisions Other Than Counties: 5:00 p.m. — Last day for a candidate (place on the ballot or write-in) to withdraw from a special election, by submission of a notarized Certificate of Withdrawal (PDF) or a notarized letter, or to be declared ineligible. If a candidate withdraws or is declared ineligible by this date, his or her name is omitted from the ballot. (Sec. 145.092(e)).

Legislative Vacancies (if applicable): Last day for all candidates (including write-in candidates) to withdraw from a special election to fill a legislative vacancy (if any). (Secs. 146.083, 145.092(a)).

Thursday, August 29, 2024 (68th day before Election Day)

Deadline for Secretary of State (federal, state and district offices) and county judge (countywide and precinct offices) to certify names of independent and declared write-in candidates to county election officer for placement on the November 5, 2024 ballot. (Secs. 142.010, 146.029(c)).

Deadline for Secretary of State to certify to county election officer names of party nominees for statewide and district offices for placement on November 5, 2024 ballot, and deadline for Secretary of State to post major party nominees for county and precinct offices. (Secs. 161.008, 172.117).

September

Friday, September 6, 2024 (60th day before Election Day)

Political Subdivisions Other Than Counties: Last day for the governing body of a political subdivision to deliver notice of the election to the county election officer and voter registrar of each county in which the political subdivision is wholly or partly located. (Sec. 4.008).

NOTE - Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under 4.008. This is regardless of whether the county is contracting with the entity. See Note 9 for more information on the requirements related to Notice of Election.

NOTE - Section 4.004 requires the notice of election to include the Internet website of the authority conducting the election.

NOTE - Section 83.010 requires an election order and the election notice to state the early voting clerk’s official mailing address or street address at which the clerk may receive delivery by common or contract carrier, if different, phone number, e-mail address, and the Internet website, if the early voting clerk has an Internet website. (Sec. 83.010).

Recommended date for county clerk/county elections administrator to deliver an initial list of voters who have submitted annual applications for ballot by mail under Section 86.0015 and scans or photocopies of those applications to the early voting clerk of any political subdivision located within the county that is holding an election on November 5, 2024. The list should only include voters that reside in the political subdivision holding the election. The list should only be created and sent to those political subdivisions that have provided notice of the election to the county clerk/elections administrator. See also, the note below and the entry at Friday, October 25, 2024 for more information about delivery of a final list of voters. See entry for Thursday, October 24, 2024 and entry for Saturday, November 2, 2024 for more information on the delivery of copies/images of the applications.

NOTE - Section 86.0015 requires the county clerk/elections administrator to provide a list of voters that have submitted an annual application for ballot by mail to all political subdivisions in their county holding an election. The law only applies to elections for which the county clerk/elections administrator is not the early voting clerk via a contract for election services or joint election agreement. The Election Division strongly recommends that the county and political subdivisions discuss the frequency and method for which these lists should be transmitted to ensure that ballots are sent out timely. Finally, the county clerk/elections administrator must deliver either photocopies or scanned images of the applications (under Section 87.126) to the early voting clerk of the political subdivision before the ballots by mail are delivered to the early voting ballot board for qualifying and counting under Section 87.041.

Monday, September 9, 2024 (57th day before Election Day; 21st day after August 19, 2024)

Political Subdivisions Other Than Counties: Last day to notify election judges of their appointment if they were appointed, as recommended, on Monday, August 19, 2024. (Secs. 1.006, 32.009(b)). Presiding and alternate judges must be notified (PDF) of their appointment in writing, not later than the 20th day after the date the appointment is made. The deadline is extended to the next regular business day which is Monday, September 9, 2024 due to the 20th day falling on Sunday, September 8, 2024.

The notice of the judge’s duty to conduct the election (Writ of Election (PDF)) pursuant to Section 4.007 may be combined with the above notice, if the appointment is for a single election only. If the notices are NOT combined, then the notice of the judge’s duty to conduct the election (writ of election) must be delivered not later than the 15th day before election day, Monday, October 21, 2024.

Monday, September 16, 2024 (50th day before Election Day; 29th day before early voting begins)

Deadline to challenge the filing of an application for a place on the ballot as to form, content, and procedure. (Sec. 141.034).

NOTE - Section 141.034 of the Code provides that a candidate application cannot be challenged for “Form, Content, and Procedure” defects after the 50th day before the date of the election for which the application is made. (Sec. 141.034).

Last day for county chairs to supplement the list of names for early voting officer list. (Secs. 1.006, 85.009). The deadline is extended to the next regular business day which is Monday, September 16, 2024 due to September 14, 2024 falling on a Saturday.

Political Subdivisions Other Than Counties: Last day to notify election judges of their appointment if they were appointed, as recommended, on Monday, August 26, 2024. (Secs. 1.006, 32.009(b)). Presiding and alternate judges must be notified (PDF) of their appointment in writing, not later than the 20th day after the date the appointment is made. The notice of the judge’s duty to conduct the election (writ of election (PDF)) pursuant to Section 4.007 may be combined with the above notice, if the appointment is for a single election only. If the notices are NOT combined, then the notice of the judge’s duty to conduct the election (writ of election) must be delivered not later than the 15th day before election day, Monday, October 21, 2024.

Last day to publish notice (PDF) for testing of automatic tabulation equipment testing and logic and accuracy testing (L&A testing) of a voting system that uses direct recording electronic (DRE) voting machines and precinct scanners if test will be completed by recommended deadline of Wednesday, September 18, 2024. Notice of the public tests must be published at least 48 hours before the test begins. (Secs. 127.093, 127.096, 129.022, 129.023). See Note 14, above.

Monday, September 16, 2024 - Sunday, December 15, 2024 (50th day before Election Day through 40th day after Election Day)

Mandatory Office Hours: Each county clerk, city secretary or secretary of a governing body (or the person performing duties of a secretary) must keep the office open for election duties for at least 3 hours each day, during regular office hours, on regular business days. (Sec. 31.122).

NOTE for Independent School Districts: A “regular business day” means a day on which the school district’s main business office is regularly open for business. (Sec. 31.122(b)).

NOTE: Special Elections: In the case of a special election, the office hour rule is triggered starting the third day after the special election is ordered. (Sec. 31.122).

NOTE: Section 31.096 of the Code addresses nontransferable functions under an election services contract. Specifically, an election services contract may not change the political subdivision’s requirement to maintain office hours under Section 31.122. The amendment to Section 31.096 of the Code also allows a county that has contracted with a city to be the custodian of voted ballots for a city election. (Sec. 31.096).

Wednesday, September 18, 2024 (48th day before Election Day)

Recommended date to conduct the first test of the automatic tabulating equipment and for logic and accuracy (L&A test) test on precinct scanners and DREs. (Secs. 127.093, 127.096, 129.022, 129.023). The SOS recommends you complete your first round of testing prior to mailing your mail ballots if those ballots will be counted using automatic tabulation equipment. If you conduct your first round of testing by this date, you must publish notice of the test 48 hours prior to testing. See Note 14, above.

Saturday, September 21, 2024 (45th day before Election Day)

Deadline to mail ballots to military or overseas voters who already submitted their ballot requests via a federal postcard application (FPCA) or via a standard application for ballot by mail (ABBM) and indicated that they are outside the United States. Ballots must be mailed by this date or the 7th day after the clerk receives the application. If the early voting clerk cannot meet this 45th-day deadline, the clerk must notify the Secretary of State within 24 hours. (Sec. 86.004(b)).

NOTE: The 45th Day deadline under Section 86.004(b) is not extended by Section 1.006 to the next business day. The ballots covered by Section 86.004(b) should be sent out on or before Saturday, September 21, 2024.

NOTE- A member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders, or the spouse or dependent of a member, may submit an FPCA. (Sec. 101.001).

NOTE- An FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2) the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052).

Reminder Regarding FPCAs and Overseas ABBMs: If the early voting clerk receives an FPCA (from a military or non-military voter) after the 45th day deadline, then the ballot must be mailed within seven days after the early voting clerk receives the FPCA. (Secs. 86.004(b), 101.104).

Reminder: In regards to mail ballots for other voters (not military voters using an FPCA or overseas voters using an FPCA or ABBM), the early voting clerk must mail a ballot not later than the 7th day after the later of: (1) the date the early voting clerk has accepted a voter’s application for a ballot by mail or (2) the date the ballots become available for mailing. However, if the 7th day falls earlier than the 37th day before election day, the voter’s mail ballot must be mailed no later than the 30th day before election day. (Sec. 86.004(a)). This means that for every application that is accepted by the early voting clerk before the 37th day before election day, the balloting materials must be mailed by the 30th day before election day. Any application that comes in after the 37th day before election day will follow the 7-day timeline in Section 86.004.

NOTE: Information on the early voting roster for both early voting in person and early voting by mail must be made available for public inspection and on the county’s website if the county clerk or elections administrator is serving as the early voting clerk or on the city’s website if the city secretary is serving as the early voting clerk. The early voting roster shall be posted by 11:00 a.m. on the day after the information is entered on the roster (for early voting in person) or by 11:00 a.m. on the day after the early voting clerk receives a ballot voted by mail. If the entity does not maintain a website, the information must be on the bulletin board used for posting notices. (Sec. 87.121)

NOTE - Section 87.121 of the Code provides that if an early voting clerk fails to post their early voting rosters in accordance with Section 87.121, a person registered to vote in the county where the early voting clerk is conducting early voting may file a complaint with the Secretary of State regarding the early voting clerk’s noncompliance. The Secretary of State by rule shall create and maintain a system for receiving and recording these complaints. (Sec. 87.121).

NOTE - NEW LAW: SB 1599 (2023, R.S.) amended Section 87.0222 of the Code, effective September 1, 2023, to provide that not later than the ninth day before election day, the jacket envelopes containing early voting ballots voted by mail MUST be delivered to the early voting ballot board. This requirement applies regardless of the county’s population size. Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots to the early voting ballot board may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge. The early voting clerk shall post notice of each delivery of balloting materials that is to be made before the time for opening the polls on election day. The notice must be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.

NOTE - The early voting ballot board can meet as soon as the county has received voted ballots by mail from voters and those materials are delivered to the ballot board. The ballot board does not have to wait until this ninth-day deadline to meet.

Please note that the mail ballots may not be counted until (i) the polls open on election day, or (ii) in an election conducted by an authority of a county with a population of 100,000 or more or entities that are having joint elections with such a county or who are conducting their election with such a county through a contract for election services, the end of the period for early voting in person. (Secs. 87.0222, 87.0241).

NOTE: Results may not be released until the polls close on election day.

Early Voting Ballot Board Actions for Defective Carrier Envelopes: SB 1599 amended Section 87.0411 of the Code to provide that not later than the second day after the early voting ballot board discovers a defect(s) in a carrier envelope as described by Section 87.0411(a) of the Code and before the board decides whether to accept or reject a timely delivered ballot under Section 87.041, the board must send the voter a notice of the defect and a corrective action form developed under Section 87.0411(c-1) by mail or by common or contract carrier. The early voting ballot board must include with the notice delivered to the voter: (1) a brief explanation of each defect in the noncomplying ballot; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect in the voter’s ballot by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s).

NOTE – For more information on corrective action, see Note 17 and Tex. Sec’y of State Election Advisory No. 2023-13.

Monday, September 30, 2024 (36th day before Election Day)

Deadline for the Secretary of State to mail each county judge a copy of the Governor’s proclamation ordering the November General Election for state and county officers. (Sec. 3.003(c)).

October

Tuesday, October 1, 2024 (35th day before Election Day)

Counties: Deadline to receive a petition signed by 15 registered voters by the early voting clerk requesting that a signature verification committee be created. A request submitted by mail is considered to be submitted at the time of its receipt by the early voting clerk. (Sec. 87.027(a-1)).

Friday, October 4, 2024 (32nd day before Election Day)

Recommended date for early voting clerk to issue order (PDF) calling for appointment of signature verification committee. (Sec. 87.027).
NOTE - If the signature verification committee will start meeting on Wednesday, October 16, 2024, the early voting clerk must post a copy of the order (PDF) calling for appointment of the signature verification committee on or before this date as the notice must remain posted continuously for at least 10 days before the first day the committee meets. (Sec. 87.027(g)). This notice must be posted on the entity’s website if the entity maintains a website.

Sunday, October 6, 2024 (30th day before Election Day)

First day of period during which notice of election must be published if another method of giving notice is not specified by a law outside the Election Code, and publication is the method of giving notice selected. (Sec. 4.003(a)(1)). The notice for elections ordered by a county or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(c), (d)). This notice may be combined with the other notices you are required to publish. See Note 9.

Cities, Schools, and Other Political Subdivisions: It is strongly recommended that the Notice of Voting Order Priority (PDF) for voters with mobility issues also be posted on the subdivision’s website, if one is maintained by the political subdivision. (Secs. 63.0015, 85.007(d)). For more information on this requirement, see Note 15.

Counties: The recommended time to include this notice on a county website is when the notice of election is also posted on the website. (Secs. 63.0015, 85.007(d)).

NOTE: Notice of Change to Polling Place Location: For elections ordered by the governor or county judge only, if the location of the polling place changes after notice has been given under Section 4.003, and the county election officer maintains a website to inform voters about elections, the notice of the change must be posted on the website (see Notice of Change to Polling Place (PDF)). The notice on the website must be given not later than the earlier of: (1) 24 hours after the location was changed; or (2) 72 hours before the polls open on election day. (Sec. 43.061).

NOTE: Notice of Previous Polling Place: If a different polling place is being used than at the previous election held by the same authority, the Notice of Change to Polling Place (PDF) must be posted at the entrance of the previous polling place informing voters of the current polling place location, if possible. (Sec. 43.062).

Monday, October 7, 2024 (29th day before Election Day)

Last day to register to vote for the Tuesday, November 5, 2024 election. (Secs. 1.006, 13.143). The deadline is extended to the next regular business day which is Monday, October 7, 2024 due to the 30th day falling on Sunday, October 6, 2024. (Secs. 13.143(e), 15.025(d)).

NOTE:  A  Federal  Postcard  Application  (FPCA)  also  serves  as  an  application for permanent registration under Texas law unless the voter marked “my intent to return is uncertain” (2019 form (PDF)), or “my return is uncertain” (2017 form). The early voting clerk should make a copy (for mailing ballots, keeping records, etc.), then should forward the original to the county voter registrar, as soon as practicable. (Sec. 101.055; 1 T.A.C. § 81.40(a), (c)(2)).

Last day for a voter to make a change of address that will be effective for the November 5, 2024 election. A voter who submits a change of address after this date may still be eligible to return to his or her previous precinct to vote under “fail-safe” voting, if he or she still resides in the same county and the same local political subdivision, if applicable, conducting the election. (Secs. 15.025, 63.0011).

Recommended last day for early voting clerk to coordinate with the voter registrar receipt of supplemental and registration correction lists, if applicable, or coordinate receipt of the revised original list from the voter registrar for early voting by personal appearance. (Secs. 18.001, 18.002, 18.003, 18.004).

Note - In regards to mail ballots for other voters (not military voters using an FPCA or overseas voters using an FPCA or ABBM), the early voting clerk must mail a ballot not later than the 7th day after the later of: (1) the date the early voting clerk has accepted a voter’s application for a ballot by mail or (2) the date the ballots become available for mailing. However, if the 7th day falls earlier than the 37th day before election day (Sunday, September 29), the voter’s mail ballot must be mailed no later than the 30th day (Sunday, October 6) before election day. (Sec. 86.004(a)). This means that for every application that is accepted by the early voting clerk before the 37th day before election day, the balloting materials must be mailed by the 30th day before election day. Any application that comes in after the 37th day before election day will follow the 7-day timeline in Section 86.004.

Wednesday, October 9, 2024 (27th day before Election Day)

Recommended LAST date for the county elections board to appoint (PDF) a signature verification committee (if one was ordered not later than Friday, October 4, 2024 at the discretion of the county election officer and not required due to petition by 15 registered voters. The members must be appointed not later than the fifth day after the order was issued by the early voting clerk. The county elections board must post a notice of the appointment of committee members continuously until the last day the signature verification committee meets. (Sec. 87.027). This form may be used for the notice: Notice of Appointment of Signature Verification Committee (PDF).

NOTE - NEW LAW: HB 2800 (2023, R.S.) amended Section 51.002 of the Code, effective September 1, 2023, to require that notice of a meeting of the county election board be posted not later than 48 hours before each meeting. The county clerk shall post notice of the meeting on the county’s website, if the county maintains a website.

Friday, October 11, 2024 (25th day before Election Day)

Counties: Deadline for Democratic and Republican County Chairs to submit to the precinct presiding judges for each election day precinct, a list containing at least two persons who are eligible to serve as election clerks, in order to secure appointment of clerks affiliated or aligned with their respective parties. (Sec. 32.034(b)).

Monday, October 14, 2024 (Columbus Day/Indigenous Peoples’ Day)

Tuesday, October 15, 2024 (21st day before Election Day)

Last day to post notice of election required to be used for posting notices of meetings of governing body. (Sec. 4.003(b)). A Record of Posting Notice of Election (PDF) should be completed at the time of posting. (Sec. 4.005). See Note on Notice of Elections.

NOTE - NEW LAW: HB 2800 (2023, R.S.) amended Section 51.002 of the Code, effective September 1, 2023, to require that notice of a meeting of the county election board be posted not later than 48 hours before each meeting. The county clerk shall post notice of the meeting on the county’s website, if the county maintains a website.

Last day to post notice of election in each election precinct, if the method of giving notice is not specified by a law outside the Election Code and notice is given by this method in lieu of publication (extended deadline). (Sec. 4.003(a)(2)). The notice for elections ordered by the governor, a county authority, or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(a)(1), (c), (d)). A Record of Posting Notice of Election (PDF) should be completed at the time of posting. (Sec. 4.005).

All Political Subdivisions: The election notice shall be posted on the political subdivision’s website, if the political subdivision maintains a website. The order and notice should include all days and hours for early voting by personal appearance including voting on ANY Saturday or Sunday. (Secs. 85.006, 85.007). Note for cities and counties, the election notice must be subsequently amended to include voting later ordered for ANY Saturday or Sunday and must be posted on the political subdivision’s website, if maintained.

Note for Counties - Section 4.003 requires that counties post on the county website the notice and list of polling locations of any political subdivision that delivers their notice to the county under Section 4.008. This is regardless of whether the county is contracting with the entity and regardless of whether the entity is conducting their own election or contracting with the county.

For Bond Elections: First day a political subdivision must post on their Internet website prominently and together with the notice of the election, a copy of the sample ballot, and the contents of the proposition, if the political subdivision maintains an Internet website. (Sec. 4.003(f)).

The recommended time to include the notice of accepting voters with certain disabilities on a county website is when the notice of election is also posted on the website. (Secs. 63.0013, 85.007(d)). See Note 15 regarding notice on accepting voters with certain disabilities.

Counties, Cities, and School Districts: Last day for a county that holds an election or provides election services for an election to post certain information regarding the upcoming election(s) on the county’s website per Section 4.009. A city or independent school district that holds an election and maintains an Internet website must also post this same election information on their website even if the county is also posting this data. The information posted on the website must include:

  1. the date of the election;
  2. the location of each polling place;
  3. each candidate for an elected office on the ballot; and
  4. each measure on the ballot. (Sec. 4.009).

Wednesday, October 16, 2024 (20th day before Election Day)

First day that the signature verification committee, if one is appointed, may begin operating. (Sec. 87.027).

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more, the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. (Sec. 127.1232). See Tex. Sec’y of State Election Advisory No. 2022-10.

NOTE - NEW LAW Signature Verification Committee (if appointed) Actions for a Defective Carrier Envelope: SB 1599 (2023, R.S.) amended Section 87.0271 of the Code, effective September 1, 2023, to provide that not later than the second day after the signature verification committee discovers a defect(s) in a carrier envelope as described by Section 87.0271(a) of the Code and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.027, the committee must send the voter a notice of the defect and a corrective action form developed under Section 87.0271(c-1) by mail or by common or contract carrier. The signature verification committee must include with the notice delivered to the voter: (1) a brief explanation of each defect in the noncomplying ballot; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect in the voter’s ballot by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s). See Tex. Sec’y of State Election Advisory No. 2023-13.

If the signature verification committee determines that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect, the committee may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter’s application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect. In addition to sending the voter a notice of the defect or notifying the voter of the defect by telephone or e-mail, the signature verification committee must permit the voter to correct a defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov. See Tex. Sec’y of State Election Advisory No. 2023-13.

Last day to post notice (PDF) of places, days, and hours for voting at branch early voting polling place if voting is to begin at that location on the first day of early voting in person. The schedule may be amended after the beginning of early voting by personal appearance to include notice of additional branch locations, but any amendment must be made and posted not later than the fifth day before voting begins at the additional temporary branch. (Secs. 85.062, 85.067(c), (d)).

Deadline for a person who is not permanently registered to vote, to submit a postmarked FPCA, in order to receive a ballot for any non-federal election held on November 5, 2024. A person submitting who is not permanently registered to vote and submits a postmarked FPCA after this date (20th day) and before the deadline to submit an application for ballot by mail, is not entitled to receive a ballot for any non-federal election. See Monday, October 21, 2024 entry for timeliness of an FPCA received without a postmark (extended deadline). (Sec. 101.052(e)).

NOTE - An FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2) the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052).

NOTE - A member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders, or the spouse or dependent of a member, may submit an FPCA. (Sec. 101.001).

NOTE - Be sure to check the list of registered voters for permanent registration status. Also, state law authorizes an FPCA to also serve as an application for permanent registration; therefore, the person might be permanently registered based on a prior FPCA. Even if the FPCA arrives too late for a particular election, the early voting clerk will still need to forward the original FPCA to the county voter registrar, after making a copy for your early voting clerk’s use (mailing ballots, etc.) and records unless the voter marked “my intent to return is uncertain” (2019 form (PDF)), or “my return is uncertain” (2017 form), in which case it will not serve as a permanent registration. (Sec. 101.055; 1 T.A.C. § 81.40).

NOTE - Overseas (non-military) voters marking the FPCA “my intent to return is uncertain” (2019 form (PDF)), or “my return is uncertain” (2017 form), receive a federal ballot only regardless of the date filed. (Chapter 114). In a local (non-federal) election, this means there is no ballot to send the voter.

Last day to publish notice (PDF) of L&A test for DRE voting machines or precinct scanners if test will be held on Friday, October 18, 2024, if testing has was not already completed by Wednesday, September 18, 2024. Notice of the public L&A Test must be published at least 48 hours before the test begins. (Secs. 129.001, 129.023). See Note 14 above.

Counties: Last day to petition for temporary branch polling place(s) in a county with a population of 100,000 to 120,000, if the voting at those branch locations is to begin on the first day of early voting, Monday, October 21, 2024. (Secs. 85.062(d)(3), 85.067).

Counties: Last day to post notice (PDF) of places, days, and hours for voting at branch early voting polling place if voting is to begin at that location on the first day of early voting in person. The schedule may be amended after the beginning of early voting by personal appearance to include notice of additional branch locations, but any amendment must be made and posted not later than the fifth day before voting begins at the additional temporary branch. (Secs. 85.062(d)(3), 85.067(c)).

Thursday, October 17, 2024 – Friday, October 25, 2024 (19th day before Election Day - 11th day before Election Day)

A person submitting an FPCA (PDF) during this period who is not registered to vote is not entitled to receive a ballot for any non-federal election held on Tuesday, November 5, 2024. See entry below under October 21, 2024 (FPCA without a postmark). (Secs. 84.007, 101.052(e), (f)). The early voting clerk is required to maintain this application since it may be used for other elections.

NOTE: Overseas (non-military) voters marking the FPCA “my intent to return is uncertain” (2019 form (PDF)), or “my return is uncertain” (2017 form), receive a federal ballot only regardless of the date filed. (See Chapter 114). A person submitting an FPCA during this period is entitled to receive a federal ballot only (no state, district, or county offices), if not already a permanent registered voter. (Secs. 101.052(f), 114.002, 114.004).

NOTE: For counties that do not contract with local entities, the voter will only receive a ballot with federal offices.

NOTE: For entities not contracting with counties, there will be no federal office on that entity’s ballot. Therefore, there will be no ballot to send the voter for that entity’s election.

Friday, October 18, 2024 (18th day before Election Day)

Last day to conduct public L&A test of a voting system that uses DRE voting machines or precinct scanners. We highly recommend that this test is done on an earlier date to allow time for corrections to programming, if necessary. (See Note 15, above). Per Section 129.023, the L&A test shall be conducted not later than 48 hours before voting begins on such voting systems, assuming that the voting system will first be used for early voting in person. See Tex. Sec’y of State Election Advisory No. 2019-23. For more information on hash validation procedures, see Tex. Sec’y of State Election Advisory No. 2022-30.

Monday, October 21, 2024 (15th day before Election Day)

First day to vote early in person. (Sec. 85.001)

NOTE - The early voting period for elections held on the November uniform election date begins 17 days prior to election day, but because this day falls on a weekend (Saturday, October 19, 2024), it is extended to the next regular business day (Monday) under Section 85.001(c). See Note 21 on Early Voting Rosters.

NOTE - Counties: Early voting in person at the main early voting polling place must be conducted on each weekday of the early voting period that is not a legal state holiday and for a period of at least nine (9) hours, except that voting may not be conducted earlier than 6:00 AM or later than 10:00 PM. (Sec. 85.005(a)).

NOTE - NEW LAW: HB 1217 (2023, R.S.) amended Section 85.005(c) of the Code, effective September 1, 2023, to require that in ALL counties (regardless of population), voting in a special election ordered by the Governor shall be conducted at the main early voting polling place for at least 12 consecutive hours on each of the last two days of the early voting period. Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM. (Sec. 85.005(c)). See Tex. Sec’y of State Election Advisory No. 2023-10.

NOTE - NEW LAW: HB 1217 (2023, R.S.) amended Section 85.064 of the Code, effective September 1, 2023, to establish uniform early voting requirements for all counties regardless of population size. Any established temporary branch location must remain open for at least 8 hours on each of the days that voting is required to be conducted at the main early voting location.

NOTE - Voting by limited ballot must be done during the early voting period at the main early voting polling place (or by mail). (Sec. 112.002(a)).

NOTE - Political Subdivisions Other than Counties: Early voting in person must be conducted at least nine (9) hours each weekday that is not a legal state holiday unless the political subdivision has fewer than 1,000 registered voters, in which case early voting in person must be conducted at least four (4) hours per day. (Sec. 85.005(b)). This rule only applies to the main early voting location.

NOTE - Cities are not required to choose two weekdays for the main early voting polling place location to be open for at least 12 hours during the regular early voting period. (Sec. 85.005).

NOTE - For other local political subdivisions that do not have a city or county election officer serving as the early voting clerk, and which have fewer than 1,000 registered voters, any established temporary branch location must remain open for at least 3 hours on each of the days that voting is required to be conducted at the main early voting location. See Tex. Sec’y of State Election Advisory No. 2023-10.

NOTE - Independent School Districts: Despite the change in state law that allows an ISD to be closed on school holidays during the mandatory office hours period, you are required to be open during the entire early voting period, except on legal state and national holidays. (Sec. 85.005(b)).

NOTE - Joint Elections: If entities are conducting early voting by personal appearance jointly, we recommend a unified schedule covering all requirements; i.e., no entity’s requirements should be neglected or subtracted as a result of a joint agreement. See Note 8 regarding joint elections generally.

Deadline to receive an FPCA without a postmark. If an FPCA is received by this date without a postmark to prove mailing date, the early voting clerk will accept the FPCA and mail the applicant a full ballot even if the applicant is not a permanently registered voter but meets the requirements under Title 2 of the Election Code (unless the voter marks the FPCA form “my intent to return is uncertain” (2019 form (PDF)), or “my return is uncertain” (2017 form), in which case the voter receives a federal-only ballot). (Sec. 101.052(i)(1)).

Last day to notify election judges of duty to hold election (Writ of Election (PDF). Notice must be given by the 15th day before the election or the 7th day after the day the election is ordered, whichever is later. The Writ of Election must be given to each presiding judge and include:

  1. The judge’s duty to hold the election;
  2. The type and date of election;
  3. The polling place location at which the judge will serve;
  4. The polling place hours; and
  5. The maximum number of clerks the judge may appoint. (Sec. 4.007).

Wednesday, October 23, 2024 (13th day before Election Day; 72 hours preceding first hour Saturday early voting will be conducted)

Deadline to post notice (PDF) of Saturday early voting on county website. The notice must be posted continuously for at least 72 hours preceding the first hour that early voting on Saturday, October 26, 2024 will be conducted. (Sec. 85.007(b), (c)).

In counties with a population of 100,000 or more, deadline to post notice of Saturday early voting at any required temporary branch locations (created under Section 85.062(d) of the Texas Election Code). The notice must be posted continuously for at least 72 hours preceding the first hour that early voting on Saturday, October 26, 2024 will be conducted. (Secs. 85.006(e), 85.007(c), 85.062(d), 85.064(d), 85.068).

NOTE - NEW LAW: HB 1217 (2023, R.S.) amended Section 85.006(e) of the Code, effective September 1, 2023, to require the early voting clerk to order early voting in accordance with Section 85.006(e) of the Code (extended weekend early voting) at each temporary branch location established under Section 85.062(d). Therefore, in a primary election, the general election for state and county officers, or a special election to fill a vacancy in the legislature or Congress, early voting must be conducted for at least 12 consecutive hours on the last Saturday and at least 6 consecutive hours on the last Sunday of the early voting period at the mandatory temporary branch polling places established under Section 85.062(d) of the Code. (Secs. 85.006, 85.062, 85.064). Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM on the last Saturday of the early voting period. Voting may not be conducted earlier than 9:00 AM or later than 10:00 PM on the last Sunday of the early voting period. (Sec. 85.006). See Note 10.

NOTE - All Political Subdivisions, Except Counties: Voting on any Saturday or Sunday must be included in the order and notice of election. City secretaries no longer have the authority to order Saturday or Sunday early voting 72 hours immediately preceding the first hour that voting will be conducted. Local political subdivisions must have early voting on Saturday or Sunday, if a written request (PDF) is received from at least 15 registered voters of the political subdivision prior to the election being ordered. (Secs. 85.006, 85.007).

Thursday, October 24, 2024 (12th day before Election Day; day before the last day to apply for a ballot by mail)

Deadline to post notice (PDF) of Sunday early voting on county website. The notice must be posted continuously for at least 72 hours preceding the first hour that early voting on Sunday, October 27, 2024 will be conducted. (Sec. 85.007(b), (c)).

In counties with a population of 100,000 or more, deadline to post notice of Sunday early voting at any required temporary branch locations (created under Section 85.062(d) of the Texas Election Code). The notice must be posted continuously for at least 72 hours preceding the first hour that early voting on Sunday, October 27, 2024 will be conducted. (Secs. 85.006(e), 85.007(c), 85.062(d), 85.064(d), 85.068).

NOTE - NEW LAW: HB 1217 (2023, R.S.) amended Section 85.006(e) of the Code, effective September 1, 2023, to require the early voting clerk to order early voting in accordance with Section 85.006(e) of the Code (extended weekend early voting) at each temporary branch location established under Section 85.062(d). Therefore, in a primary election, the general election for state and county officers, or a special election to fill a vacancy in the legislature or Congress, early voting must be conducted for at least 12 consecutive hours on the last Saturday and at least 6 consecutive hours on the last Sunday of the early voting period at the mandatory temporary branch polling places established under Section 85.062(d) of the Code. (Secs. 85.006, 85.062, 85.064). Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM on the last Saturday of the early voting period. Voting may not be conducted earlier than 9:00 AM or later than 10:00 PM on the last Sunday of the early voting period. (Sec. 85.006). See Note 10.

First day a voter who becomes sick or disabled on or after this date may submit an application for a late ballot if the sickness or physical condition prevents the voter from appearing at the polling place without the likelihood of needing personal assistance or of injuring his or her health. (Sec. 102.001). See Application for Emergency Early Voting Ballot Due to Sickness or Physical Disability (PDF). Applications may continue to be submitted until 5:00 PM on election day. (Sec. 102.003).

NOTE – For more information on corrective action procedures, see Note 17.

Counties and Cities Only: Last day to post notice on bulletin board for posting notice of meetings of the commissioners court or city council, if early voting will be conducted on Sunday, October 27, 2024. (Sec.85.007). Notice must be posted at least 72 hours before early voting begins on a Saturday or Sunday. See entry at Wednesday, October 23, 2024.

Friday, October 25, 2024 (11th day before Election Day)

Last day to receive an FPCA (PDF) from a voter. If the voter is not registered in the county (and / or marked intent to return “not certain”), the voter is still eligible for a ballot containing federal offices only. In a local (non-federal) election, this means there is no ballot to send the voter. (Secs. 101.052(b), (f), 114.004(c)).

Last day for early voting clerk to receive applications for a ballot to be voted by mail. (Sec. 84.007(c)). All applications to vote by mail must be received by the early voting clerk before the close of regular business or 12 noon, whichever is later. Applications to vote by mail must be submitted by mail, common or contract carrier, in-person delivery by the voter, fax (if a fax machine is available in the office of the early voting clerk), or by electronic submission of a scanned application with an original signature. The early voting clerk’s designated email address must be posted on the Secretary of State’s website.

NOTE: If an ABBM is faxed or emailed or if an FPCA is faxed, then the applicant must submit the ORIGINAL application BY MAIL to the early voting clerk so that the early voting clerk receives the original no later than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA. If the early voting clerk does not receive the original ABBM or FPCA by that deadline, then the emailed or faxed ABBM or faxed FPCA will be considered incomplete, and the early voting clerk may NOT send the applicant a ballot. The requirement to mail the original application does not apply to an emailed FPCA.

NOTE - NEW LAW: SB 1599 (2023, R.S.) amended Section 86.008 of the Code, effective September 1, 2023, to require that if the early voting clerk determines that it would not be possible for the applicant to correct certain defects in a mail ballot application and return an application form by mail before the deadline, the clerk may notify the applicant by telephone or e-mail of the defect, and inform the applicant that the applicant may come to the early voting clerk’s office before the deadline and correct the defect in person. The clerk shall notify the applicant of a defect discovered and provide the information required to permit the applicant to correct the defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. See Note 17.

Deadline to apply for Presidential Ballot (see generally Tex. Sec’y of State Election Advisory No. 2020-32).

Last day for county clerk/elections administrator to deliver final list of voters that have submitted an annual application for ballot by mail to political subdivisions located within the county holding an election on November 5, 2024, for which the county clerk/elections administrator is not the early voting clerk via a joint election agreement or contract for election services. (Sec. 86.0015(c)).

Saturday, October 26, 2024 (10th day before Election Day; last Saturday of early voting period)

Extended weekend early voting for ALL counties (regardless of population). Early voting must be conducted for at least 12 consecutive hours on the last Saturday of the early voting period at the main early voting polling place. In counties with a population of 100,000 or more, early voting must be

conducted for at least 12 consecutive hours on the last Saturday of the early voting period at any required temporary branch locations (created under Section 85.062(d) of the Texas Election Code). (Secs. 85.006(e), 85.062(d), 85.064(d)). See Note 10 and Tex. Sec’y of State Election Advisory No. 2023-10.

Last day of period during which notice of the November General Election for state and county officers and other elections ordered by a county or a city or school district must be published in a newspaper of general circulation. (Sec. 4.003(a)(1)).

NOTE: The election notice shall be posted on the political subdivision’s website, if the political subdivision maintains a website.

Last day of period during which notice of election must be published if method of giving notice is not specified by a law outside the Election Code and publication is the selected method of giving notice. (Sec. 4.003(a)(1)). The notice of election ordered by an authority of a city or school district must be given by publication in a newspaper, in addition to any other method specified. (Sec. 4.003(c), (d)).

NOTE: The election notice shall be posted on the political subdivision’s website, if the political subdivision maintains a website.

Last day to mail a copy of the notice of election to each registered voter of the territory that is covered by the election and is in the jurisdiction of the authority responsible for giving the notice if method of giving notice is not specified by a law outside the Texas Election Code and this method of giving notice is selected.

Sunday, October 27, 2024 (9th day before Election Day; last Sunday of early voting period)

Extended weekend early voting for ALL counties (regardless of population). Early voting must be conducted for at least 6 consecutive hours on the last Sunday of the early voting period at the main early voting polling place. In counties with a population of 100,000 or more, early voting must be conducted for at least 6 consecutive hours on the last Sunday of the early voting period at any required temporary branch locations (created under Section 85.062(d) of the Texas Election Code). (Secs. 85.006(e), 85.062(d), 85.064(d)). See Note 10 and Tex. Sec’y of State Election Advisory No. 2023-10.

NOTE: There is no petition process to require a county with a population less than 100,000 to conduct weekend early voting at temporary branch locations. However, the early voting clerk may voluntarily order weekend early voting at temporary branch locations by written order if they choose to do so.

Deadline to post Notice of Delivery of Early Voting Balloting Materials (PDF), if ballot board will be meeting on Monday, October 28, 2024. Notice of delivery must be posted at the main early voting location continuously for 24 hours prior to delivery, if delivery will occur before election day. (Sec. 87.0222).

NOTE: The Notice of Delivery of Early Voting Balloting Materials serves as notice of the convening of the early voting ballot board. This notice should be posted every time the early voting ballot board reconvenes.

Monday, October 28 – Friday, November 1, 2024 (last week of early voting by personal appearance)

The early voting clerk must keep the main early voting polling place open for at least 12 consecutive hours each day between October 28 and November 1, 2024. Early voting must be conducted at permanent branch locations for at least 12 consecutive hours each day. (Secs. 85.005(c), 85.067).

Monday, October 28, 2024 (8th day before Election Day)

Extended weekday early voting for ALL counties (regardless of population). Early voting must be conducted for at least 12 consecutive hours on each weekday of the last week of the early voting period at the main early voting polling place. Voting may not be conducted earlier than 6:00 AM or later than 10:00 PM. (Sec. 85.005(c)).

NOTE - NEW LAW: SB 1599 (2023, R.S.) amended Section 87.0222 of the Code, effective September 1, 2023, to provide that not later than the ninth day before election day, the jacket envelopes containing early voting ballots voted by mail MUST be delivered to the early voting ballot board. This requirement applies regardless of the county’s population size. Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots to the early voting ballot board may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge. The early voting clerk shall post notice of each delivery of balloting materials that is to be made before the time for opening the polls on election day. The notice must be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.

Because the ninth day falls on Sunday, October 27, 2024, the deadline is extended to Monday, October 28, 2024. (Sec. 1.006).

NOTE - The early voting ballot board can meet as soon as the county has received voted ballots by mail from voters and those materials are delivered to the ballot board. The ballot board does not have to wait until this ninth-day deadline to meet.

Please note that the mail ballots may not be counted until (i) the polls open on election day, or (ii) in an election conducted by an authority of a county with a population of 100,000 or more or entities that are having joint elections with such a county or who are conducting their election with such a county through a contract for election services, the end of the period for early voting in person. (Secs. 87.0222, 87.0241). NOTE: Results may not be released until the polls close on election day.

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more, the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. (Sec. 127.1232). See Tex. Sec’y of State Election Advisory No. 2022-10.

NOTE - The county clerk/elections administrator must ensure that photocopies or electronic recordings of annual applications for ballot by mail have been delivered to the early voting clerk of every political subdivision holding an election before the ballots by mail are delivered to the early voting ballot board.

Wednesday, October 30, 2024 (6th day and 4th business day before Election Day)

5:00 p.m. — Deadline to submit a Request for Election Inspectors (PDF) for election day, Tuesday, November 5, 2024 to the Secretary of State. (Sec. 34.001).

Thursday, October 31, 2024 (5th day before Election Day; day before the last day to vote early in person)

A voter is eligible to vote a late ballot if they will be out of their county of residence on election day due to a death in the immediate family (related within 2nd degree of consanguinity or affinity) that occurs on or after this day. The voter may submit the Application for Emergency Early Ballot Due to Death in Family (PDF) starting Saturday, November 2, 2024 (the day after early voting in person ends). (Secs. 103.001, 103.003(b)). An application may be submitted after the last day of the period for early voting by personal appearance before the close of business on the day before election day. (Sec. 103.003).

Deadline for the early voting clerk to receive, by mail, the original or a copy with a wet signature of an ABBM that was faxed or emailed or of an FPCA that was faxed on the deadline to apply for a ballot by mail, Friday, October 25, 2024.

NOTE: Sec. 84.007(b-1) provides that a voter who faxed or emailed their ABBM or faxed their FPCA must mail the original to the early voting clerk so that the early voting clerk receives the original no later than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA. For more information, see Note 16.

November

Friday, November 1, 2024 (4th day before Election Day)

Last day to vote early by personal appearance. (Sec. 85.001(a)).

Early voting clerk must post Notice of Delivery of Ballots Voted by Mail (PDF) to the early voting ballot board if materials are to be delivered to the board on Saturday, November 2, 2024. Notice must be posted continuously for 24 hours preceding each delivery to the board. (Secs. 87.0221, 87.0222, 87.023, 87.024,
87.0241).

NOTE: The Notice of Delivery of Early Voting Balloting Materials serves as notice of the convening of the early voting ballot board. Your entity should also post notice every time the early voting ballot board reconvenes.

Counties with a Population of 100,000 or more:

After the polls close at the end of early voting by personal appearance, counties with a population of 100,000 or more (or local subdivisions conducting a joint election with such a county or conducting an election through a contract for election services with such a county) may convene their early voting ballot board and begin counting ballots; however, the results may not be announced until after the polls close. (Secs. 87.0222, 87.0241).

NOTE - If a county with a population of 100,000 or more (or a local subdivision conducting a joint election with such a county or conducting an election through a contract for election services with such a county) is convening their early voting ballot board early to begin counting ballots, the test of the tabulation equipment will need to be completed at least 48 hours before the equipment is used to count ballots. (Secs. 87.0222, 87.0241, 127.096).

Counties with a Population of Less than 100,000:

Counties may begin convening their early voting ballot board as the county has received voted ballots by mail from voters and those materials are delivered to the ballot board, but cannot begin counting the ballots until the polls open on election day. The early voting clerk shall continuously post notice for 24 hours preceding each delivery of voting materials that is to be made before the time for opening the polls on election day. (Secs. 87.0221, 87.023, 87.024, 87.0241). See Notice of Delivery of Early Voting Balloting Materials (PDF).

NOTE - The county elections officer must ensure that photocopies or electronic recordings of annual applications for ballot by mail have been delivered to the early voting clerk of every political subdivision holding an election before the ballots by mail are delivered to the early voting ballot board.

NOTE – NEW LAW - Early Voting Ballot Board Actions for a Defective Carrier Envelope: SB 1599 (2023, R.S.) amended Section 87.0411 of the Code, effective September 1, 2023, to provide that not later than the second day after the early voting ballot board discovers a defect(s) in a carrier envelope as described by Section 87.0411(a) of the Code and before the board decides whether to accept or reject a timely delivered ballot under Section 87. 041, the board must send the voter a notice of the defect and a corrective action form developed under Section 87.0411(c- 1) by mail or by common or contract carrier. The early voting ballot board must include with the notice delivered to the voter: (1) a brief explanation of each defect in the noncomplying ballot; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect in the voter’s ballot by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s).

If the early voting ballot board determines that it would not be possible for the voter to receive the notice of defect within a reasonable time to correct the defect, the board may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter’s application to vote by mail canceled in the manner described by Section 84.032, submit a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect. In addition to sending the voter a notice of the defect or notifying the voter of the defect by telephone or e-mail, the early voting ballot board must permit the voter to correct a defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. Please note that the Secretary of State’s Ballot by Mail Tracker is available at www.votetexas.gov.

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more, the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. (Sec. 127.1232). See Tex. Sec’y of State Election Advisory No. 2022-10.

Last day to publish notice (PDF) of public test of automatic tabulating equipment, if test will be held on Sunday, November 3, 2024, and if the first test was not previously already completed. The public notice of the test of automatic tabulating equipment must be published at least 48 hours before the test begins. (Sec. 127.096).

Saturday, November 2, 2024 (3rd day before Election Day)

First day to submit an application (PDF) for and vote a late ballot because of a death in the immediate family that occurred on or after Thursday, October 31, 2024, and will require absence from the county on election day, November 5, 2024. (Secs. 103.001, 103.003(b)). An application may be submitted after the last day of the period for early voting by personal appearance and before the close of business on the day before election day. (Sec. 103.003).

Last day to conduct public test of automatic tabulation equipment. Per Section 127.093, the test shall be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in an election and was not previously tested. We highly recommend that this test is done on an earlier date to allow time for corrections to programming, if necessary. (See Note 14, above).

Sunday, November 3, 2024 (2nd day before Election Day) (Daylight Savings Time Ends)

Monday, November 4, 2024 (day before Election Day)

Last day to submit an Application for Emergency Early Ballot Due to Death in Family (PDF). The application must be submitted by the close of business on this day. (Sec. 103.003(b)).

Last day for early voting clerk to mark the precinct list of registered voters with a notation beside each name of voter who voted early, and deliver list to election judges. The early voting clerk must also deliver the precinct early voting list. (Sec. 87.122). This may be delivered electronically if your county is using an e-poll book.

Delivery of Provisional Ballots and Forms: If the voter registrar wants to take possession of the provisional ballots and forms on election night, the voter registrar must inform the custodian of the election records and post a Notice of Election Night Transfer (PDF) no later than Monday, November 4, 2024, 24 hours before election day. (1 T.A.C. § 81.174(d)(3)). However, under this type of delivery, the county voter registrar must go to the custodian of election records office and pick up the provisional ballots and forms.

NOTE: The general custodian of election records (or the early voting clerk, if applicable) must also post a Notice of Delivery of Provisional Ballots (PDF) at least 24 hours before delivery will occur. (1 T.A.C. § 81.174(b)(1)).

Tuesday, November 5, 2024 (Election Day)

7:00 a.m. – 7:00 p.m.

Polls open. (Sec. 41.031).

Voter registrar’s office is open. (Sec. 12.004(c)).

Early voting clerk’s office is open for early voting activities. A voter may deliver a marked ballot by mail to the early voting clerk’s office while the polls are open on election day. The voter must provide an acceptable form of identification under Section 63.0101 upon delivery. The identification procedure is the same as that used for personal appearance voting. (Secs. 63.0101, 83.011,
86.006).

5:00 p.m.

Deadline for receiving Application for Emergency Early Voting Ballot Due to Sickness or Physical Disability (PDF) for late ballots to be voted by persons who became sick or disabled on or after Thursday, October 24, 2024. (Sec. 102.003(b)).

7:00 p.m.

Regular deadline for receiving early voting ballots by mail. BUT see entry for Wednesday, November 6, 2024 on “late domestic ballots” and entries for Tuesday, November 12, 2024 on other “late” ballots.

This is also the deadline to receive late ballots cast by voters who became sick or disabled on or after Thursday, October 24, 2024. (Secs. 86.007(a), 102.006(c)).

NOTE - Section 61.002 provides that immediately before the opening of the polls on election day, the presiding judge or alternate judge shall confirm that the public counters on each voting machine are set to zero and shall print the tape that shows that there are zero votes for each candidate or measure on the ballot. Immediately after the closing of the polls on election day, the presiding judge or alternate judge shall print the tape to show the number of votes cast for each candidate or measure. Each election judge and alternate judge shall sign the printed tapes. (Sec. 61.002).

NOTE - The presiding judge of the central counting station must provide and attest to a written reconciliation (PDF) of votes and voters at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots. (Sec. 127.131). Preliminary Election Reconciliation (PDF) – Unofficial Totals form (Election Day). Election Reconciliation Form (PDF) – Official Results (Canvass Form). See Note on Reconciliation.

NOTE: Receipt of Mail Ballots: All early voting ballots sent by mail from inside the United States that are received by 7:00 p.m. on election day, November 5, 2024, must be counted on election night. If the carrier envelope does not bear a cancellation mark or a receipt mark, the ballot must arrive before the time the polls are required to close on election day. (Sec. 86.007(a)(1). If the early voting clerk cannot determine whether a ballot arrived before that deadline, the ballot is considered to have arrived at the time the place at which the carrier envelopes are deposited was last inspected for removal of returned ballots. (Sec. 86.007(b)). The early voting clerk must check the mailbox for early voting mail ballots at least once after the time for regular mail delivery. (Sec. 86.007(b)).

NOTE - An early voting mail ballot that is not received by 7:00 p.m. on election day may not be counted unless the ballot may be counted late, which applies to late domestic ballots (Sec. 86.007(a)(2)), ballots mailed from outside the United States (Sec. 86.007(d)), and ballots from members of the armed forces and merchant marine of the United States, Texas National Guard or the National Guard of another state or members of the Reserves, as well as their spouses and dependents (Sec. 101.057). See entry for Wednesday, November 6, 2024, and entry for Tuesday, November 12, 2024.

NOTE: Delivery of Early Voting by Personal Appearance and Mail Ballots: The early voting clerk delivers the voted ballots, the key to the double-locked ballot box, etc., to the early voting ballot board at the time or times specified by the presiding judge of the early voting ballot board, during the hours the polls are open or as soon after the polls close as practicable. (Secs. 87.021, 87.022). The custodian of the key to the second lock of the double-locked early voting ballot box delivers his or her key to the presiding judge of the early voting ballot board on request of the presiding judge. (Secs. 85.032(d), 87.025). For county elections, elections ordered by the governor, and primary elections, the custodian is the sheriff, or in a year when the office of sheriff is on the ballot, the county judge. Alternatively, if the county judge does not have enough staff that can assist with this function, the county judge may designate the county auditor or members of the county auditor’s staff if the county has a designated county auditor. If ballots are to be delivered before election day, the early voting clerk must post notice (PDF) at least 24 hours before each delivery at the main early voting polling place. See Tex. Sec’y of State Election Advisory No. 2022- 10.

In city elections, the custodian of the keys is the chief of police or city marshal. For all other political subdivisions, the custodian is the constable of the justice precinct in which the political subdivision’s main office is located (or the sheriff, if there is no constable). (Sec. 66.060). If ballots are to be delivered before election day, the early voting clerk must post notice (PDF) at least 24 hours before each delivery at the main early voting polling place. (Secs. 87.0221, 87.022).

Note on Delivery of Early Voting Ballots to Early Voting Ballot Board Before Election Day

Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots to the early voting ballot board may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge. Mail ballots may be qualified and processed (signatures verified, carrier envelopes opened, and the secrecy envelope containing the ballot placed in a secure location), but they may not be counted until election day. (Secs. 87.0221, 87.0222, 87.023, 87.024, 87.0241). If ballots are to be delivered before election day, the early voting clerk must post notice (PDF) at least 24 hours before each delivery at the main early voting polling place.

NOTE - Counties with a population of 100,000 or more, or entities that are having joint elections with counties with a population of 100,000 or more or that are conducting an election through a contract for election services with such a county, may begin counting ballots no earlier than the end of the period for early voting by personal appearance; the results may not be released until the polls close on election day. (Secs. 87.0221, 87.0222, 87.023, 87.024, 87.0241(b), 87.042). If ballots are to be delivered before election day, the early voting clerk must post notice (PDF) at least 24 hours before each delivery at the main early voting polling place. (Secs. 87.0221(b), 87.023(b), 87.024(b)).

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more (or political subdivisions contracting with a county with a population of 100,000 or more), the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. (Sec. 127.1232). See Tex. Sec’y of State Election Advisory No. 2022-10.

NOTE: If ballots are to be delivered before election day, the early voting clerk must post Notice of Delivery (PDF) at least 24 hours before each delivery at the main early voting polling place. (Secs. 87.021, 87.022).

NOTE: Manual Examination of Ballots Before Processing on Automatic Counting Equipment: The central counting station manager shall direct the manual examination of all electronic voting system ballots to ascertain whether the ballots can be processed in the usual manner or if the ballots need to be duplicated to clearly reflect the voter’s intent. (Sec. 127.125).

NOTE: Testing of Tabulating Equipment: The second test of automatic tabulating equipment used for counting ballots at a central counting station must be conducted immediately before the counting of ballots with equipment begins. The third test must be conducted immediately after the counting is completed. (Secs. 127.093, 127.097, 127.098).

NOTE: Precinct Election Returns: Precinct election returns are delivered to the appropriate authorities immediately after completion. (Sec. 66.053(a)).

Transfer of Provisional Ballots to Voter Registrar Election Night: The county voter registrar may take possession of the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used) on election night (instead of on the next business day) by informing the custodian of election records and posting a notice of such election night transfer no later than 24 hours before election day. Under this type of delivery, the voter registrar must go to the office of the custodian and pick up the ballot box(es) or transfer case(s) and associated forms. (Sec. 65.052; 1 T.A.C. §§ 81.172 – 81.174, 81.176). See Verification of Provisional Ballots and Serial Numbers (PDF).

Counties, Cities, and School Districts: Section 65.016 of the Code provides for election results information which must be posted on county, city, and school district websites. A county that provides election services for an election for a public entity must post certain information regarding election results on their website after the election. A city or independent school district that holds an election and maintains an Internet website must also post certain information on their website related to election results, even if the county is also posting. All entities must post the required information as soon as practicable after the election. The required information includes:

  1. the results of each election;
  2. the total number of votes cast;
  3. the total number of votes cast for each candidate or for or against each measure;
  4. the total number of votes cast by personal appearance on election day;
  5. the total number of votes cast by personal appearance or mail during the early voting period; and
  6. the total number of counted and uncounted provisional ballots cast. (Sec. 65.016).

We recommend that election results information remain posted on the county’s main page (or within two clicks of the main page) at least until the next election, and that the information continues to be available for the full 22-month retention period for election records. Counties may choose to make older election results information available on their website. See Note 3.

Counties with a Population of 250,000 or more: Per Section 127.009 of the Election Code, counties with a population of 250,000 or more must forward a copy of the audit logs from the central counting station to the Secretary of State no later than the fifth day after voting is completed. The information may be forwarded to the Secretary of State by email, use of a thumb drive, or by mail.

Wednesday, November 6, 2024 (1st day after Election Day)

5:00 p.m. – Deadline to receive “late domestic ballots” mailed within the United States from non- military voters and from any military voters who submitted an Application for Ballot by Mail (“ABBM”) (not a Federal Postcard Application – “FPCA”), if the carrier envelope was placed for delivery by mail or common or contract carrier AND bears a cancellation mark of a postal service or a receipt mark of a common or contract carrier or a courier indicating a time not later than 7:00 p.m. at the location of the election on election day, November 5, 2024. (Secs. 86.007, 101.057, 101.001). A late domestic ballot cannot be counted if it does not bear a cancellation mark or a receipt mark.

NOTE: Because of the deadline to receive “late domestic ballots” it is imperative that you check your mail at 5:00pm!

NOTE: Section 86.007 provides that a marked ballot voted by mail that a voter received due to submitting an ABBM may arrive at the address on the carrier envelope not later than 5:00 p.m. on the day after election day, if the carrier envelope was placed for delivery by mail or common or contract carrier from within the United States and bears a cancellation mark of a postal service or a receipt mark of a common or contract carrier or a courier from not later than 7:00 p.m. at the location of the election on election day.

NOTE: This deadline does not apply to ballots sent by non-military voters who are overseas but applied for a ballot using an ABBM; these voters have until the 5th day after election day to return their ballots (or the next business day if the 5th day falls on a weekend or legal state or federal holiday). This deadline also does not apply to ballots mailed (domestically or from overseas) by certain members of the military who applied for a ballot using an FPCA; those voters have until the 6th day after election day to return their ballots. See entries for Tuesday, November 12, 2024.

Unless the county voter registrar has already taken possession of the provisional ballots prior to this date, the general custodian of election records must deliver the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used), along with the Summary of Provisional Ballots (PDF) and the List of Provisional Voters (PDF) for each precinct to the voter registrar by this day. The general custodian of election records makes this delivery to the voter registrar during the voter registrar office’s regular business hours. (Secs. 65.052, 65.053; 1 T.A.C. §§ 81.172 – 81.174, 81.176).

Note for Political Subdivisions Located in More than One County: A political subdivision will have to make delivery of the provisional ballots and forms to the county voter registrar in each county in which the political subdivision is located. (1 T.A.C. §§ 81.172 – 81.174).

NOTE: If the county voter registrar wants to take possession of the provisional ballots and forms on election night (Tuesday, November 5, 2024), the county voter registrar must inform the custodian of the election records and post a notice of the transfer no later than 24 hours before election day. However, under this type of delivery, the county voter registrar must go to the custodian of election records office and pick up the provisional ballots and forms. Also, note that the county voter registrar may take possession of provisional ballots prior to election night if ballots are kept separate and may be provided without unlawful entry into ballot box. (1 T.A.C. §§ 81.172 – 81.174).

Friday, November 8, 2024 (3rd day after Election Day, 36th day before runoff election day)

Last day to begin the partial manual count for entities using electronic voting systems for the counting of ballots. This is the last day to begin manual recount of ballots in three precincts or one percent of precincts, whichever is greater. (Sec. 127.201(a), (g)). The count must be completed not later than the 21st day after election day. Results of the manual count must be delivered to Secretary of State not later than the 3rd day after the manual count is completed.(Sec. 127.201(e)). No partial manual count needs to be done of ballots cast on DRE voting machines, but the partial manual count must be completed for mail ballots. (Sec. 127.201(g)). For information on how to begin the partial manual count, please see Tex. Sec’y of State Election Advisory No. 2018-30.

The first possible day to conduct official local canvass of returns by the governing authority of the political subdivision. However, the canvass may not be conducted until the ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election, AND the ballot board has finished convening for all late arriving ballots. (Sec. 67.003). See entries for November 6, 2024 and entries for November 12, 2024. Notice of canvass must be posted at least 72 hours continuously before the canvass is conducted.

NOTE: If a recount petition has been filed, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016, 212.0331).

RUNOFF NOTE - A candidate in a runoff election may not withdraw from the election after 5 p.m. of the third day after the date of the final canvass for the main election. (Sec. 145.092).

RUNOFF NOTE - The runoff election can be ordered as soon as the canvass is completed. Therefore, November 8, 2024 is the first date a runoff election can be ordered. Our office recommends that a political subdivision order their runoff election as soon as the election has been canvassed.

NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that on the first day after the final canvass of an election is completed, the general custodian of election records shall make images of voted ballots and cast vote records available for public inspection. See Note 22.

Cities, Schools, and Other Political Subdivisions: First day that newly-elected local officers may qualify and assume the duties of their offices. Please note that the canvass must have been completed before an officer can assume office. (Sec. 67.016). If a political subdivision was able to cancel its election, this is the first day its elected officials can be issued a certificate of election and take the oath of office. (Secs. 2.053(e), 67.003, 67.016). For information on who can administer an oath, please see Chapter 602 of the Government Code or review Tex. Sec’y of State Election Advisory No. 2017-10.

NOTE: This does not apply to officers of a Type A general law city, see entry at Monday, November 11, 2024.

Monday, November 11, 2024 (6th day after Election Day, 33rd day before Runoff Election Day) (Veterans Day)

First day that newly-elected officers of Type A general law city may qualify and assume duties of office (per Sec. 22.006, Local Government Code), but see NOTE, below.

NOTE: Council members may take office anytime following the canvass. Section 22.006 of the Texas Local Government Code states that a newly-elected municipal officer of a Type A city mayexercise the duties of office beginning the fifth day after the date of the election, excluding Sundays. However, no newly elected official may qualify for office before the official canvass of the election has been conducted (or would have been conducted, in the event of a cancelled election). Section 22.036 of the Texas Local Government Code further requires that the newly- elected governing body of the municipality “meet at the usual meeting place and shall be installed.”

NOTE: If a recount petition has been filed, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016, 212.0331).

NOTE: If a municipal officer-elect fails to qualify for office within 30 days after the date of the officer’s election, the office is considered vacant. (Sec. 22.007, Local Government Code). See December 5, 2024 entry.

Tuesday, November 12, 2024 (7th day after Election Day)

NOTE - Last day a voter may come to the early voting clerk’s office in person to correct certain defects on their carrier envelope. (Secs. 87.0271, 87.0411). See Note 17.

Deadline for provisional voter to (1) present acceptable photo identification to county voter registrar; or
(2) if the voter does not possess and cannot reasonably obtain acceptable photo identification, follow the Reasonable Impediment Declaration procedure at the county voter registrar; or (3) execute an affidavit relative to “natural disaster” or “religious objection” in presence of county voter registrar, if applicable; or (4) qualify for the disability exemption, if applicable, with the county voter registrar. (Secs. 65.054, 65.0541).

Last day to receive ballots from non-military and any military voters casting ballots from outside of the United States, who submitted an ABBM, AND who placed their ballots in delivery by 7:00 p.m. on election day, Tuesday, November 5, 2024, as evidenced by a postal service cancellation mark or a receipt mark of a common or contract carrier or a courier (Secs. 86.007, 101.057, 101.001). A late overseas ballot sent by a voter who applied for a ballot using an ABBM (not an FPCA) cannot be counted if it does not bear a cancellation mark or a receipt mark.*

NOTE - Section 86.007 provides that a marked ballot voted by mail from outside of the United States by a voter who received the ballot due to submitting an ABBM is considered timely if it is received at the address on the carrier envelope not later than the fifth day after the date of the election. Further, the delivery is considered timely if the carrier envelope or, if applicable, the envelope containing the carrier envelope is properly addressed with postage or handling charges prepaid and bears a cancellation mark of a recognized postal service or a receipt mark of a common or contract carrier or a courier indicating a time by 7:00 p.m. on election day.

Last day to receive ballots from non-military voters casting ballots from overseas, who submitted an FPCA, AND who placed their ballots in delivery by 7:00 p.m. on election day, Tuesday, November 5, 2024. (Sec. 86.007(d), (e)).* A late overseas ballot sent by a non-military voter who submitted an FPCA cannot be counted if it does not bear a cancellation mark or a receipt mark.

Last day to receive carrier envelopes mailed domestically (within the United States) OR overseas from voters who submitted an FPCA AND who are members of the armed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine, members of the Texas National Guard, or the spouse or a dependent of a member of the Texas National Guard, a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves, or the spouse or a dependent of a member of the Reserves. (Secs. 101.057, 101.001).

NOTE - Section 101.057 provides that carrier envelopes mailed domestically or overseas from certain military voters (members of the armed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine, members of the Texas National Guard, or the spouse or a dependent of a member of the Texas National Guard, a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves, or the spouse or a dependent of a member of the Reserves) who submitted a Federal Post Card Application (FPCA) may arrive on or before the 6th day after election day. (Secs. 86.007, 101.057, 101.001).

NOTE: The carrier envelope or, if applicable, the envelope containing the carrier envelope sent by the military members listed above who applied to vote by mail using the FPCA does NOT need to bear a cancellation or receipt mark in order to be counted.

*The deadlines referenced above are extended to the next regular business day which is Tuesday, November 12, 2024 due to the 5th day falling on a Sunday, and Monday being a federal holiday (Veterans Day). (Secs. 1.006, 86.007(d-1), 101.057(b)).

Thursday, November 14, 2024 (9th day after Election Day, 30th day before Runoff Election Day)

Last day to register to vote or make a change of address effective for the Saturday, December 14, 2024 election.

NOTE - A voter who submits a change of address after this date may still be eligible to return to his or her previous precinct to vote under “fail-safe” voting, if he or she still resides in the same county and the same local political subdivision, if applicable, conducting the election. If a voter has moved to a new county, then a voter can vote a limited ballot. Voting by a limited ballot is only available during the early voting period and only at the main early voting polling place (or by mail). (Secs. 15.025, 63.0011, 112.002).

NOTE - First day of period during which notice of elections must be published if a runoff election has been ordered, in a newspaper of general circulation if method of giving notice is not specified by a law outside the Texas Election Code, and this method of giving notice is selected. The notice for elections ordered by a county authority or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(a)(1), (c), (d)). This notice may be combined with the other notices that are required to be published. The election notice shall be posted on the political subdivision’s website.

NOTE - While this is the first date that notice of an election can be published in a newspaper of general circulation in the territory under Section 4.003(a)(1), an entity cannot publish notice until the election is ordered.

Cities, Schools, and Other Political Subdivisions: It is strongly recommended that the Notice of Voting Order Priority (PDF) for voters with mobility issues also be posted on the subdivision’s website, if one is maintained by the political subdivision. (Secs. 63.0015, 85.007(d)). For more information on this requirement, see Note 15.

Counties: The recommended time to include this notice on a county website is when the notice of election is also posted on the website. (Secs. 63.0015, 85.007(d)).

NOTE - Notice of Previous Polling Place: If a different polling place is being used than at the previous election held by the same authority, Notice of Change to Polling Place (PDF) must be posted at the entrance of the previous polling place informing voters of the current polling place location, if possible. (Sec. 43.062).

NOTE - A Federal Postcard Application (FPCA) also serves as an application for permanent registration under Texas law unless the voter marked “my intent to return is uncertain” (2019 form(PDF)), or “my return is uncertain” (2017 form). The early voting clerk should make a copy (for mailing ballots, keeping records, etc.), then should forward the original to the county voter registrar, as soon as practicable. (Sec. 101.055; 1 T.A.C. § 81.40(a), (c)(2)).

Recommended last day for early voting clerk to order supplemental and registration correction lists, if applicable, or order revised original list of registered voters from the voter registrar for early voting by personal appearance. (Secs. 18.001, 18.002, 18.003, 18.004).

NOTE - Per Sections 18.002 and 18.003 of the Code, supplemental and corrected voter registration lists must be provided as needed to ensure all eligible voters appear on the official list of registered voters. (Secs. 18.002, 18.003).

Friday, November 15, 2024 (10th day after Election Day, 29th day before Runoff Election Day)

Deadline for voter registrar to complete the review of provisional ballots. (Sec. 65.052; 1 T.A.C. §§ 81.172 – 81.175).

The presiding judge of the early voting ballot board shall mail a Notice of Rejected Ballot (PDF) to voters whose mail ballots were rejected no later than the 10th day after election day or as soon as practicable, depending on when the early voting ballot board last convenes. (Sec. 87.0431).

Saturday, November 16, 2024 (11th day after Election Day, 28th day before Runoff Election Day)

Last day to post notice of governing authority’s meeting to canvass returns of election if canvass is to take place on Tuesday, November 19, 2024 (14th day after election). This notice must be posted at least 72 hours before the scheduled time of the meeting. (Secs. 551.002, 551.041, 551.043, Texas Government Code).

Monday, November 18, 2024 (13th day after Election Day, 26th day before Runoff Election Day)

Deadline for custodian of election records or presiding judge of the early voting ballot board to retrieve provisional ballots from county voter registrar. (1 T.A.C. §§ 81.172 – 81.176).

Last day for early voting ballot board to convene to qualify and count:

  1. any late domestic ballots (non-military) that bear a cancellation mark or receipt mark indicating they were placed for delivery by mail or common or contract carrier not later than 7:00 p.m. on election day, November 5, 2024, and were received not later than 5:00 p.m. on the first day after election day, on Wednesday, November 6, 2024. (Secs. 86.007(a), 87.125(a)).
  2. any late ballots that were submitted from outside the United States by voters who applied for the ballot using an ABBM or by non-military voters who applied for the ballot using an FPCA, and which were received by the 5th day after election day, Tuesday, November 12, 2024. (Secs. 1.006, 86.007(d), 86.007(d-1), 87.125(a), 101.057(b)).
  3. any ballots received by the 6th day after election day, Tuesday, November 12, 2024, from voters who are members of the armed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine, members of the Texas National Guard, or the spouse or a dependent of a member of the Texas National Guard, a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves, or the spouse or a dependent of a member of the Reserves, and who applied for a ballot using an FPCA. (Secs. 101.057, 87.125(a)).
  4. any provisional ballots that have been reviewed by the voter registrar. (Sec. 65.051(a)).
  5. ballots contained in defective carrier envelopes corrected by voters. (Sec. 86.011(d)).

NOTE: The deadlines referenced in 2-3 above are extended to the next regular business day which is Tuesday, November 12, 2024 due to the 5th day falling on a Sunday, and Monday being a federal holiday (Veterans Day). (Secs. 1.006, 86.007(d-1), 101.057(b)).

NOTE: Ballots that do not qualify under 1-3 above should be treated as ballots not timely returned and should not be delivered to the ballot board.

NOTE - Section 65.0581 provides that provisional voting records do not become public information until after the provisional ballots and other voting records have been delivered back to the custodian of election records. (Sec. 65.0581).

NOTE: The presiding judge of the early voting ballot board shall mail a Notice of Rejected Ballot (PDF) to voters whose mail ballots were rejected no later than the 10th day after election day or as soon as practicable, depending on when the early voting ballot board last convenes. (Sec. 87.0431).

NOTE: If the early voting ballot board needs to meet after this date, it will require a court order to do so.

The time the board reconvenes is set by the presiding judge of the early voting ballot board. (Secs. 86.007(d), 87.125).

NOTE - The presiding judge of the central counting station to provide and attest to a written reconciliation (PDF) of votes and voters at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots. (Sec. 127.131). See Note 18 on Reconciliation.

Tuesday, November 19, 2024 (14th day after Election Day, 25th day before Runoff Election Day)

Last day for official canvass of returns by governing authority of political subdivision. (Sec. 67.003).

Our office recommends that once you have the canvass finalized, your entity should immediately order your runoff election if necessary, finalize your ballot preparation, and program your equipment as soon as possible. The runoff election must be ordered no later than the fifth day after the final canvass. (Sec. 2.024).

A candidate in a runoff election may not submit a Certificate of Withdrawal (PDF) from the election after 5 p.m. of the third day after the date of the final canvass for the main election. (Sec. 145.092).

RUNOFF NOTE - If your local political subdivision has started receiving ballots by mail for the December 14, 2024 runoff election, the early voting ballot board may convene.

NOTE - If a recount petition has been filed and a winning candidate’s race is involved in the recount, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016, 212.0331).

NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that on the first day after the final canvass of an election is completed, the general custodian of election records shall make images of voted ballots and cast vote records available for public inspection. See Note 22 and Tex. Sec’y of State Election Advisory No. 2024-05.

Wednesday, November 20, 2024 (15th day after Election Day, 24th day before Runoff Election Day)

Election records from the November 5, 2024 election must be available in an electronic format no later than this day, for a fee of not more than $50.00. (Sec. 1.012(e)).

NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that on the first day after the final canvass of an election is completed, the general custodian of election records shall make images of voted ballots and cast vote records available for public inspection. See Note 22 and Tex. Sec’y of State Election Advisory No. 2024-05.

Saturday, November 23, 2024 (18th day after Election Day, 21st day before Runoff Election Day)

First day that the Governor may conduct the state canvass of the November General Election for state and county officers. (Sec. 67.012).

Last day to post notice of election on bulletin board used for posting notices of meetings of governing body. (Sec. 4.003(b)). A Record of Posting Notice of Election (PDF) should be completed at the time of posting. (Sec. 4.005). See Note on Notice of Elections.

RUNOFF NOTE - Period during which notice of elections must be published if a runoff election has been ordered, in a newspaper of general circulation if method of giving notice is not specified by a law outside the Texas Election Code, and this method of giving notice is selected. The notice for elections ordered by a county authority or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(a)(1), (c), (d)). This notice may be combined with the other notices that are required to be published. The election notice shall be posted on the political subdivision’s website.

All Political Subdivisions: The election notice shall be posted on the political subdivision’s website, if the political subdivision maintains a website. The order and notice should include all days and hours for early voting by personal appearance including voting on ANY Saturday or Sunday. (Secs. 85.006, 85.007).

The recommended time to include the notice of accepting voters with certain disabilities on a county website is when the notice of election is also posted on the website. (Secs. 63.0013, 85.007(d)). See Note 15 regarding notice on accepting voters with certain disabilities.

Counties, Cities, and School Districts: Last day for a county that holds an election or provides election services for an election to post certain information regarding the upcoming election(s) on the county’s website per Section 4.009. A city or independent school district that holds an election and maintains an Internet website must also post this same election information on their website even if the county is also posting this data. The information posted on the website must include:

  1. the date of the election;
  2. the location of each polling place;
  3. each candidate for an elected office on the ballot; and
  4. each measure on the ballot. (Sec. 4.009)

Sunday, November 24, 2024 (19th day after Election Day, 20th day before Runoff Election Day)

NOTE - First day that the signature verification committee, if one is appointed, may begin operating. (Sec. 87.027). If your local political subdivision has not created a signature verification committee, please see below about early voting ballot board. For more information on corrective action, see Note 17 and Tex. Sec’y of State Election Advisory No. 2023-13.

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more, the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. The livestream requirement under Section 127.1232 does not apply to a local entity conducting an election on its own, even if the local entity is wholly or partly located in a county with a population of 100,000 or more. (Sec. 127.1232). See Tex. Sec’y of State Election Advisory No. 2022-10.

Monday, November 25, 2024 (20th day after Election Day, 19th day before Runoff Election Day)

RUNOFF NOTE - The law provides that, if the canvass was on the last possible day of Tuesday, November 19, 2024, the deadline to order the runoff election is Monday, November 25, 2024. (Sec. 2.024). However, for practical reasons, our office recommends ordering the runoff election immediately after canvassing the November 5, 2024 election. Note 23 above.

Deadline for a person who is not permanently registered to vote, to submit a postmarked FPCA, in order to receive a ballot for any non-federal election held on December 14, 2024. A person submitting who is not permanently registered to vote and submits a postmarked FPCA after this date (20th day) and before the deadline to submit an application for ballot by mail, is not entitled to receive a ballot for any non- federal election. See Friday, November 29, 2024 entry for timeliness of an FPCA received without a postmark (extended deadline). (Sec. 101.052(e)).

Tuesday, November 26, 2024 (21st day after Election Day, 18th day before Runoff Election Day)

Last day to complete the partial manual count. (Sec. 127.201(a)).

Thursday, November 28, 2024 (23rd day after Election Day, 16th day before Runoff Election Day) (Thanksgiving Day)

Friday, November 29, 2024 (24th day after Election Day, 15th day before Runoff Election Day) (Day after Thanksgiving Day)

RUNOFF NOTE - Due to the short timeframe between the November 5, 2024 election and the December 14, 2024 runoff election, this is the last day that the notice of an election can be posted on the local political subdivision’s website. (Secs. 2.026, 4.003).

RUNOFF NOTE - Last business day to conduct the public Logic and Accuracy testing before early voting as the first test shall be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in the election.

RUNOFF NOTE - While this is the last business day to conduct the public Logic and Accuracy test, our office highly recommends that the test be conducted as early as possible. (Sec. 127.093).

Deadline to receive an FPCA without a postmark. If an FPCA is received by this date without a postmark to prove mailing date, the early voting clerk will accept the FPCA and mail the applicant a full ballot even if the applicant is not a permanently registered voter but meets the requirements under Title 2 of the Election Code (unless the voter marks the FPCA form “my intent to return is uncertain” (2019 form(PDF)), or “my return is uncertain (2017 form), in which case the voter receives a federal-only ballot). (Sec.101.052(i)(1)). In a local election (where there is no federal office on the ballot), this means there is no ballot to send the voter.

Last day to notify election judges of duty to hold election (Writ of Election (PDF)). Notice must be given by the 15th day before the election or the 7th day after the day the election is ordered, whichever is later. The Writ of Election must be given to each presiding judge and include:

  1. The judge’s duty to hold the election;
  2. The type and date of election;
  3. The polling place location at which the judge will serve;
  4. The polling place hours; and
  5. The maximum number of clerks the judge may appoint. (Sec. 4.007).

December

Runoff Election Early Voting Dates: Monday, December 2, 2024 – Tuesday, December 10, 2024

Monday, December 2, 2024 (27th day after Election Day; 13th day after last canvass, 12th day before Runoff Election Day)

Last day for the presiding judge of the early voting ballot board to mail Notice of Outcome to Provisional Voter (PDF) to provisional voters, if the canvass was held on Tuesday, November 19, 2024. Such notices must be delivered to provisional voters by the presiding judge no later than the 10th day after the local canvass. (Sec. 65.059; 1 T.A.C. § 81.176(e)).

NOTE: The deadline referenced above is extended to the next regular business day which is Monday, December 2, 2024 due to the 10th day falling on the Friday after Thanksgiving Day, a legal holiday. (Sec. 1.006).

First day to vote early in person. (Secs. 2.025(e), 85.001(a), (c)).

RUNOFF NOTE - The early voting period for a runoff election begins 17 days prior to election day, but because this day falls on a day in which it is not possible to begin early voting by personal appearance (Wednesday, November 27, 2024), it is extended to the next regular business day (Monday, December 2, 2024) under Section 85.001(c). (Sec. 2.025).

RUNOFF NOTE - Section 61.002 provides that immediately before the opening of the polls during early voting, the presiding judge or alternate judge shall confirm that the public counters on each voting machine are set to zero and shall print the tape that shows that there are zero votes for each candidate or measure on the ballot.

RUNOFF NOTE - Voting by limited ballot must be done during the early voting period at the main early voting polling place (or by mail). (Sec. 112.002(a)).

RUNOFF NOTE - Early voting in person must be conducted at least nine (9) hours each weekday that is not a legal state holiday unless the political subdivision has fewer than 1,000 registered voters, in which case early voting in person must be conducted at least four (4) hours per day. (Sec. 85.005(b)). This rule only applies to the main early voting location. See Tex. Sec’y of State Election Advisory No. 2023-10.

RUNOFF NOTE - Cities are not required to choose two weekdays for the main early voting polling place location to be open for at least 12 hours during the regular early voting period. (Sec. 85.005).

RUNOFF NOTE - Independent School Districts: Despite the change in state law that allows an ISD to be closed on school holidays during the mandatory office hours period, you are required to be open during the entire early voting period, except on legal state and national holidays. (Sec. 85.005(b)).

RUNOFF NOTE - Joint Elections: If entities are conducting early voting by personal appearance jointly, we recommend a unified schedule covering all requirements; i.e., no entity’s requirements should be neglected or subtracted as a result of a joint agreement.

First day a voter who becomes sick or disabled on or after Monday, December 2, 2024 may submit an application for a late ballot if the sickness or physical condition prevents the voter from appearing at the polling place without the likelihood of needing personal assistance or of injuring his or her health. (Sec. 102.001). See Application for Emergency Early Voting Ballot Due to Sickness or Physical Disability (PDF). Applications may continue to be submitted until 5:00 p.m. on election day. (Sec. 102.003).

Tuesday, December 3, 2024 (28th day after Election Day, 11th day before Runoff Election Day)

Last day to receive an (FPCA)(PDF) from a registered voter. If the voter is not registered in the county (and/or marked intent to return “not certain”), the voter is still eligible for a ballot containing federal offices only. In a local (non-federal) election, this means there is no ballot to send the voter. (Secs. 101.052(b), (f), 114.004(c)).

RUNOFF NOTE - An FPCA may be submitted by in-person delivery by the voter in accordance with Section 84.008 of the Code or by common or contract carrier. Further, an application is considered submitted in the following calendar year if: 1) the applicant is eligible to vote in an election occurring in January or February of the next calendar year; and 2) the application is submitted in the last 60 days of a calendar year but not earlier than the 60th day before the date of the January or February election. (Sec. 101.052).

RUNOFF NOTE - A member of the Texas National Guard or the National Guard of another state or a member of a reserve component of the armed forces of the United States serving on active duty under an order of the President of the United States or activated on state orders, or the spouse or dependent of a member, may submit an FPCA. (Sec. 101.001). For a full list of eligible FPCA voters, see Note 16.

Last day for early voting clerk to receive applications for a ballot to be voted by mail. (Sec. 84.007(c)). All applications to vote by mail must be received by the early voting clerk before the close of regular business or 12 noon, whichever is later. Applications to vote by mail must be submitted by mail, common or contract carrier, fax (if a fax machine is available in the office of the early voting clerk), or by electronic submission of a scanned application with an original signature. The early voting clerk’s designated email address must be posted on the Secretary of State’s website.

An applicant for a ballot to be voted by mail (ABBM or FPCA) may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the close of regular business in the clerk’s office on Tuesday, December 3, 2024. (Sec. 84.008).

RUNOFF NOTE - Section 84.008 of the Code provides that an applicant for a ballot to be voted by mail may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the deadline provided by Section 84.007(c) of the Code. This means that voters may personally deliver their ABBM or FPCA to the early voting clerk not later than the close of regular business in the early voting clerk’s office or 12 noon, whichever is later, on the 11th day before election day (unless that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the first preceding regular business day).

If an ABBM is faxed or emailed or if an FPCA is faxed, then the applicant must submit the ORIGINAL application BY MAIL to the early voting clerk so that the early voting clerk receives the original no later than the 4th business day after receiving the emailed or faxed ABBM or faxed FPCA. If the early voting clerk does not receive the original ABBM or FPCA by that deadline, then the emailed or faxed ABBM or faxed FPCA will be considered incomplete, and the early voting clerk may NOT send the applicant a ballot. The early voting clerk should retain a copy of the FPCA for their own records, but should send the FPCA submitted by the voter to the voter registrar for registration purposes. (Sec. 84.007). The requirement to mail the original application does not apply to an emailed FPCA.

RUNOFF NOTE - NEW LAW: SB 1599 (2023, R.S.) amended Section 86.008 of the Code, effective September 1, 2023, to require that if the early voting clerk determines that it would not be possible for the applicant to correct certain defects in a mail ballot application and return an application form by mail before the deadline, the clerk may notify the applicant by telephone or e-mail of the defect, and inform the applicant that the applicant may come to the early voting clerk’s office before the deadline and correct the defect in person. The clerk shall notify the applicant of a defect discovered and provide the information required to permit the applicant to correct the defect using the Secretary of State’s online Ballot by Mail Tracker, if possible. For more information on corrective action, see Note 17 and Tex. Sec’y of State Election Advisory No. 2023-13.

Runoff Note for Counties: Last day for county clerk/elections administrator to deliver final list of voters that have submitted an annual application for ballot by mail to political subdivisions located within the county holding an election on December 14, 2024 for which the county clerk/elections administrator is not the early voting clerk via a joint election agreement or contract for election services. (Sec. 86.0015(c)).

Wednesday, December 4, 2024 (29th day after Election Day, 10th day before Runoff Election Day)

Last day of period during which notice of election must be published if method of giving notice is not specified by a law outside the Election Code and publication is the selected method of giving notice. (Sec. 4.003(a)(1)). The notice for elections ordered by the governor, a county authority, or by an authority of a city or school district must be given by publication in a newspaper in addition to any other method specified by a law outside the Election Code. (Sec. 4.003(a)(1), (c), (d)).RUNOFF NOTE - A local political subdivision can post their notice of election as soon as the election has been ordered.

RUNOFF NOTE - The election notice shall be posted on the political subdivision’s website, if the political subdivision maintains a website.

Last day to mail a copy of the notice of election to each registered voter of the territory that is covered by the election and is in the jurisdiction of the authority responsible for giving the notice if method of giving notice is not specified by a law outside the Election Code and this method of giving notice is selected. (Secs. 1.006, 4.003(a)(3)).

RUNOFF NOTE - The recommended time to include the notice of accepting voters with certain disabilities on a political subdivision’s website is when the notice of election is also posted on the website. (Secs. 63.0015, 85.007(d)).

Thursday, December 5, 2024 (30th day after Election Day, 9th day before Runoff Election Day)

Last day to file electronic precinct-by-precinct returns with the Secretary of State. (Sec. 67.017).

NOTE - Local political subdivisions no longer have to submit this information to the Secretary of State.

If a Type A municipal officer-elect fails to qualify for office within 30 days after the date of the officer’s election, the office is considered vacant. (Sec. 22.007, Local Government Code).

Last day for the general custodian of election records to electronically submit to the Secretary of State the record of each voter participating in the election. (Sec. 18.069).

RUNOFF NOTE - NEW LAW: SB 1599 (2023, R.S.) amended Section 87.0222 of the Code, effective September 1, 2023, to provide that not later than the ninth day before election day, the jacket envelopes containing early voting ballots voted by mail MUST be delivered to the early voting ballot board. This requirement applies regardless of the county’s population size. Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots to the early voting ballot board may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge. The early voting clerk shall post notice of each delivery of balloting materials that is to be made before the time for opening the polls on election day. The notice must be posted at the main early voting polling place continuously for at least 24 hours immediately preceding the delivery.

Please note that the mail ballots may not be counted until (i) the polls open on election day; or (ii) in an election conducted by an authority of a county with a population of 100,000 or more or entities that are having joint elections with such a county or who are conducting their election with such a county through a contract for election services, the end of the period for early voting in person. (Secs. 87.0222, 87.0241). NOTE: Results may not be released until the polls close on election day.

RUNOFF NOTE - The early voting ballot board must meet by this deadline, regardless of whether carrier envelopes have been received by this date.

RUNOFF NOTE - The early voting ballot board can meet as soon as the county has received voted ballots by mail from voters and those materials are delivered to the ballot board. The ballot board does not have to wait until this ninth-day deadline to meet.

RUNOFF NOTE - The county clerk/elections administrator must ensure that photocopies or electronic recordings of annual applications for ballot by mail have been delivered to the early voting clerk of every political subdivision holding an election before the ballots by mail are delivered to the early voting ballot board.

RUNOFF NOTE - Section 127.1232 provides that for local political subdivisions that are contracting with counties that have a population of 100,000 or more and whose contract designates the county as the general custodian of election records, the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. The livestream requirement under Section 127.1232 does not apply to a local entity conducting an election on its own, even if the local entity is wholly or partly located in a county with a population of 100,000 or more. (Sec. 127.1232). See Tex. Sec’y of State Election Advisory No. 2022-10.

Monday, December 9, 2024 (34th day after Election Day, 5th day before Runoff Election Day)

Last day for the Governor to conduct the state canvass for the November General Election for state and county officers. Since the actual deadline (the 33rd day) falls on a Sunday, the deadline is moved to the next business day. (Secs. 1.006, 67.012).

A voter is eligible to vote a late ballot if they will be out of the county of residence on election day due to a death in the immediate family (related within 2nd degree of consanguinity or affinity) that occurs on or after this day. The voter may submit the Application for Emergency Early Ballot Due to Death in Family (PDF) starting Wednesday, December 11, 2024 (the day after early voting in person ends). (Secs. 103.001, 103.003(b)). An application may be submitted after the last day of the period for early voting by personal appearance and before the close of business on the day before election day. (Sec. 103.003).

Tuesday, December 10, 2024 (35th day after Election Day, 4th day before Runoff Election Day) Last day to vote early by personal appearance. (Sec. 85.001(a)).

Early voting clerk must post Notice of Delivery of Early Voting Balloting Materials (PDF) to the early voting ballot board if materials are to be delivered to the board on Wednesday, December 11, 2024. Notice must be posted continuously for 24 hours preceding each delivery to the board. (Secs. 87.0221, 87.0222, 87.023, 87.024, 87.0241).

Deadline to submit a Request for Election Inspectors (PDF) for election day, Saturday, December 14, 2024 to the Secretary of State. (Sec. 34.001).

Entities Contracting with Counties that have a Population of 100,000 or More:

After the polls close at the end of early voting by personal appearance, counties with a population of 100,000 or more (or local subdivisions conducting a joint election with such a county or conducting an election through a contract for election services with such a county) may convene their early voting ballot board and begin counting ballots; however, the results may not be announced until after the polls close. (Secs. 87.0222, 87.0241).

RUNOFF NOTE - If a county with a population of 100,000 or more (or a local subdivision conducting a joint election with such a county or conducting an election through a contract for election services with such a county) is convening their early voting ballot board early to begin counting ballots, the test of the tabulation equipment will need to be completed at least 48 hours before the equipment is used to count ballots. (Secs. 87.0222, 87.0241, 127.096).

Entities Contracting with Counties that have a Population of Less than 100,000:

Counties may begin convening their early voting ballot board as the county has received voted ballots by mail from voters and those materials are delivered to the ballot board, but cannot begin counting the ballots until the polls open on election day. The early voting clerk shall continuously post notice for 24 hours preceding each delivery of voting materials that is to be made before the time for opening the polls on election day. (Secs. 87.0221, 87.023, 87.024, 87.0241). See Notice of Delivery of Early Voting Balloting Materials (PDF).

RUNOFF NOTE - The county elections officer must ensure that photocopies or electronic recordings of annual applications for ballot by mail have been delivered to the early voting clerk of every political subdivision holding an election before the ballots by mail are delivered to the early voting ballot board.

RUNOFF NOTE - NEW LAW - Early Voting Ballot Board Actions for a Defective Carrier Envelope: SB 1599 (2023, R.S.) amended Section 87.0411 of the Code, effective September 1, 2023, to provide that not later than the second day after the early voting ballot board discovers a defect(s) in a carrier envelope as described by Section 87.0411(a) of the Code and before the board decides whether to accept or reject a timely delivered ballot under Section 87.041, the board must send the voter a notice of the defect and a corrective action form developed under Section 87.0411(c-1) by mail or by common or contract carrier. The early voting ballot board must include with the notice delivered to the voter: (1) a brief explanation of each defect in the noncomplying ballot; and (2) notice that the voter may either cancel the voter’s application to vote by mail in the manner described by Section 84.032, correct the defect in the voter’s ballot by submitting a corrective action form by mail or by common or contract carrier, make the correction using the Secretary of State’s online Ballot by Mail Tracker, if possible, or come to the early voting clerk’s office in person not later than the sixth day after election day to correct the defect(s). For more information on corrective action, see Note 17 and Tex. Sec’y of State Election Advisory No. 2023-13.

RUNOFF NOTE - Section 127.1232 provides that for local political subdivisions that are contracting with counties that have a population of 100,000 or more and whose contract designates the county as the general custodian of election records, the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. The livestream requirement under Section 127.1232 does not apply to a local entity conducting an election on its own, even if the local entity is wholly or partly located in a county with a population of 100,000 or more. (Sec. 127.1232). See Tex. Sec’y of State Election Advisory No. 2022-10.

Wednesday, December 11, 2024 (3rd day before Runoff Election Day; day after early voting in person ends)

Last day to conduct public test of automatic tabulation equipment. Per Section 127.093, the test shall be conducted at least 48 hours before the automatic tabulating equipment is used to count ballots voted in an election and was not previously tested. We highly recommend that this test is done on an earlier date to allow time for corrections to programming, if necessary. (See Note 14, above).

Friday, December 13, 2024 (day before Runoff Election Day)

Last day to submit an Application for Emergency Early Ballot Due to Death in Family (PDF). The application must be submitted by the close of business on this day. (Sec. 103.003(b)).

Last day for early voting clerk to mark the precinct list of registered voters with a notation beside each name of voter who voted early, and deliver list to election judges. The early voting clerk must also deliver the precinct early voting list. (Sec. 87.122). This may be delivered electronically if your county is using an electronic pollbook.

Delivery of Provisional Ballots and Forms: If the voter registrar wants to take possession of the provisional ballots and forms on election night, the voter registrar must inform the custodian of the election records and post a Notice of Election Night Transfer (PDF) no later than Friday, December 13, 2024, 24 hours before election day. (1 T.A.C. § 81.174(d)(3)). However, under this type of delivery, the county voter registrar must go to the custodian of election records office and pick up the provisional ballots and forms.

RUNOFF NOTE - The general custodian of election records (or the early voting clerk, if applicable) must post a Notice of Delivery of Provisional Ballots (PDF) at least 24 hours before delivery will occur. (1 T.A.C. § 81.174(b)(1)).

Saturday, December 14, 2024 (Runoff Election Day)

7:00 a.m. – 7:00 p.m.

Polls open. (Sec. 41.031).

Voter registrar’s office is open. (Sec. 12.004(c)).

Early voting clerk’s office is open for early voting activities. (Sec. 83.011). A voter may deliver a marked ballot by mail to the early voting clerk’s office while the polls are open on election day. The voter must provide an acceptable form of identification under Section 63.0101 upon delivery.  The  identification  procedure  is  the  same  as that used for personal appearance voting. (Secs. 63.0101, 86.006).

5:00 p.m.

Deadline for receiving Application for Emergency Early Voting Ballot Due to Sickness or Physical Disability (PDF) for late ballots to be voted by persons who became sick or disabled on or after Monday, December 2, 2024. (Sec. 102.003(b)).

7:00 p.m.

Regular deadline for receiving early voting ballots by mail. BUT see entryfor Monday, December 16, 2024 on “late domestic ballots,” and entry for Thursday, December 19, 2024 and entry for Friday, December 20, 2024 on other “late” ballots.

This is also the deadline to receive late ballots cast by voters who became sick or disabled on or after Monday, December 2, 2024. (Secs. 86.007(a), 102.006(c)).

RUNOFF NOTE - Section 61.002 provides that immediately before the opening of the polls on election day, the presiding judge or alternate judge shall confirm that the public counters on each voting machine are set to zero and shall print the tape that shows that there are zero votes for each candidate or measure on the ballot. Immediately after the closing of the polls on election day, the presiding judge or alternate judge shall print the tape to show the number of votes cast for each candidate or measure. Each election judge and alternate judge shall sign the printed tapes. (Sec. 61.002).

RUNOFF NOTE - The presiding judge of the central counting station must provide and attest to a written reconciliation (PDF) of votes and voters at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots. (Sec. 127.131). Preliminary Election Reconciliation (PDF) – Unofficial Totals form (Election Day)(PDF). Election Reconciliation Form (PDF) – Official Results (Canvass Form). See Note on Reconciliation.

RUNOFF NOTE - Receipt of Mail Ballots: All early voting ballots sent by mail from inside the United States that are received by 7:00 p.m. on election day, December 14, 2024, must be counted on election night. If the carrier envelope does not bear a cancellation mark or a receipt mark, the ballot must arrive before the time the polls are required to close on election day. (Sec. 86.007(a)(1)). If the early voting clerk cannot determine whether a ballot arrived before the deadline, the ballot is considered to have arrived at the time the place at which the carrier envelopes are deposited was last inspected for removal of returned ballots. (Sec. 86.007(b)). The early voting clerk must check the mailbox for early voting mail ballots at least once after the time for regular mail delivery. (Sec. 86.007(b)).

RUNOFF NOTE - An early voting mail ballot that is not received by 7:00 p.m. on election day may not be counted unless the ballot may be counted late, which applies to ballots mailed from outside the United States (Sec. 86.007(d)), late domestic ballots (Sec. 86.007(a)(2)), and ballots from members of the armed forces and merchant marine of the United States, Texas National Guard or the National Guard of another state or members of the Reserves, as well as their spouses and dependents (Sec. 101.057). See entry for Monday, December 16, 2024, entry for Thursday, December 19, 2024, and entry for Friday, December 20, 2024.

RUNOFF NOTE - Delivery of Early Voting by Personal Appearance and Mail Ballots: The early voting clerk delivers the voted ballots, the key to the double-locked ballot box, etc., to the early voting ballot board at the time or times specified by the presiding judge of the early voting ballot board, during the hours the polls are open or as soon after the polls close as practicable. (Secs. 87.021, 87.022). The custodian of the key to the second lock of the double-locked early voting ballot box delivers his or her key to the presiding judge of the early voting ballot board on request of the presiding judge. (Secs. 85.032(d), 87.025). The custodian is the sheriff for county elections; the chief of police or city marshal for city elections; and the constable of the justice precinct in which the political subdivision’s main office is located (or the sheriff, if there is no constable), for other political subdivision elections. (Sec. 66.060). If ballots are to be delivered before election day, the early voting clerk must post notice (PDF) at least 24 hours before each delivery at the main early voting polling place. See Tex. Sec’y of State Election Advisory No. 2022-10.

Runoff Note on Delivery of Early Voting Ballots to Early Voting Ballot Board Before Election Day: Any jacket envelopes of early voting ballots voted by mail returned after delivery of the ballots to the early voting ballot board may be delivered to the presiding judge of the early voting ballot board between the end of the ninth day before election day and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge. Mail ballots may be qualified and processed (signatures verified, carrier envelopes opened, and the secrecy envelope containing the ballot placed in a secure location), but they may not be counted until election day. (Secs. 87.0221, 87.0222, 87.023, 87.024, 87.0241). If ballots are to be delivered before election day, the early voting clerk must post Notice of Delivery of Ballots Voted by Mail (PDF) at least 24 hours before each delivery at the main early voting polling place.

Exception: Entities contracting with counties that have a population of 100,000 or more may begin counting ballots no earlier than the end of the period for early voting by personal appearance; the results may not be released until the polls close on election day. (Secs. 87.0221, 87.0222, 87.023, 87.024, 87.0241(b), 87.042). If ballots are to be delivered before election day, the early voting clerk must post Notice of Delivery of Ballots Voted by Mail (PDF) at least 24 hours before each delivery at the main early voting polling place. (Secs. 87.0221(b), 87.023(b), 87.024(b)).

RUNOFF NOTE - Section 127.1232 provides that for local political subdivisions that are contracting with counties that have a population of 100,000 or more and whose contract designates the county as the general custodian of election records, the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. The livestream requirement under Section 127.1232 does not apply to a local entity conducting an election on its own, even if the local entity is wholly or partly located in a county with a population of 100,000 or more. (Sec. 127.1232). See Tex. Sec’y of State Election Advisory No. 2022-10.

RUNOFF NOTE - Manual Examination of Ballots Before Processing on Automatic Counting Equipment: The central counting station manager shall direct the manual examination of all electronic voting system ballots to ascertain whether the ballots can be processed in the usual manner or if the ballots need to be duplicated to clearly reflect the voter’s intent. (Sec. 127.125).

RUNOFF NOTE - Testing of Tabulating Equipment: The second test of automatic tabulating equipment used for counting ballots at a central counting station must be conducted immediately before the counting of ballots with equipment begins. The third test must be conducted immediately after the counting is completed. (Secs. 127.093, 127.097, 127.098). See Note 14, above

Transfer of Provisional Ballots to Voter Registrar Election Night: The county voter registrar may take possession of the ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used) on election night (instead of on the next business day) by informing the custodian of election records and posting a notice of such election night transfer no later than 24 hours before election day. Under this type of delivery, the voter registrar must go to the office of the custodian and pick up the ballot box(es) or transfer case(s) and associated forms. (Sec. 65.052; 1 T.A.C. §§ 81.172 – 81.174, 81.176). See Verification of Provisional Ballots and Serial Numbers (PDF).

After the polling place is officially closed and the last person has voted, the presiding judge may from time to time make an unofficial announcement of the total number of votes counted for each candidate and/or for or against each proposition in the order that they appear on the ballot. (Sec. 65.015(a)). The announcement shall be made at the entrance to the polling place. (Sec. 65.015(c)).

RUNOFF NOTE - The authority conducting the election may require or prohibit such announcements. (Sec. 65.015(b)). Unofficial election results must be released by the central counting station as soon as they are available after the polls close, but the presiding judge of the central counting station, in cooperation with the county election officer, may choose to withhold the release of vote totals until the last voter has voted. (Sec. 127.1311).

RUNOFF NOTE - Precinct Election Returns: Precinct election returns are delivered to the appropriate authorities after completion. (Secs. 66.053(a), 127.065, 127.066, 127.067).

Last day to post notice of governing authority’s meeting to canvass returns of election if canvass is to take place on Tuesday, December 17, 2024 (3rd day after election). (Sec. 67.003(b)). This notice must be posted at least 72 hours before the scheduled time of the meeting. (Secs. 551.002, 551.041, 551.043, Texas Government Code).

RUNOFF NOTE - Section 67.003 provides that, except as provided by Section 67.003(c), each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority’s presiding officer 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;
  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; or
  4. ballots contained in defective carriers timely corrected by voters.

Counties, Cities, and School Districts: Section 65.016 of the Code provides for election results information which must be posted on county, city, and school district websites. A county that holds an election or provides election services for an election for a public entity must post certain information regarding election results on their website after the election. A city or independent school district that holds an election and maintains an Internet website must also post certain information on their website related to election results, even if the county is also posting. All entities must post the required information as soon as practicable after the election. The required information includes:

  1. the results of each election;
  2. the total number of votes cast;
  3. the total number of votes cast for each candidate or for or against each measure;
  4. the total number of votes cast by personal appearance on election day;
  5. the total number of votes cast by personal appearance or mail during the early voting period; and
  6. the total number of counted and uncounted provisional ballots cast. (Sec. 65.016).

We recommend that election results information remain posted on the entity’s main page (or within two clicks of the main page) at least until the next election, and that the information continues to be available for the full 22-month retention period for election records. Entities may choose to make older election results information available on their website.

Entities contracting with counties that have a population of 250,000 or more: Per Section 127.009 of the Election Code, entities that are contracting or holding elections with counties that have a population of 250,000 or more must forward a copy of the audit logs from the central counting station to the Secretary of State no later than the fifth day after voting is completed. The information may be forwarded to the Secretary of State by email, use of a thumb drive, or by mail.

Sunday, December 15, 2024 (40th day after Election Day)

Last day of the period for mandatory office hours. See entry for Monday, September 16, 2024. (Sec. 31.122).

Monday, December 16, 2024 (1st business day after Runoff Election Day)

5:00 p.m. - Deadline to receive “late domestic ballots” mailed within the United States from non-military voters and from any military voters who submitted an Application for Ballot by Mail (“ABBM”) (not a Federal Post Card Application – “FPCA”), if the carrier envelope was placed for delivery by mail or common or contract carrier AND bears a cancellation mark of a postal service or a receipt mark of a common or contract carrier or a courier indicating a time not later than 7:00 p.m. at the location of the election on election day, December 14, 2024. (Secs. 86.007, 101.057, 101.001). A late domestic ballot cannot be counted if it does not bear a cancellation mark or a receipt mark.

RUNOFF NOTE - Because of the deadline to receive “late domestic ballots,” it is imperative that you check your mail at 5:00 p.m.

RUNOFF NOTE - Section 86.007 provides that a marked ballot voted by mail that a voter received due to submitting an ABBM may arrive at the address on the carrier envelope not later than 5:00 p.m. on the day after election day, if the carrier envelope was placed for delivery by mail or common or contract carrier from within the United States and bears a cancellation mark of a postal service or a receipt mark of a common or contract carrier or a courier from not later than 7:00 p.m. at the location of the election on election day.

RUNOFF NOTE - This deadline does not apply to ballots sent by non-military voters who are overseas but applied for a ballot using an ABBM; these voters have until the 5th day after election day to return their ballots (or the next business day if the 5th day falls on a weekend or legal state or federal holiday). This deadline also does not apply to ballots mailed (domestically or from overseas) by certain members of the military who applied for a ballot using an FPCA, as well as members of the Texas National Guard or the National Guard of another state, or members of the Reserves, as well as their spouses and dependents; those voters have until the 6th day after election day to return their ballots. See entry for Friday, December 20, 2024.

Unless the county voter registrar has already taken possession of the provisional ballots prior to this date, the general custodian of election records must deliver the locked ballot box(es) or transfer case(s) containing the provisional ballots (or provisional ballot affidavits when DRE systems are used), along with the Summary of Provisional Ballots and the List of Provisional Voters for each precinct to the voter registrar by this day. The general custodian of election records makes this delivery to the voter registrar during the voter registrar office’s regular business hours. (Secs. 65.052, 65.053; 1 T.A.C. §§ 81.172 – 81.174, 81.176).

RUNOFF NOTE for Political Subdivisions Located in More than One County: A political subdivision will have to make delivery of the provisional ballots and forms to the county voter registrar in each county in which the political subdivision is located. (1 T.A.C. §§ 81.172 – 81.174).

RUNOFF NOTE - If the county voter registrar wants to take possession of the provisional ballots and forms on election night (Saturday, December 14, 2024), the county voter registrar must inform the custodian of the election records and post a notice of the transfer no later than 24 hours before election day. However, under this type of delivery, the county voter registrar must go to the custodian of election records office and pick up the provisional ballots and forms. Also, note that the county voter registrar may take possession of provisional ballots prior to election night if ballots are kept separate and may be provided without unlawful entry into ballot box. (1 T.A.C. §§ 81.172 – 81.174).

Tuesday, December 17, 2024 (3rd day after Runoff Election Day)

Last day to begin the partial manual count for districts using electronic voting systems. This is the last day to begin manual recount of ballots in three precincts or one percent of precincts, whichever is greater (Sec. 127.201(a), (g)). The count must be completed not later than the 21st day after election day. Results of the manual count must be delivered to the Secretary of State not later than the 3rd day after the manual count is completed. (Sec. 127.201(e)). No partial manual count needs to be done of ballots cast on DRE voting machines. (Sec. 127.201(g)). For additional information on the partial manual count, please see Tex. Sec’y of State Election Advisory No. 2018-30.

The first possible day to conduct the official local canvass of returns by the governing authority of the political subdivision. However, the canvass may not be conducted until the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election, AND counted all timely received mailed domestic ballots cast from addresses within the United States, and all timely received mailed ballots cast from addresses outside the United States, and ballots contained in defective carrier envelopes corrected by voters. (Secs. 67.003, 86.007). Notice of canvass must be posted at least 72 hours continuously before the canvass is conducted.

RUNOFF NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that on the first day after the final canvass of an election is completed, the general custodian of election records shall make images of voted ballots and cast vote records available for public inspection.

RUNOFF NOTE - If a recount petition has been filed and a winning candidate’s race is involved in the recount, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016, 212.0331).

Cities, Schools, and Other Political Subdivisions: First day that newly-elected local officers may qualify and assume the duties of their offices. Please note that the canvass must have been completed before an officer can assume office. (Sec. 67.016). If a political subdivision was able to cancel its election, this is the first day its elected officials can take the oath of office and be issued a certificate of election. (Secs. 2.053(e), 67.003, 67.016). For information on who can administer an oath, please see Chapter 602 of the Government Code.

RUNOFF NOTE - This does not apply to officers of a Type A general law city. See entry at Friday, December 20, 2024.

Thursday, December 19, 2024 (5th day after Runoff Election Day)

Last day to receive ballots from non-military and any military voters casting ballots from outside of the United States, who submitted an ABBM (not an FPCA) AND who placed their ballots in delivery by 7:00p.m. on election day, Saturday, December 14, 2024, as evidenced by a postal service cancellation mark or a receipt mark of a common or contract carrier or a courier (Secs. 86.007, 101.057, 101.001). A late overseas ballot sent by a voter who applied for a ballot using an ABBM (not an FPCA) cannot be counted if it does not bear a cancellation mark or a receipt mark.RUNOFF NOTE - Section 86.007 provides that a marked ballot voted by mail from outside of the United States by a voter who received the ballot due to submitting an ABBM is considered timely if it is received at the address on the carrier envelope not later than the fifth day after the date of the election. Further, the delivery is considered timely if the carrier envelope or, if applicable, the envelope containing the carrier envelope is properly addressed with postage or handling charges prepaid and bears a cancellation mark of a recognized postal service or a receipt mark of a common or contract carrier or a courier indicating a time by 7:00 p.m. on election day.

Last day to receive ballots from non-military voters casting ballots from overseas, who submitted an FPCA, AND who placed their ballots in delivery by 7:00 p.m. on election day, Saturday, December 14, 2024. (Sec. 86.007(d), (e)).

Friday, December 20, 2024 (6th day after Runoff Election Day)

Last day to receive carrier envelopes mailed domestically (within the United States) OR overseas from voters who submitted an FPCA AND who are members of the armed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine, members of the Texas National Guard, or the spouse or a dependent of a member of the Texas National Guard, a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves, or the spouse or a dependent of a member of the Reserves. (Secs. 101.057, 101.001).

RUNOFF NOTE - Section 101.057 provides that carrier envelopes mailed domestically or overseas from certain military voters (members of the armed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine, members of the Texas National Guard, or the spouse or a dependent of a member of the Texas National Guard, a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves, or the spouse or a dependent of a member of the Reserves) who submitted a Federal Post Card Application (FPCA) may arrive on or before the 6th day after election day. (Secs. 86.007, 101.057, 101.001).

RUNOFF NOTE - The carrier envelope or, if applicable, the envelope containing the carrier envelope sent by the members listed above who applied to vote by mail using the FPCA does NOT need to bear a cancellation or receipt mark in order to be counted.

RUNOFF NOTE - Last day a voter may come to the early voting clerk’s office in person to correct certain defects on their carrier envelope. (Secs. 87.0271, 87.0411). See Note 17 and Tex. Sec’y of State Election Advisory No. 2023-13.

Deadline for ID related provisional voter to (1) present acceptable photo identification to county voter registrar; or (2) if the voter does not possess and cannot reasonably obtain acceptable photo identification, follow the Reasonable Impediment Declaration procedure at the county voter registrar; or (3) execute an affidavit relative to “natural disaster” or “religious objection” in presence of county voter registrar, if applicable; or (4) qualify for the disability exemption, if applicable, with the county voter registrar. (Secs. 65.054, 65.0541).

Deadline for voter registrar to complete the review of provisional ballots. (1 T.A.C. § 81.175(a)(1)).

First day that newly-elected officers of Type A general law city may qualify and assume duties of office. (Sec. 22.006, Local Government Code). But see RUNOFF NOTE, below.

RUNOFF NOTE - Council members may take office anytime following the canvass. Section 22.006 of the Texas Local Government Code states that a newly-elected municipal officer of a Type A city may exercise the duties of office beginning the fifth day after the date of the election, excluding Sundays. However, no newly elected official may qualify for office before the official canvass of the election has been conducted (or would have been conducted, in the event of a cancelled election). Section 22.036 of the Texas Local Government Code further requires that the newly- elected governing body of the municipality “meet at the usual meeting place and shall be installed.”

RUNOFF NOTE - If a Type A municipal officer-elect fails to qualify for office within 30 days after the date of the officer’s election, the office is considered vacant. (Sec. 22.007, Local Government Code). See entry for Monday, January 13, 2025.

Monday, December 23, 2024 (9th day after Runoff Election Day)

Deadline for custodian of election records or presiding judge of the early voting ballot board to retrieve provisional ballots from county voter registrar. (Sec.65.051(a)).

Last day for early voting ballot board to convene to qualify and count the following ballots addressed below:

  1. any late domestic ballots (from non-military and from any military voters who submitted an ABBM) that bear a cancellation mark or receipt mark indicating they were placed for delivery by mail or common or contract carrier not later than 7:00 p.m. on election day, December 14, 2024, and were received not later than 5:00 p.m. on the first business day after election day, on Monday, December 16, 2024. (Secs. 86.007(a), 87.125(a)).
  2. any late ballots that were submitted from outside the United States by voters who applied for the ballot using an ABBM or by non-military voters who applied for the ballot using an FPCA, and which were received by the 5th day after election day, Thursday, December 19, 2024. (Secs. 86.007(d), 87.125(a)).
  3. any ballots received by the 6th day after election day, Friday, December 20, 2024, from voters who are members of the armed forces of the United States, or the spouse or a dependent of a member of the armed forces, members of the merchant marines of the United States, or the spouse or a dependent of a member of the merchant marine, members of the Texas National Guard, or the spouse or a dependent of a member of the Texas National Guard, a member of the National Guard of another state, or the spouse or a dependent of a member of the National Guard of another state, or members of the Reserves, or the spouse or a dependent of a member of the Reserves, and who applied for a ballot using an FPCA. (Secs. 101.057, 87.125(a)).
  4. any provisional ballots that have been reviewed by the voter registrar. (Sec. 65.051(a)).
  5. ballots contained in defective carrier envelopes corrected by voters. (Sec. 86.011(d)).

RUNOFF NOTE - Ballots that do not qualify under 1-3 above should be treated as ballots not timely returned and should not be delivered to the ballot board.

RUNOFF NOTE - If the early voting ballot board needs to meet after this date, it will require a court order to do so.

The time the board reconvenes is set by the presiding judge of the early voting ballot board. (Secs. 86.007(d), 87.125).

RUNOFF NOTE - Section 65.0581 provides that provisional voting records do not become public information until after the provisional ballots and other voting records have been delivered back to the custodian of election records. (Sec. 65.0581).

RUNOFF NOTE - The presiding judge of the central counting station must attest to a written reconciliation (PDF) of votes and voters at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots. (Sec. 127.131).

Tuesday, December 24, 2024 (10th day after Runoff Election Day) (Christmas Eve)

Last day for the presiding judge of the early voting ballot board to mail a Notice of Rejected Ballot (PDF) to voters whose mail ballots were rejected. (Sec. 87.0431).

RUNOFF NOTE: Section 1.006 of the Code does not designate Tuesday, December 24, 2024 (Christmas Eve) or Thursday, December 26, 2024 (Day After Christmas Day) as legal state or national holidays for purposes of the Election Code. Accordingly, a deadline that falls on December 24, 2024 or December 26, 2024 would not be extended to the next regular business day.

Wednesday, December 25, 2024 (11th day after Runoff Election Day) (Christmas Day) Thursday, December 26, 2024 (12th day after Runoff Election Day)

Last day for official canvass of returns by governing authority of political subdivision. (Sec. 67.003). This deadline is extended to the next regular business day, which is Thursday, December 26, 2024, due to the 11th day falling on Christmas Day, a legal holiday. (Sec. 1.006).

RUNOFF NOTE: Section 1.006 of the Code does not designate Tuesday, December 24, 2024 (Christmas Eve) or Thursday, December 26, 2024 (Day After Christmas Day) as legal state or national holidays for purposes of the Election Code. Accordingly, a deadline that falls on December 24, 2024 or December 26, 2024 would not be extended to the next regular business day.

RUNOFF NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that on the first day after the final canvass of an election is completed, the general custodian of election records shall make images of voted ballots and cast vote records available for public inspection.

RUNOFF NOTE - If a recount petition has been filed and a winning candidate’s race is involved in the recount, the certificate of election cannot be issued for that race until the recount has been completed. (Secs. 67.016, 212.0331).

Friday, December 27, 2024 (13th day after Runoff Election Day)

Last day for the presiding judge of the early voting ballot board to mail Notice of Outcome to Provisional Voter (PDF) to provisional voters if the local canvass was held Tuesday, December 17, 2024, the first day of the canvass period. Such notices must be delivered to provisional voters by the presiding judge no later than the 10th day after the local canvass (Sec. 65.059; 1 T.A.C. § 81.176(e)).

2025

January

Wednesday, January 1, 2025 (1st day after the end of the calendar year in which the election was held)(New Year’s Day)

First day that surveillance video of areas containing voted ballots from the November 5, 2024 election may be destroyed IF there is no unresolved election contest.

NOTE - Section 127.1232 provides that in counties with a population of 100,000 or more (or political subdivisions contracting with a county with a population of 100,000 or more), the general custodian of election records shall implement a video surveillance system that retains a record of all areas containing voted ballots: (1) from the time the voted ballots are delivered to the central counting station until the canvass of the precinct election returns; and (2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns. Video from the surveillance system shall be made available to the public by live stream. The recorded video is considered an election record and shall be retained by the general custodian until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later. (Sec. 127.1232). See Tex. Sec’y of State Election Advisory No. 2022-10.

Sunday, January 5, 2025 (61st day after Election Day, 22nd day after Runoff Election Day)

First day that contents of ballot box(es) may be transferred from locked ballot box to separate container for the remainder of the preservation period. (Sec.66.058(b)).

NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that on the 61st day after election day, the general custodian of election records shall make the original voted ballots available for public inspection. See Note 22 and Tex.Sec’y of State Election Advisory No. 2024-05.

NOTE - Our office recommends that the county elections office work closely with its county attorney and its public information division in ensuring that records have been properly redacted before being made publicly available. Please direct any questions about the procedures for responding to a public information request, including the timeframes for such responses, to the Office of the Attorney General via its Open Government Hotline, (877) OPEN TEX (673-6839). See Note 22.

NOTE - For guidance on retention of electronic voting system media, please see Tex. Sec’y of State Election Advisory No. 2019-23.

Monday, January 6, 2025 (62nd day after Election Day, 23rd day after Runoff Election Day)

Last day to complete the partial manual count for the December 14,, 2024 runoff election. (Sec. 127.201(a)). This deadline is extended to the next regular business day, which is Monday, January 6, 2025, due to the 21st day falling on a Saturday. (Secs. 1.006, 127.201(a)).

Last day for the presiding judge of the early voting ballot board to mail Notice of Outcome to Provisional Voter (PDF) to provisional voters if the local canvass was held on Thursday, December 26, 2024, the last day of the canvass period. (Sec. 65.059; 1 T.A.C. § 81.176(e)). Such notices must be delivered to provisional voters by the presiding judge no later than the 10th day after the local canvass. This deadline is extended to the next regular business day, which is Monday, January 6, 2025, due to the 10th day falling on a Sunday. (Sec. 1.006).

Monday, January 13, 2025 (69th day after Election Day, 30th day after Runoff Election Day)

If a Type A municipal officer-elect fails to qualify for office within 30 days after the date of the officer’s election, the office is considered vacant. (Sec. 22.007, Local Government Code).

February

Thursday, February 13, 2025 (61st day after Runoff Election Day)

RUNOFF NOTE - NEW LAW: HB 5180 (2023, R.S.) amended Section 1.012 of the Code, effective September 1, 2023, to provide that on the 61st day after election day, the general custodian of election records shall make the original voted ballots available for public inspection. First day that ballot box(es) may be unlocked and its voted ballots may be transferred to another secure container for the remainder of the preservation period. (Sec. 66.058(b))

RUNOFF NOTE - Our office recommends that the county elections office work closely with its county attorney and its public information division in ensuring that records have been properly redacted before being made publicly available. Please direct any questions about the procedures for responding to a public information request, including the timeframes for such responses, to the Office of the Attorney General via its Open Government Hotline, (877) OPEN TEX (673-6839). See Note 22.

NOTE - For guidance on retention of electronic voting system media, please see Tex. Sec'y of State Election Advisory No. 2019-23.

2026-2028

Saturday, September 6, 2026 (day after 22 months after November 5, 2024 Election Day)

Contents of ballot box(es) may be destroyed IF no contest or criminal investigation has arisen (Secs. 1.013, 66.058), and IF no open records request has been filed (Tex. Att’y Gen. ORD-505 (1988)).

Note: All election records must be preserved for 22 months from election day, even when there is no federal office on the ballot. (Sec. 66.058).

Notable Exceptions:

Permanent Records: Election results must be permanently maintained in the election register. (Sec. 67.006).

Note: Electronic Voting Systems: See Tex. Sec'y of State Election Advisory No. 2019-23 for preservation procedures for electronic voting systems.

Thursday, October 15, 2026 (day after 22 months after December 14, 2024 Runoff Election Day)

Contents of ballot box(es) may be destroyed IF no contest or criminal investigation has arisen (Secs. 1.013, 66.058), and IF no open records request has been filed (Tex. Att’y Gen. ORD-505 (1988)).

Note: All election records must be preserved for 22 months from election day, even when there is no federal office on the ballot. (Sec. 66.058).

Notable Exceptions:

Permanent Records: Election results must be permanently maintained in the election register. (Sec. 67.006).

Note: Electronic Voting Systems: See Tex. Sec'y of State Election Advisory No. 2019-23 for preservation procedures for electronic voting systems.

Friday, November 6, 2026 (day after Two Years after November 5, 2024 Election Day)

Note: Retention of Candidate Applications: Candidate applications must be retained by the governing body for two years after date of election. (Sec. 141.036).

Tuesday, December 15, 2026 (day after two years after December 14, 2024 Runoff Election Day)

RUNOFF NOTE - Retention of Voter Registration List: County voter registrar must maintain copy of each voter list prepared for each countywide election for 2 years (24 months) after election day. (Sec. 18.011).

RUNOFF NOTE - Retention of Candidate Applications: Candidate applications must be retained by the governing body for two years after date of election. (Sec. 141.036).

Monday, November 6, 2028 (day after four years after November 5, 2024 Election Day)

Note on Retention of Voter Registration List: County voter registrar must maintain copy of each voter list prepared for each presidential election for 4 years (48 months) after election day. (Sec. 18.011).

CA:HM