Election Advisory No. 2024-15
| To: | County Election Officials and County Chairs of Political Parties | |
| From: | Christina Worrell Adkins, Director of Elections |
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| Date: | May 27, 2024 | |
| RE: | Canvass and Recount Deadlines for the May 28, 2024 Primary Runoff Elections | |
Canvass Dates
All statutory references in this advisory are to the Texas Election Code (“the Code”), unless otherwise indicated.
The county chair or the county chair’s designee and, if available, at least one member of the county executive committee must conduct the local canvass on Thursday, June 6, 2024 at the hour specified by the county chair. If a designee will conduct the canvass on behalf of the county chair, then that designee must be a member of the county executive committee, or if no member of the county executive committee is available, then the designee must be a resident of the county served by the committee who is affiliated with the same political party. Tex. Elec. Code § 172.116.
The notice of the canvass must include the date, time, and location of the canvass and must be posted on the county party website or on the commissioners court bulletin board if the party does not maintain a website. This notice should be posted no later than Monday, June 3, 2024 in order to meet the posting requirements. Tex. Elec. Code § 172.116.
The certification of the final local canvass must be submitted through the TEAM system. Detailed information and procedures for the certification of the local canvass will be provided to county officials. The final local canvass is concluded when the county chair digitally certifies the canvass report on the Secretary of State’s website. The state chair must canvass the county election returns no later than Saturday, June 15, 2024 for all races. Tex. Elec. Code § 172.120.
The county election officials may begin entering county data into TEAM following the submission of all election night returns (ENR). Our office will notify county election officials when canvassing is open for data entry. Reporting of county data may begin as early as Wednesday, May 29, 2024 if there are no outstanding provisional ballots or ballots by mail. Otherwise, the county election officials should plan on beginning this process no later than Monday, June 3, 2024. All county data entry should be entered no later than Thursday, June 6, 2024.
Recount Filing Deadlines
The deadline for requesting a recount is 5:00 PM of the third business day after the final canvass is actually conducted. Tex. Elec. Code § 212.028. For all county and precinct races, the final canvass is the local canvass. For all district (including single county districts), federal, and statewide races, the final canvass is the state canvass. Tex. Elec. Code § 212.028.
County and Precinct Races:
| Local Canvass | Filing Deadline |
|---|---|
| Thursday, June 6, 2024 | 5:00 p.m. Tuesday, June 11, 2024 |
Statewide and District Races:
The deadline to request a recount for a statewide or district office is 5:00 PM of the third business day after the final canvass. Tex. Elec. Code 212.028(a). The deadline for the state executive committee to conduct the state canvass is Saturday, June 15, 2024. Tex. Elec. Code § 172.120.
Contact the state executive committee for more information about when their scheduled canvass will be taking place.
Filing Authority
The filing authority for a recount petition for a statewide or district office is the state chair, and for a county or precinct office, the filing authority is the county chair. Tex. Elec. Code § 212.026.
Reminder on Tie Votes and Automatic Recounts
If the candidates in a runoff election tie, an automatic recount shall be conducted. Tex. Elec. Code 2.028(a).
A tying candidate may resolve the tie by filing with the presiding officer of the final canvassing authority a written statement of withdrawal signed and sworn to by the candidate. Tex. Elec. Code §2.028(c). If the statement of withdrawal is received by the presiding officer of the final canvassing authority before the automatic recount is conducted, the remaining candidate is the winner, and the automatic recount is not conducted. If the statement of withdrawal is received not later than 5 p.m. the day after the date the automatic recount is conducted, the remaining candidate is the winner, and a casting of lots is not held. If there is no withdrawal and if the recount does not resolve the tie, the tied candidates shall cast lots to determine the winner. Tex. Elec. Code 2.028(a). The presiding officer of the final canvassing authority shall supervise the casting of lots under this section. 2.028(b).
Please note that Section 2.023 applied to the March 5, 2024 primary; Section 2.028 applies to the May 28, 2024 primary runoff. The sequence of events is slightly different in each section.
For additional information on recounts, such as petition requirements and deposit calculations, please see the recount outline and forms posted on our website.
If you need additional assistance, you may contact the Elections Division toll-free at 1-800-252- VOTE (8683).
CA:HM:JG
