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Election Advisory No. 2022-33

To:	County Election Officers (County Clerks/Elections Administrators/Tax Assessors- Collectors)
From:	Keith Ingram, Director of Elections
Date:	November 3, 2022
RE:	Canvass and Recount Deadlines for the November 8, 2022 General Election for Federal, State, and County Officers

This advisory is designed to be read together with the recount outline on our website. The recount forms can be downloaded from our website; alternatively, you may contact our office and request that the outline and forms be sent directly to you.

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

Canvass Dates

For all county and precinct races, the final canvass is the local canvass. (Tex. Elec. Code § 67.005). The local canvass for the November 8, 2022 General Election must be held not earlier than the third day after election day (Friday, November 11, 2022) and not later than the fourteenth day after election day (Tuesday, November 22, 2022).

The canvass cannot occur until the early voting ballot board has verified and counted all provisional ballots (if a provisional ballot has been cast in the election), the deadline for a voter to come to the early voting clerk’s office to correct certain defects on their carrier envelope, or the date on which all timely received late-arriving ballots, including next business day, military and overseas ballots, are counted. See summary of late-arriving ballots below. (Tex. Elec. Code § 67.003).

The county election returns for an election for the office of Governor or Lieutenant Governor are canvassed by the legislature and the official result declared by the speaker of the house of representatives in accordance with Article IV, Section 3, of the Texas Constitution. (Tex. Elec. Code §67.011(a)).  If a county’s election returns are incomplete or missing, the legislature may

substitute the Secretary of State’s tabulation for that county or may obtain the necessary information from the county. (Tex. Elec. Code §67.011(b)). Instructions for the submission of the legislative canvass requirements will be provided immediately following the election.

For all district (including single county districts), federal, and statewide races, the final canvass is the state canvass. (Tex. Elec. Code § 67.010). The state canvass for the November 8, 2022 General Election must be held no earlier than the 18th day after election day (Saturday, November 26, 2022) and no later than the thirty-third day after election day (Monday, December 12, 2022, as the thirty-third day falls on a Sunday). (Tex. Elec. Code §§ 1.006, 67.012).

Recount Deadlines

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 counted all provisional and various late-arriving ballots. (Tex. Elec. Code §§ 67.003, 86.007, 101.057).

All ballots received by 7:00 p.m. on election day must be counted on election day. However, you may count a “late domestic ballot” from a non-military voter or a military voter using an ABBM (not an FPCA) that arrives no later than 5:00 p.m. on the day after election day (November 9, 2022) if it bears a cancellation mark of the postal service or a receipt mark of a common or contract carrier or a courier not later than 7:00 p.m. on November 8, 2022. The last day to receive a ballot from an overseas non-military voter using an FPCA is five days after the election, which is Monday, November 14, 2022 (as the fifth day falls on a Sunday). The last day to receive a ballot from a military voter using an FPCA is the sixth day after the election, which is Monday, November 14, 2022. The last day a voter may come in person to the early voting clerk’s office to correct certain defects on their carrier envelope is the sixth day after the election, which is Monday, November 14, 2022. (Tex. Elec. Code §§ 87.0271, 87.0411). The last day for the early voting ballot board to convene and count “late domestic ballots,” provisional, and overseas ballots is the thirteenth day after the election, which is Monday, November 21, 2022. (Tex. Elec. Code §§ 65.051, 86.007(a)(2), 86.007(d)(3), 87.125, 101.057).

Deadlines for Regular Recount Requests

The deadline to request a recount for a county or precinct office on the November 8, 2022 General Election ballot is 5:00 p.m. of the second day after the canvass is conducted. (Tex. Elec. Code § 212.028).

Below are the canvass dates and the deadlines for filing a recount in county and precinct races. Please note that if the last day for performance of an act is a Saturday, Sunday, or legal state or national holiday, such as the Thanksgiving Day national holiday on November 24, 2022 and the day after Thanksgiving Day which is a state holiday, Friday, November 25, 2022 the act is timely if performed on the next regular business day, except as otherwise provided by the Code. (Tex. Elec. Code § 1.006).

The deadline to request a recount for a statewide or district office is 5:00 p.m. of the second day after the final state canvass. (Tex. Elec. Code § 212.028). The final state canvass date for the general election has not been set at press time, so those deadlines cannot yet be determined.

Recount deadlines for elections conducted by cities, schools and other political subdivisions on November 8, 2022 are addressed in Advisory 2022-32.

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 . For more details, please see our Recount Outline and post-election advisory.

If you need additional assistance, you may contact the Elections Division toll-free at 1-800-252- VOTE (8683).

KI:HM