Election Advisory No. 2019-25
| To: | All Cities, School Districts, and Other Political Subdivisions |
|
| From: | Keith Ingram, Director of Elections |
 |
| Date: | October 25, 2019 | |
| RE: | Canvass and Recount Deadlines for November 5, 2019 Uniform Election Date | |
This deadline memo is designed to be read together with the recount outline on our website.
Below are the deadlines for filing a recount for local elections of cities, school districts and other political subdivisions for elections occurring on the November 5, 2019 uniform election date. Please note that there are two sets of recount filing deadlines. Which set of deadlines applies to you is based on the method of election (i.e., majority or plurality).
The deadline for filing a recount depends on the date the election is canvassed. You cannot canvass your election until the early voting ballot board has convened and (1) all provisional ballots; and (2) all military, overseas, and other authorized late-arriving ballots have been counted or otherwise resolved. The last day to receive a ballot from an overseas or military voter is Tuesday, November 12, 2019. The last day for the early voting ballot board to convene and count provisional and overseas ballots is Thursday, November 14, 2019. (65.051, 67.003, 86.007(d)(3), & 87.125).
The November 5, 2019 election must be canvassed no earlier than the third day after the election, Friday, November 8, 2019 (if there are no overseas or provisional ballots), and no later than the eleventh day after the election. Because the eleventh day falls on a weekend, the deadline is extended to the next business day, Monday, November 18, 2019. (1.006 & 67.003).
Deadlines for Regular Recount Requests
If your entity elects:
- By plurality (a candidate must receive more votes than any other candidate for office to win)
OR
- There were only two candidates in the race (even if your entity does not elect by plurality)
THEN the deadline to file for a recount is THE LATER of these two dates:
- 5:00 p.m. of the 5th day after election day
OR
- 5:00 p.m. of the 2nd day after the canvass of the election
(212.028, 212.081, 212.083).
Please note that candidates are elected by plurality vote unless the law specifically provides otherwise (e.g., statute, home-rule charter, court order). (2.001).
If these criteria apply to your entity, then for the November 5, 2019 election, the following dates apply:
Canvass Date |
Recount Request Deadline (Regular): |
|---|---|
Friday, November 8, 2019 |
5:00 p.m., Tuesday, November 12, 2019 (Sec. 1.006) |
Saturday, November 9, 2019 |
5:00 p.m., Monday, November 12, 2019 (Sec. 1.006) |
Sunday, November 10, 2019 |
5:00 p.m., Tuesday, November 12, 2019 |
Monday, November 11, 2019 |
5:00 p.m., Wednesday, November 13, 2019 |
Tuesday, November 12, 2019 |
5:00 p.m., Thursday, November 14, 2019 |
Wednesday, November 13, 2019 |
5:00 p.m., Friday, November 15, 2019 |
Thursday, November 14, 2019 |
5:00 p.m., Monday, November 18, 2019 (Sec. 1.006) |
Friday, November 15, 2019 |
5:00 p.m., Monday, November 18, 2019 (Sec. 1.006) |
Saturday, November 16, 2019 |
5:00 p.m., Monday, November 18, 2019 |
Sunday, November 17, 2019 |
5:00 p.m., Tuesday, November 19, 2019 |
Monday, November 18, 2019 |
5:00 p.m., Wednesday, November 20, 2019 |
Deadlines for Expedited Recount Requests
IF your entity elects:
- By majority vote (a candidate must receive more than half of the votes cast in the election to win)
AND
- There were more than two candidates in the race
THEN the deadline to file for a recount is THE LATER of these two dates:
- 2:00 p.m. of the third day after election day
OR
- 2:00 p.m. of the first day after the date of the canvass of the election, unless this deadline falls on a Saturday, Sunday, or legal state holiday, in which case, the deadline is extended to 10:00 a.m. of the next business day. (212.088).
If these criteria apply to your entity, then for the November 5, 2019 election, the following dates apply:
Canvass Date |
Recount Request Deadline (Expedited): |
|---|---|
Friday, November 8, 2019 |
10:00 a.m., Tuesday, November 12, 2019 (Sec. 212.088) |
Saturday, November 9, 2019 |
10:00 a.m., Tuesday, November 12, 2019 (Sec. 212.088) |
Sunday, November 10, 2019 |
10:00 a.m., Tuesday, November 12, 2019 (Sec. 212.088) |
Monday, November 11, 2019 |
2:00 p.m., Tuesday, November 12, 2019 |
Tuesday, November 12, 2019 |
2:00 p.m., Wednesday, November 13, 2019 |
Wednesday, November 13, 2019 |
2:00 p.m., Thursday, November 14, 2019 |
Thursday, November 14, 2019 |
2:00 p.m., Friday, November 15, 2019 |
Friday, November 15, 2019 |
10:00 a.m., Monday, November 18, 2019 (Sec. 212.088) |
Saturday, November 16, 2019 |
10:00 a.m., Monday, November 18, 2019 (Sec. 212.088) |
Sunday, November 17, 2019 |
2:00 p.m., Monday, November 18, 2019 |
Monday, November 19, 2019 |
2:00 p.m., Tuesday, November 19, 2019 |
Note About Joint Canvassing Authorities
Section 271.011 of the Election Code authorizes a joint canvassing authority. If your joint election agreement designated a joint canvassing authority, please be advised that Section 212.026(b) of the Code requires the recount petition to be filed with the presiding officer of your regular canvassing authority.
Reminder on Tie Votes and Automatic Recounts
Please note that even though recounts can be requested by candidates based on unofficial returns, the automatic recount based on a tie pursuant to Section 2.002 (plurality vote) should be based on the official canvassed returns.
In a race requiring a majority vote, the candidates in a runoff are the “top two” candidates (based on the official canvassed returns); either the two with the highest and second-highest number of votes, or the two who tie for the highest number of votes. The Code provides that an automatic recount will be conducted in other (rare) circumstances (for example, a three-way tie for highest vote, or a tie for the second-highest vote). [Sec. 2.023]
If you need additional assistance, you may contact the Elections Division toll-free at 1-800-252-VOTE(8683).
CC: County Clerks/Elections Administrators
KI:JG
