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Election Advisory No. 2024-33

To:	County Election Officials
From:	Christina Worrell Adkins, Director of Elections
Date:	October 30, 2024
RE:	Canvass and Recount Deadlines for the November 5, 2024 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 5, 2024 uniform election must be held not earlier than the third day after election day (Friday, November 8, 2024) and not later than the 14th day after election day (Tuesday, November 19, 2024).

The canvass cannot occur until the early voting ballot board has: (1) qualified and counted all provisional ballots, if a provisional ballot has been cast in the election; (2) counted all timely received late-arriving ballots, including next business day, military and overseas ballots; and (3) counted all ballots contained in previously defective carrier envelopes which were corrected by voters by the required deadline. See summary of late-arriving ballots below. (Tex. Elec. Code § 67.003).

For all district (including single-county districts), federal, and statewide races, the state canvass is the final canvass. (Tex. Elec. Code § 67.010). The state canvass for the November 5, 2024 General Election must be held no earlier than the 18th day after election day (Saturday, November 23, 2024) and no later than the 33rd day after election day (Monday, December 9, 2024). Since the actual deadline (the 33rd day) falls on a Sunday, the deadline is moved to the next business day. (Secs. 1.006, 67.012).

Recount Deadlines

The deadline for filing a recount depends on the date the election is actually canvassed. You cannot canvass your election until the early voting ballot board has convened and counted all provisional ballots, ballots contained in previously defective carrier envelopes which were corrected by voters by the required deadline, 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 voter using an Application for Ballot by Mail (“ABBM”) (not a Federal Post Card Application (“FPCA”)) that arrives no later than 5:00 p.m. on the next business day after election day (Wednesday, November 6, 2024) 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 5, 2024.

The last day to receive a ballot from an overseas non-military voter using an FPCA is Tuesday, November 12, 2024. The last day for these ballots is usually five days after the election. But because the fifth day after the election is a Sunday, and because the Monday after that is Veterans Day (a federal holiday), the deadline is extended to the next regular business day. (Secs. 1.006, 86.007(d-1), 101.057(b)).

The last day to receive a ballot from a military voter using an FPCA is Tuesday, November 12, 2024. The last day for these ballots is usually six days after the election. But because the sixth day after the election is Veterans Day (a federal holiday), the deadline is extended to the next regular business day. (Secs. 1.006, 86.007(d-1), 101.057(b)).

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 also Tuesday, November 12, 2024. The last day for corrective action is usually the sixth day after the election. However, because the sixth day after the election is Veterans Day (a federal holiday), the deadline is extended to the next regular business day. (Secs. 1.006, 86.007(d-1), 101.057(b)).

The last day for the early voting ballot board to convene and count “late domestic ballots,” provisional ballots, overseas ballots, and ballots contained in previously defective carrier envelopes which were corrected by voters by the required deadline is the 13th day after the election, which is Monday, November 18, 2024. (Tex. Elec. Code §§ 65.051, 67.003, 86.007(a)(2), 86.007(d)(3), 87.125, 101.057).

Deadlines for Regular Recount Requests [Senate Bill 825 (88th Leg., RS, 2023)]

The deadline to request a recount for a county or precinct office on the November 5, 2024 General Election ballot is 5:00 p.m. of the third business 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.

The deadline to request a recount for a statewide or district office is 5:00 p.m. of the third business 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 5, 2024 are addressed in Election Advisory No. 2024-34.

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).

CA:JG