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Election Advisory No. 2025-21

To: All Election Officials
From: Christina Adkins, Director of Elections
Christina Adkins signature
Date: October 31, 2025
RE: Post-Election Hand Count Audit Changes (Senate Bill 827)

The purpose of this Advisory is to assist counties and local political subdivisions with the Post- Election Hand Count Audit for the upcoming November 4, 2025 Election. This Advisory will also go over recent changes to the Post-Election Hand Count Audit. Additional information and detailed procedures about the Post-Election Hand Count Audit will be available in the Post- Election Hand Count Audit Handbook.

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). It will apply to the November 4, 2025 Election. The bill also changed certain procedures of the Post- Election Hand Count Audit. Pursuant to Section 127.201(a) of the Texas Election 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. It is conducted to ensure the accuracy of the tabulation of the electronic voting system results.

All statutory references in this Advisory are to the Texas Election Code (the “Code”), unless specified.

The Post-Election Hand Count Audit applies to election day, early voting in-person, and early voting by mail ballots. This also includes applicable limited ballots (Chapter 112), provisional ballots (Chapter 63), presidential ballots (Chapter 113), emergency ballots due to death in the family (Chapter 103), and emergency ballots due to sickness or physical disability (Chapter 102).

The Post-Election Hand Count Audit 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. (Secs. 127.201(a), (g)).

New Procedures for the November 4, 2025 Constitutional Amendment Election

The Post-Election Hand Count Audit for the November 4, 2025 Constitutional Amendment Election will be more expansive than previous partial manual counts. The Secretary of State will select a minimum of three (3) election day polling locations and three (3) early voting polling locations or one percent (1%) of the election day polling locations and one percent (1%) of the early voting polling 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. (Sec. 127.201(b)).

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.

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.

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. (Sec. 127.201(a)).

The general custodian of election records for local political subdivisions are also required to designate members of the Early Voting Ballot Board for their local political subdivision to perform the Post-Election Hand Count Audit, under the direction of the general custodian. If any members of the Early Voting Ballot Board are unable to serve, then additional members may be appointed under the procedures outlined in Section 87.001 of the Code, as referenced above.

Start of the Post-Election Hand Count Audit

The general custodian of election records must post Notice of the Post-Election Hand Count Audit (Form 14-10) in the custodian’s office. The notice must provide information regarding the date, hour, and place of the Post-Election Hand Count Audit. It is also recommended that the notice be posted on the entity’s website and on the bulletin board used to provide notices of meetings.

The general custodian of election records shall begin the Post-Election Hand Count Audit within seventy-two (72) hours after the polls close. (Sec. 127.201(a)). The Secretary of State must notify the general custodian of election records of the polling locations, precincts, offices, and propositions selected not earlier than the day after election day. (Sec. 127.201(b)). The county will receive a separate email from the Secretary of State with specific instructions related to the polling locations, precincts, offices, and propositions (if any) selected.

If a local political subdivision contracted with a county for the county to conduct a joint election, then the Post-Election Hand Count Audit for the county will also count as the Post- Election Hand Count Audit for the political subdivision.

Local political subdivisions who did not contract with the county to conduct a joint election will perform the Post-Election Hand Count Audit on their own. Those local political subdivisions will receive a separate email from the Secretary of State with specific instructions on how to enter the results of their Post-Election Hand Count Audit electronically into the Secretary of State’s system.

Selection of Precincts or Polling Places


Secretary of State

In a general election for state and county officers, primary election, or election on a proposed amendment to the state constitution or other statewide measure submitted by the Legislature, the Secretary of State shall select, in accordance with rules and procedures outlined in this Advisory, the polling locations and precincts to be counted. (Sec. 127.201(b)). The Secretary shall designate not more than three (3) offices or not more than three (3) propositions to be counted in the selected polling locations and precincts. The Secretary shall notify the general custodian of election records of the polling locations, precincts, offices, and propositions selected not earlier than the day after election day. (Sec. 127.201(b)).

General Custodian of Election Records

For all other elections not referenced above, and in accordance with Section 127.201(a), the general custodian of election records shall conduct the Post-Election Hand Count Audit of all the races in at least 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, in which an electronic voting system was used. The Post-Election Hand Count Audit will also include all of the races in at least three (3) precincts or one percent (1%) of the precincts, whichever is greater, in which a ballot by mail was cast.

These polling locations and precincts must be selected at random. (Sec. 127.201(a)). The general custodian may post a Notice of Random Drawing of Polling Place or Precinct for the Post-Election Hand Count Audit (Form 14-13) on the bulletin board used to provide notices of meetings and on the entity’s website. If one of the randomly selected polling locations or precincts for ballots by mail does not have any votes cast, the general custodian must select a different polling location or precinct.

For guidance on how to conduct a random drawing of polling places and precincts, please see the section in this Advisory on including additional polling places and precincts at random below.

Local political subdivisions that contract with their county should confirm with their county elections officer to determine whether the local entity or the county will conduct the Post- Election Hand Count Audit.

If a local political subdivision holds an election jointly with a county under Chapter 271 of the Code, then the entity is not required to conduct a separate Post-Election Hand Count Audit.

Additional Locations Selected by the General Custodian for the Post-Election Hand Count Audit

The general custodian, pursuant to Section 127.201(b-3) of the Code, may select additional early voting and election day polling locations and/or ballot by mail precincts for the Post- Election Hand Count Audit to ensure transparency and accountability. If the general custodian decides to include additional polling locations and/or precincts, the general custodian should post a Notice of Additional Polling Place or Precinct for the Post-Election Hand Count Audit Form 14-12). One copy of this notice should be posted on the bulletin board used for notices of meetings of the governing body and another copy should be posted on the entity’s Internet website.

The general custodian may select up to three (3) additional polling locations for early voting, three (3) additional polling locations for election day, and three (3) additional precincts for ballots by mail through a random selection process, by selecting the locations and precincts with the highest turnout, or by using a combination of these two methods. The general custodian may also select additional locations where there are documented discrepancies in the reconciliation paperwork for those locations.

Our office is prescribing the procedures for the selection process, which are listed below.

Selection of Additional Precincts or Polling Locations at Random

The general custodian may select up to three (3) additional early voting polling locations, up to three (3) additional election day polling locations, and up to three (3) precincts for ballots by mail through a random selection process. The general custodian should follow the guidelines below to randomly select polling locations and precincts for the Post-Election Hand Count Audit.

Selection of Additional Precincts or Polling Locations By Turnout

Depending on if the general custodian selected any additional polling locations or precincts at random, then the general custodian may select up to three (3) additional early voting polling locations, up to three (3) additional election day polling locations, and up to three (3) additional precincts for ballots by mail, with the highest voter turnout. For voting by mail, the general custodian may focus on precincts with the largest number of accepted ballots by mail.

Selection of Additional Precincts or Polling Locations Due to Discrepancy

If reconciliation documentation indicates that a discrepancy exists between the number of votes cast at a polling location (or in a ballot by mail precinct) and the number of ballots counted, the general custodian is authorized to include those precincts or polling locations in the Post-Election Hand Count Audit. The general custodian must document the reason and detail the discrepancies supporting the need for additional polling locations or precincts to be added to the Post-Election Hand Count Audit.

Optional Modified Procedure for Mail Ballots

The Post-Election Hand Count Audit ONLY requires that ballots in selected precincts be counted. (Sec. 127.201(b)). However, due to concerns related to ballot secrecy in smaller counties and in sorting and storing ballots in larger counties, our office approves the following optional modified procedure expanding the scope of mail ballots that may be reviewed in the Post-Election Hand Count Audit.

For counties with smaller populations, this modified procedure may result in the county conducting a hand-count of all the ballots cast for the selected offices in their remaining early voting and election day polling places.

Instead of only counting the selected precincts for early voting by mail ballots, entities can opt to conduct the Post-Election Hand Count Audit on ALL of their early voting by mail ballots. This will help ensure that ballot secrecy is protected for smaller counties with fewer ballots. This may also be an easier process for larger counties that do not separate and store their mail ballots by precinct. THIS VARIATION IS OPTIONAL. The determination as to whether to count all early voting by mail ballots or only selected precincts is made by the general custodian of election records. If you opt to count all of your early voting ballots, please indicate this in the “discrepancies” box in the Post-Election Hand Count Audit results.

Selecting Additional Polling Locations or Precincts After the Start of the Post-Election Hand Count Audit

The general custodian of a county or entity conducting the Post-Election Hand Count Audit may select additional polling locations or precincts at any time up until the Post-Election Hand Count Audit is completed. The general custodian may include additional polling locations or precincts for any of the above reasons, or a combination of them.

If an entity decides to add polling locations or precincts to the Post-Election Hand Count Audit while it is occurring, the entity should provide notice of the additional polling locations or precincts. One copy of the Notice of Additional Polling Place or Precinct for the Post-Election Hand Count Audit Form 14-12) should be posted on the bulletin board used for notices of meetings of the governing body and another copy should be posted on the entity’s Internet website. This notice must be posted no later than 24 hours after the general custodian decides to include additional polling locations and/or precincts.

Notice must also be given to the Early Voting Ballot Board of the expanded Post-Election Hand Count Audit. Notice must also be provided to candidates, watchers, and appointing authorities of watchers. If an entity added polling locations or precincts, it will report this to the Secretary of State when it submits the completion of the Post-Election Hand Count Audit to our office. The report must include the reasons for expanding the locations and/or precincts.

Opening Ballot Box

You are not required to petition a district judge for permission to retrieve the ballots when conducting the Post-Election Hand Count Audit, since this is a procedure that is required by law. When you have designated to begin the Post-Election Hand Count Audit, you should arrange access to the ballots for the selected polling places and precincts. Following the Post-Election Hand Count Audit, all election material shall be re-secured and returned to the appropriate authority. (Secs. 66.058, 127.201).

Before conducting the Post-Election Hand Count Audit, the general custodian of records should coordinate with the custodian of keys to receive the keys to the ballot boxes, or to be present for the opening of the ballot boxes. (Sec. 66.058).

Permanent and temporary employees of the general custodian of election records may provide administrative assistance for the preparation of the Post-Election Hand Count Audit, such as bringing ballot boxes out, maintaining chain of custody, and sorting ballots prior to the beginning of the audit. Members of the Early Voting Ballot Board and any watchers of the Post- Election Hand Count Audit are permitted to observe these administrative processes. However, because the Early Voting Ballot Board is responsible for counting the ballots and preparing the results, permanent or temporary employees can only assist in this capacity if they have been appointed to the Early Voting Ballot Board.

Counties Using Direct Recording Electronic (DRE) Voting Systems

If you use DREs, you are required to conduct the Post-Election Hand Count Audit for your early voting by mail ballots.

Please note that after September 1, 2026, DREs that do not have a paper record will no longer be permitted for use in Texas elections unless the device is used only for curbside voting. (Sec. 129.003).

Post-Election Hand Count Audit Watchers

Each person entitled to appoint an election watcher is also entitled to appoint a watcher to attend the Post-Election Hand Count Audit. These appointing authorities include candidates on the ballot or the campaign treasurer or assistant treasurer of a specific-purpose political committee for a measure on the ballot. Also, while it does not apply to the November Constitutional Amendment Election or a primary election, in an election in which a political party has a nominee on the ballot, a single watcher may be appointed by the county chair of the political party or by three members of the county executive committee if there is no county chair.

Post-Election Hand Count Audit watchers must satisfy the eligibility and training requirements to be a poll watcher as provided in Chapter 33 of the Texas Election Code. When the watcher reports for service, the watcher must deliver a certificate of appointment and a certificate of completion of training which has not expired to the presiding judge of the Early Voting Ballot Board. (Sec. 33.051).

The presiding judge shall retain the certificate of completion and certificate of appointment with the election records. For additional information, please see our Poll Watcher’s Guide (PDF).

The following forms can be found in the Forms Manual on our website:

Procedure for Counting Ballots

Counties and local entities conducting the Post-Election Hand Count Audit must refer to Chapter 65 of the Election Code and the Post-Election Hand Count Audit Handbook for procedures and guidance on conducting 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. 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’s Office. 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.

The general custodian will submit a report containing the following information:

Please contact the Secretary of State’s Office at elections@sos.texas.gov or 1-800-252-8683 if you have any questions while conducting your Post-Election Hand Count Audit or if you experience any problems submitting the results of your Post-Election Hand Count Audit to our office.

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