Recount laws in Texas

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An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.


Note: The content below describes recount procedures in Texas. The information on this page is not intended to serve as a manual for those seeking to start or halt a recount; individuals seeking more information about specific processes and requirements should contact their state election agencies.

Summary of recount laws

The list below shows answers to common questions regarding recounts in Texas.[1]

  • Does state law require automatic recounts?
    • Yes, when a tie vote occurs.
  • When must an automatic recount be completed?
    • No set deadline.
  • Can a recount be requested?
    • Yes, the recount can be requested within five days after election day or two days after the canvass, whichever is later. The required margin is less than 10% of the winning candidate's vote. There is no deadline for completion.
  • Who pays for a requested recount?
    • The requester.
  • Is a refund available for requested recount costs?
    • Yes. Costs paid by the requester are refunded if the recount changes the election outcome. A requester might receive a refund if he or she withdraws the request, the request is rejected, or the amount paid was greater than the actual cost of the recount.
  • Can a partial recount be requested?
    • Yes.

Texas recount procedures

Automatic recount procedures

Texas requires an automatic recount in the event of a tie vote.[2] There is no set deadline for the completion of an automatic recount.

Requested recount procedures

Texas uses three types of requested recounts: initial, supplementary, and expedited, each of which is governed by distinct provisions explained below.

Initial requested recounts:
Initial recounts can be requested by candidates or, in some cases, voters in all elections except for those where a majority vote, rather than a plurality, is required and where voters cast votes for more than two candidates. Click Show more to learn more about initial recounts.

Show more

The deadline to request an initial recount is either 5:00 p.m. on the fifth day after the election or 5:00 p.m. on the second day after the canvass, whichever is later. There is no set deadline for the completion of an initial requested recount.

  • A candidate, apart from presidential primary candidates, may request an initial recount if:
“ (1) the difference in the number of votes received by the candidate and any candidate for the office who is shown by the election returns to be nominated, elected, or entitled to a place on a runoff ballot or tied for nomination, election, or entitlement to a place on a runoff ballot is less than 10 percent of that candidate's number of votes;

(2) the candidate is shown by the election returns to be entitled to a place on a runoff ballot or tied for nomination, election, or entitlement to a place on a runoff ballot;
(3) the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034; or
(4) the total number of votes received by all candidates for the office is less than 1,000 as shown by the election returns.[3]

”
—Texas Statutes, Sec. 212.022
  • In a presidential primary election, a candidate or any 25 voters acting jointly on behalf of an uncommitted delegation may request an initial recount if:
“ (1) the difference in the number of votes received by the candidate or uncommitted status and any candidate or uncommitted status shown by the election returns to be entitled to delegate representation at the political party's national presidential nominating convention is less than 10 percent of the number of votes received by the latter candidate or the uncommitted status; or

(2) the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034.[3]

”
—Texas Statutes, Sec. 212.0231
  • In a ballot measure election, the campaign treasurer or a specific-purpose political committee involved in the election or any 25 or more voters may request an initial recount if:
“ (1) the difference in the number of votes received for the measure and against the measure is less than 10 percent of the total number of votes received on the measure as shown by the election returns;

(2) the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034; or
(3) the total number of votes received for and against the measure is less than 1,000 as shown by the election returns.[3]

”
  • If electronic voting systems were used, any losing candidate may request an initial recount of electronic voting system results.[4]


Supplementary requested recounts:
A supplementary account can occur if an initial recount is partial (i.e., not comprehensive). Any candidate or voter eligible to apply for an initial recount can apply for a supplementary recount in this case.[5] Click Show more to learn more about supplementary recounts.

Show more

Provisions relating to supplementary requested recount do not apply to elections covered by expedited requested recount provisions.[6]

Supplementary recounts may be requested under the following circumstances:

“ (a) A person who was not entitled to obtain an initial recount ... may obtain a supplementary recount if the partial recount included less than 50 percent of the total vote received by all candidates in the race or for the measure, as applicable, as shown by the original election returns, and as a result of the partial recount those grounds are satisfied.

(b) A person who was not entitled to obtain an initial recount ... may obtain a supplementary recount if the partial recount included 50 percent or more but less than 75 percent of the total vote received by all candidates in the race or for the measure, as applicable, as shown by the original election returns, and as a result of the partial recount those grounds are satisfied, except that the percentage factor is two percent rather than 10 percent.[3]

”
—Texas Statutes, Sec. 212.053

The deadline to request a supplementary recount for elections involving candidates or a ballot measure is no later than 5:00 p.m. on the second day after receiving notice of the initial recount result.[7]


Expedited requested recounts:
Expedited recounts apply to races not covered by initial recount provisions. Click Show more to learn more about expedited recounts.

Show more

Candidates can request an expedited recount if a majority vote is required for their office or if voters cast a vote for more than two candidates for the office. Provisions regarding expedited requested recounts apply to offices in which a majority vote is required for nomination or election and where votes were cast for more than two candidates.[8] The deadline to request an expedited recount is either 2:00 p.m. on the third day after the election or 2:00 p.m. on the first day after the local canvass, whichever is later.[9]


All requested recounts:
The requester is responsible for costs associated with any requested recount. Costs are refunded to the requester if the request is rejected, withdrawn in a timely manner, or if the recount changes the election outcome. If the recount does not change the election outcome, the requester may still receive a refund if the amount paid was greater than the cost of the recount.[10][11] There is no set deadline for the completion of a requested recount.

For more information about automatic recount procedures in Texas, click here, and for requested recount procedures, click here.

Texas voting equipment

See also: Voting methods and equipment by state

Texas uses paper and Direct Recording Electronic (DRE) ballot systems for its elections. The state does not require a voter-verified paper audit trail (VVPAT) when conducting elections. According to the National Academy of Sciences, a voter-verified paper audit trail "consists of physical paper records of voter ballots as voters have cast them on an electronic voting system. In the event that an election recount or audit is called for, the VVPAT provides a supporting record."[12][13]

50-state overview of recount laws

The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.


50-state overview of requested recounts

The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.


See also

Footnotes

  1. ↑ Texas Constitution and Statutes, "211 to 216," accessed October 16, 2020
  2. ↑ Texas State Legislature, "Chapter 216," accessed Oct. 19, 2020
  3. ↑ 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ Texas Statutes, "Sec. 212.0241," accessed Oct. 19, 2020
  5. ↑ Texas Statutes, "Sec. 212.052," accessed Oct. 19, 2020
  6. ↑ Texas Statutes, "Sec. 212.051," accessed Oct. 19, 2020
  7. ↑ Texas Statutes, "Sec. 212.057," accessed Oct. 19, 2020
  8. ↑ Texas Statutes, "Sec. 212.081," accessed Oct. 19, 2020
  9. ↑ Texas Statutes, "Sec. 212.083," accessed Oct. 19, 2020
  10. ↑ Texas Statutes, "Sec. 215.003," accessed Oct. 19, 2020
  11. ↑ Texas Statutes, "Sec. 212.113," accessed Oct. 19, 2020
  12. ↑ Verified Voting, "The Verifier - Polling Place Equipment - Current," accessed August 1, 2018
  13. ↑ ProCon.org, "What Is a Voter Verified Paper Audit Trail (VVPAT)?" accessed December 2, 2016
  14. ↑ Citizens for Election Integrity Minnesota, "Arizona Recount Laws," accessed Nov. 16, 2020
  15. ↑ A court may order a recount under Arizona law.
  16. ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
  17. ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
  18. ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
  19. ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
  20. ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
  21. ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
  22. ↑ No mention in state law.
  23. ↑ No mention in state law.
  24. ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts.
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