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Election Advisory No. 2025-20

To: All Election Officials
From: Christina Adkins, Director of Elections
Christina Adkins signature
Date: October 30, 2025
RE: Post-Election Procedures and Qualifying for Office for the November 4, 2025 Election Date

I. Overview and Quick Reference

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

Forms

The following is a list of forms relevant to events after the November 4, 2025 elections. Samples of these forms can be accessed from our Elections Form Index:

Brief Reminders

*NOTE: The canvass may not be conducted until the early voting ballot board has: 1) qualified and counted all provisional ballots, if a provisional ballot has been cast in the election, 2) counted all timely received late-arriving ballots (see details below), AND 3) counted all ballots contained in previously defective carrier envelopes which were corrected by voters by the required deadline.

For additional information regarding ballot by mail deadlines, please see our election law calendar here: November 4, 2025 Election Law Calendar.

II. Qualifying for Office


Canvass Meeting

The canvass must be conducted between Friday, November 7, 2025 and Monday, November 17, 2025, at an open meeting of the governing body. House Bill 1522 (89th Leg., R.S., effective September 1, 2025) amended Texas Government Code Section 551.043 regarding notice requirements for meetings conducted under the open-meetings law by changing the notice posting requirement from a minimum of 72 hours to at least three business days before the date of the scheduled meeting. As such, notice of the canvass meeting must be posted at least three business days before the date of the scheduled meeting. Tex. Gov’t Code § 551.043(a). Only two officers are needed for a quorum for a canvassing meeting. Tex. Elec. Code § 67.004(a).

The canvassing authority shall prepare a tabulation stating the following:

  1. Each candidate
    1. Total number of votes received in each precinct
    2. Sum of precinct totals tabulated
  2. Votes FOR and AGAINST each measure
    1. Total number of votes received in each precinct
    2. Sum of precinct totals tabulated
  3. Total number of voters in each precinct who cast a ballot for a candidate or for or against a measure in the election

Tex. Elec. Code § 67.004(b), (b-1). See information about reconciliation forms in Section III of this advisory.

The tabulation may be prepared as a separate document or may be entered directly into the local election register maintained for the authority. The authority shall either attach or include as part of the tabulation the report of early voting votes by precinct. The early voting report is to be delivered to the local canvassing authority no later than the time of the local canvass. Tex. Elec. Code § 87.1231. For more details, see the procedure for the local canvass in Section 67.004 of the Texas Election Code. The election register shall be preserved as a permanent record. Tex. Elec. Code § 67.006.

Certificate of Election, Statement of Officer, and Oath of Office

Questions often arise about the order of events following the election. We recommend that post- election procedures occur in the following sequence:

Tex. Const. Art. XVI, § 1; Tex. Elec. Code §§ 67.004 – 67.006, 67.016, 67.017; Tex. Gov’t Code § 551.043.

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).

Before an elected (or appointed) officer may assume the duties of the office, the officer must first file a Statement of Officer for the official records of the governing body. Tex. Const. Art. XVI, § 1.

We recommend that the presiding officer issue the Certificate of Election at the canvass. The presiding officer of the canvassing authority prepares the Certificate of Election. Tex. Elec. Code § 67.016. The form we provide is only a sample; many entities like to create their own.

If a recount request has been filed, this does not halt the canvass. However, the canvassing authority must make a note on the canvass that a recount has been requested. Filing a recount petition delays the issuance of a Certificate of Election and qualification for the office involved in the recount pending completion of recount. Tex. Elec. Code §§ 212.033, 212.0331. See our current recount advisory and our recounts outline for deadlines and additional details.

Who Can Administer an Oath of Office

The Oath of Office must be administered by someone authorized to administer an oath under Texas law. The most commonly used person to administer oaths is a notary public. Additionally, Section 602.002 of the Texas Government Code authorizes all city secretaries to administer oaths for matters relating to city business. In a Type A general law city, the mayor may also administer the oath to Type A officers-elect. Tex. Loc. Gov’t Code § 22.042.

Other officials who may administer an oath include: a judge, retired judge, senior judge, clerk of a court of record, justice of the peace or clerk of a justice court, legislator or retired legislator. Please note that some persons authorized to administer an oath are limited in their authority, and can only administer an oath in certain situations. See Chapter 602 of the Texas Government Code for the most extensive list.

Rules Specific to Certain Cities and Other Entities

In some political subdivisions, the newly elected officers may not assume the duties of office until a certain date. For example, officers in a Type A general law city may not assume office until at least the fifth day after the election, excluding Sundays (Monday, November 10, 2025). Tex. Loc. Gov’t Code § 22.036. Section 22.036 of the Texas Local Government Code further requires that the newly elected governing body of a Type A municipality “meet at the usual meeting place and shall be installed.” Tex. Loc. Gov’t § Code 22.036. Type A cities have authority to require a bond. Tex. Loc. Gov’t Code § 22.072. Additionally, if a Type A officer-elect fails to qualify for office (be sworn in) within 30 days after the date of the officer's election, the office is considered vacant. Tex. Loc. Gov’t Code § 22.007.

Also, your source law might require a bond. For example, in Type C cities, the mayor and commissioners must execute a bond for $3,000 payable to the municipality. Tex. Loc. Gov’t Code § 24.024. In most water districts, officers must execute a bond for $10,000 payable to the district. Tex. Water Code § 49.055(c).

If a bond is required, the bond must be executed before the officer assumes his or her duties.

Oaths and Water Districts, Chapters 36 & 49 of the Texas Water Code

Please note that special procedures apply to a newly elected director of a water district that is governed by Chapters 36 or 49 of the Texas Water Code. A duplicate original of the oath (but not the statement of elected/appointed officer) shall also be filed with the Secretary of State within 10 days after its execution and need not be filed before the new director begins to perform the duties of office. Tex. Water Code §§ 36.055, 49.055.

III. Other Procedures and Questions


Cancellation Procedures

Unopposed Candidates

Many entities have used the cancelation procedures in Sections 2.051-2.053 of the Texas Election Code to declare unopposed candidates “elected” to office. The Statement of Elected Officer must be completed and filed at any time after the meeting at which the candidates were declared elected. The remaining steps of the Certificate of Election and the Oath of Office, however, must be performed after Election Day in the usual manner; that is, not before the date the official canvass would normally be conducted.

On the Certificate of Election, instead of the election date language, substitute “John Doe was duly elected for purposes of the November 4, 2025 election, pursuant to the [order or ordinance] issued on [date], cancelling the election that was scheduled to be held on November 4, 2025” or similar language. Tex. Elec. Code § 67.016. Please note that cancellation forms can be obtained from our office or by accessing our website.

What if Nobody Filed?

If no one filed for an office (and your jurisdiction does not have open write-ins), the appropriate time to declare the official result ─ that no one filed and that no one won ─ is at the canvass. Even if the election was cancelled due to uncontested races, a vacancy in the office for which no one filed is declared at the meeting held after Election Day. The vacancy is then filled by the vacancy-filling procedures for that entity. See Tex. Att’y Gen. Op. No. O-497 (PDF) (1939); Sec’y State Op. No. JWF-36 (PDF) (1984). Two officers constitute a quorum for canvassing the election results and declaring any resulting vacancy. To fill the vacancy, however, you will need to meet the regular quorum requirements.

Tie Votes, Runoffs

A runoff election is required if the political subdivision requires majority vote (rather than plurality) and no candidate has received over half the total votes (e.g., 50.1% is more than half). Tex. Elec. Code § 2.021.

Pursuant to Section 2.025 of the Texas Election Code, the Secretary of State designated Saturday, Saturday, December 13, 2025 as the election date for all runoff elections resulting from elections held by local political subdivisions on the November 4, 2025 Election Date. Tex. Elec. Code § 2.025. For additional information regarding the December 13, 2025 runoff election date, please see our election law calendar here: Election Advisory No. 2025-09 – December 13,2025 Runoff Election Law Calendar (Extended Version).

Tie votes for officers (based on official canvassed returns) are governed by Section 2.002 of the Code. In an election requiring a plurality vote (i.e., the person with the most votes wins, even if it is not more than 50% of the votes cast), if two or more candidates for the same office tie for the number of votes required to be elected, a second election to fill the office shall be held.

NOTE: In the event of a tie, candidates may choose to withdraw or cast lots to resolve the tie before the automatic recount is held. If the tie vote is not resolved by a withdrawal or lot drawing (at this first opportunity), an automatic recount shall be conducted in accordance with Chapter 216. If an automatic recount does not resolve a tie, the tied candidates may (1) cast lots not later than the day before the date the authority must order the second election; or (2) withdraw from the election not later than 5 p.m. of the day after the date the automatic recount is held. Tex. Elec. Code § 2.002.

If the tie is still unresolved following these procedures, the authority responsible for ordering the first election shall then order the second election (not later than the fifth day after the date the automatic recount is completed or the final canvass following the automatic recount is completed). The second election shall not be held earlier than the 20th day or later than the 45th day after the date the automatic recount is completed or the final canvass following the automatic recount is completed, if applicable. Tex. Elec. Code § 2.002 and Chapter 216.

NOTE: A tie vote in a runoff election (based on official canvassed returns) triggers an automatic recount under Section 2.028 and Chapter 216 of the Code. In a tie vote in a runoff election, if a candidate withdraws before the automatic recount is conducted, the remaining candidate is the winner and the automatic recount does not need to occur. If a withdrawal is received by 5 p.m. the day after the date of the automatic recount is conducted, the remaining candidate is the winner. If the automatic recount proceeds, and the result is still tied, the election is resolved by the casting of lots under Section 2.028 of the Code.

A tie vote in an election on a measure (i.e., a proposition election with for-against votes) means the measure failed, because there were not more votes For than Against. There is no automatic recount procedure, since Chapter 216 of the Code, which regulates automatic recounts, only applies to candidate elections.

Post Returns on Website (Certain Entities)

Note: Section 65.016 of the Code provides that election results information must be posted (PDF) 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 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 includes:

NOTE: Some (but not all) of this information is also included in the reconciliation form, as described below. It is possible to post this information on the same web page as your reconciliation form, if both requirements apply to you. Please note that the posting requirement under Section 65.016 applies to the entities described above, regardless of whether there is a central counting station.

Reconciliation Forms (Elections with Central Counting Station)

Note: 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. These forms must be posted on the county website with your election returns and results after they are completed and signed. Tex. Elec. Code § 127.131(f). This posting requirement applies regardless of whether your local entity is contracting with the county for election services. We recommend posting the reconciliation form on your entity’s website, if you maintain one.

Please note that Section 127.131(f) applies to entities that conducted voting in such a manner that they had a central counting station. For example, it would not apply to an entity that used an Automark to comply with accessible vote-casting, where ballots were hand-counted.

File Returns with Secretary of State (Counties)

Local political subdivisions, other than a county, do not have to file electronic precinct-by- precinct returns with the Secretary of State’s office. Tex. Elec. Code § 67.017.

List of Individuals who Transported Seven Or More Voters for Curbside Voting (Form 7-65)

House Bill 521 (89th Leg., R.S., effective September 1, 2025) amended Section 64.009 of the Code as it relates to transporting multiple curbside voters to a polling location. The law now requires the election officer to ask the person providing transportation whether the person has assisted seven or more voters during the early voting period and on election day by transporting them to vote curbside. If the person indicates they have assisted seven or more curbside voters, the person must complete and sign a form. An individual who intentionally fails to complete this form commits a Class A misdemeanor.

An updated version of Form 7-65 Information of Person Who Provided Transportation to a Total of Seven or More Curbside Voters During Early Voting and Election Day can be found in the Election Forms Index.

Completed forms must be delivered to the Secretary of State as soon as practicable. This form may be submitted to our office via email. Please send the forms to elections@sos.texas.gov. For additional information regarding HB 521 and this requirement, please see Election Advisory No. 2025-12.

Curbside Voter Statement (Form 7-66)

HB 521 also amended Section 64.009 of the Code to require curbside voters to execute a form attesting that they are physically unable to enter the polling place without personal assistance or likelihood of injuring their health or that they are requesting a reasonable accommodation. Our office created Form 7-66 Curbside Voter Statement that your office may use for this purpose and which can be found in the Election Forms Index. An electronic version of this form may be built into the electronic pollbook to satisfy the new requirement.

A completed Curbside Voter Statement form must be delivered to the Secretary of State as soon as practicable. This form may be submitted to our office via email. Please send the forms to elections@sos.texas.gov. For additional information regarding this requirement, please see Election Advisory No. 2025-12.

Election Worker Assistance Sheet (Form 7-67) (Counties)

HB 521 also amended Section 64.0322 of the Code to provide that not later than the 30th day after the date of the election, Thursday, December 4, 2025, a county election official shall report to the Secretary of State information regarding any individuals, including election workers, who assisted a total of seven or more voters during the early voting period and on election day. Our office created Form 7-67 Election Worker Assistance Sheet that your office may use for this purpose and which can be found in the Election Forms Index.

The information required to be reported to the Secretary of State includes:

Please send the information to elections@sos.texas.gov. For additional information regarding this requirement, please see Election Advisory No. 2025-12.

Report to Texas Bond Review Board (Bond Elections)

House Bill 3526 (89th Leg., R.S., effective September 1, 2025) creates new reporting requirements for local entities that order an election to authorize a local government to issue bonds. These reports must be sent to the Texas Bond Review Board. Not later than the 20th day after election day, Monday, November 24, 2025, the entity must send the Bond Review Board a report that includes:

For more information on this requirement, please contact the Texas Bond Review Board.

Note about Joint Elections and Contracts for Election Services

The procedures above outline the general rules; however, many entities may be holding joint elections (and/or have some type of contract for various election services with the county). You should make every effort to be sure that everyone involved knows when, where, and by whom the various election records are to be prepared, delivered, and stored.

IV.Required Post-Election Hand Count Audit


Overview

Senate Bill 827 (89th Leg., R.S., effective September 1, 2025) changed the name of the Partial Manual Count (also known as the “PMC”) to the Post-Election Hand Count Audit (PEHCA). Post- Election Hand Count Audits are mandated by law under Section 127.201 of the Texas Election Code. The bill also changed certain procedures of the Post-Election Hand Count Audit. Pursuant to Section 127.201(a) of the Code, the general custodian of election records in an election in which an electronic voting system is used must conduct a Post-Election Hand Count Audit. The Post-Election Hand Count Audit is a post-election hand count of ballots cast in the election that were electronically tabulated.

The Post-Election Hand Count Audit applies to election day, early voting in-person, and early voting by mail ballots. It is required for all entities that automatically tabulate their ballots using an optical/digital scanner. Optical/digital scanners are either precinct ballot counters or central scanners. Therefore, entities that hand counted their ballots are not authorized to conduct the Post-Election Hand Count Audit. Tex. Elec. Code § 127.201(a), (g). The last day to begin the Post- Election Hand Count Audit is Friday, November 7, 2025.

The general custodian of election records will designate members of the Early Voting Ballot Board to perform the Post-Election Hand Count Audit under the direction of the custodian. If one or more members of the Early Voting Ballot Board are unable to serve, then additional members may be appointed under the procedures outlined in Section 87.002 of the Code.

How to Determine Which Precincts are Included


General Rule

The Secretary of State will select a minimum of three (3) election day polling locations and three (3) early voting locations or one percent (1%) of the election day polling locations and one percent (1%) of the early voting locations—whichever is greater—for the Post-Election Hand Count Audit. In addition, a minimum of three (3) precincts or one percent (1%) of the precincts in which a ballot by mail was cast—whichever is greater—will be selected for the Post-Election Hand Count Audit. The Secretary of State will also select no more than three (3) constitutional amendments to be counted for the Post-Election Hand Count Audit.

Counting of election day and early voting ballots will be done by polling location for in person voting, and ballots by mail will be counted by precinct. This provision also applies to all elections, including local entities, and counties that conduct precinct-based voting or that participate in the Countywide Polling Place Program.

New Procedures for Local Political Subdivisions Holding a Separate Election on November 4, 2025

The general custodian of election records for local political subdivisions that are not holding their election jointly with the county will also select a minimum of three (3) election day polling locations and three (3) early voting locations or one percent (1%) of the election day polling locations and one percent (1%) of the early voting locations—whichever is greater—for the Post- Election Hand Count Audit. In addition, the general custodian of election records will select a minimum of three (3) precincts or one percent (1%) of the precincts in which a ballot by mail was cast—whichever is greater—for the Post-Election Hand Count Audit.

Completion and Posting Results

The Post-Election Hand Count Audit must be completed no later than the 21st day after election day, Tuesday, November 25, 2025. No later than the third day after the date the Post-Election Hand Count Audit is completed, the general custodian of election records shall deliver a written report of the results to the Secretary of State. Results of the Post-Election Hand Count Audit must also be posted on the county’s website in the same location where election returns and results are posted.

If you are a local entity conducting your own election, and therefore performing your own Post- Election Hand Count Audit, you are still required to submit the results to the Secretary of State and to the county to post on the county’s website. It is recommended that the local entity also post a link from its website to the county’s website where the results are posted.

After all precincts and polling locations have been hand counted and any discrepancies have been investigated, the general custodian of election records will submit vote totals to the Secretary of State.

CC: County Clerks/Elections Administrators

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