How to File for a Campaign Race Recount in Texas
A Step-by-Step Guide for Candidates and Election Participants
Introduction
If you believe there were errors in the vote count for a campaign race in Texas, state law allows candidates and certain other individuals to request a recount. The process is governed by the Texas Election Code and has specific deadlines and requirements. This guide outlines the steps you need to follow to file for a recount in Texas.
1. Determine Eligibility for a Recount
- Who can request a recount: Candidates, political party chairs, or, in some cases, voters can request a recount depending on the type of race and the margin of victory.
- Margin requirements: The margin between candidates or choices must fall within certain thresholds for an automatic recount or for the requester to avoid paying all costs. Review the Texas Election Code or consult your county election office for specifics.
2. Gather Required Information
- Identify the office or measure you are contesting.
- Obtain the official election results and determine the vote margin.
- Collect all necessary documentation, such as your candidate filing information or proof of eligibility to request the recount.
3. Prepare the Recount Petition
- The petition must be in writing and include your name, the office or measure, and a statement requesting a recount.
- Specify the precincts or voting locations to be recounted or request a recount of all ballots cast in the race.
- Sign and date the petition.
4. File the Petition with the Appropriate Authority
- Submit your petition to the election authority responsible for the race (e.g., county clerk, elections administrator, or the Texas Secretary of State for statewide races).
- File the petition within the statutory deadline—often within 24 to 48 hours after the official canvass of votes or as specified by law.
5. Pay the Required Deposit
- Texas law requires a deposit to cover the estimated cost of the recount unless the margin is extremely close (triggering a free recount under certain circumstances).
- The deposit amount depends on the number of precincts and ballots involved. The election authority will provide the required amount and payment method.
6. Await the Recount Process
- Once filed and the deposit is paid, the election authority will schedule the recount.
- You may have the right to observe the recount or appoint representatives to do so.
- The recount will be conducted according to Texas law and may involve hand counting or machine recounting, depending on the voting method used.
7. Review and Respond to Recount Results
- The election authority will certify the recount results.
- If the recount changes the outcome, the new results will be made official.
- If you disagree with the recount outcome, you may have additional legal remedies, such as filing an election contest in court.
Additional Tips
- Consult the Texas Secretary of State’s website or your local county election office for detailed forms, deadlines, and guidance.
- Consider seeking legal advice, especially for close or contested races.
- Keep copies of all documents and correspondence related to your recount request.
Resources
- Texas Secretary of State – Recount Procedures
- Texas Secretary of State Official Website
- Your local county elections office website