State Summary
The Texas audit law was originally passed in 1987 and has since been amended several times, including in 2025. It requires “hand count election audits” (referred to as “hand count audits” below) in every election wherein electronic tabulators are used, as further described below. Additionally, effective September 1, 2026, a risk-limiting audit of one or more statewide races or measures is required in any election that has at least one statewide race or measure. Additional guidance regarding audits from the Texas Secretary of State is made in Election Advisory No. 2025-21, Election Advisory No. 2025-22, and the Post-Election Hand Count Audit Guide (Nov. 2025). Guidance regarding risk-limiting audits is anticipated.
Hand count audits in Texas include at least 1% of election day polling locations and 1% of early voting locations or in three election day polling locations and three early voting locations, whichever is greater, in each county. Counties that hand-count all ballots are exempt from this requirement. (As of 2025, three counties comprising about 5,300 registered voters hand-count all ballots.) A similar requirement exists for mail ballots: an audit is conducted of at least 1% of precincts in which a mail ballot was cast and counted using automatic tabulating equipment or at least three precincts, whichever is greater. All items on the ballot are audited, except in certain elections: general elections for state and county officers, primary elections, or any election with proposed state constitutional amendments or statewide ballot measures. In these elections, the secretary of state selects up to three contests and up to three ballot items. Tex. Elec. Code §127.201(a)–(b). The audit is not binding on the results.
In 2025, the state legislature passed S.B. 827, which established a risk-limiting audit (RLA) requirement (Tex. Elec. Code § 127.301–304) for elections held after August 31, 2026 that have at least one statewide race or measure. The secretary of state selects one or more races or measures for the RLA. This law amends S.B. 598 of 2021, which established a risk-limiting audit (RLA) pilot program beginning with the election taking place November 8, 2022, and would have required RLAs of exactly one statewide race or measure effective in 2026. The RLA requirement is in addition to the hand count audit requirement.
Unless otherwise specified, statutory references are to Tex. Elec. Code § 127.201 for the hand count audit and Tex. Elec. Code § 127.301–304 for the RLA.
Voting Systems Used
Most Texas counties use ballot marking devices (BMDs) and optical scanners for all voters. Others use hand-marked paper ballots, with either BMDs or direct recording electronic (DRE) voting machines without VVPAT for accessible curbside voting. For the most up to date information please visit Verified Voting’s Verifier.
For an explanation on the types of voting equipment used, click here.
Audit Comprehensiveness
The hand count audit is only conducted in voting locations using electronic voting systems with auditable paper ballots or records. See Tex. Elec. Code § 127.201(g). This audit thus excludes a few counties that hand-count all ballots, and excludes ballots cast on direct recording electronic (DRE) voting machines without voter-verified paper audit trail (VVPAT) printers, which a few counties use to provide accessible curbside voting. A 2025 election advisory makes clear that while ballots cast on DREs and hand-counted ballots are exempt from this audit, the following ballots are included: early voting in person ballots, early voting by mail ballots, and Election Day ballots. Tex. Elec. Code § 127.201(g); see also Election Advisory No. 2025-21 and Post-Election Hand Count Audit Guide (p. 1).
The 2025 revisions to the audit statute require auditing of election day polling locations, early voting locations, and mail ballots. Both the secretary of state and general custodian of election records may direct additional auditing. Tex. Elec. Code §§ 127.201(b-3), 127.202(a).
The risk-limiting audit explicitly applies to all counties “regardless of the method of counting voted ballots used by the county.” Tex. Elec. Code § 127.302(a-1). Thus, counties that hand-count their ballots are not exempt from the RLA.
Transparency
While candidates and their appointed representatives are allowed to observe the audit, there are no provisions that mention their ability to verify ballot marks. Tex. Elec. Code § 127.201(d). While appointed observers are allowed, there is no mention of the general public’s ability to attend, and no requirement for the time and location of the audit to be publicly announced.
Counties must publish the results of the hand count audit on the county website. Tex. Elec. Code § 127.201(e)(2).
Audit Counting Method
The hand count audit statute specifies a manual count. Tex. Elec. Code § 127.201(a). The risk-limiting audit statute is not explicit, but Texas RLA pilots have followed the standard definition in requiring manual inspection of paper ballots.
Type Of Audit Units
The hand count audit treats precincts/polling locations or early voting locations as the audit unit. Election Advisory No. 2025-21 allows counties optionally to audit all of their early voting by mail ballots, instead of only counting mail ballots for the selected precincts.
The RLA audit units are not defined in statute (although Tex. Elec. Code § 127.302(b) does reference selecting “the precincts to be counted”), but RLAs in Texas to date have been ballot polling audits in which individual ballots are the audit units.
Contests & Issues Audited
Two statutory provisions address which contests are to be audited in the hand count audit. The first, more general, provision requires that the general custodian of election records (generally, the county clerk, though in local elections conducting their own elections, it would refer to a local official) conduct an audit for all items on the ballot in the polling locations and precincts randomly selected by the custodian. However, for certain elections— general elections for state and county officers, primary elections, or any election with proposed state constitutional amendments or statewide ballot measures— the secretary of state selects “not more than three” contests and “not more than three” ballot items to be audited. Tex. Elec. Code § 127.201(b). The secretary of state also randomly selects the polling locations and precincts for audits of these elections.
The RLA statute specifies that the secretary of state shall select the (one or more) statewide races or measures to be audited.
Addressing Discrepancies
The hand count audit statute itself does not provide guidance on discrepancies that occur during the audit. Election Advisory No. 2012-03 from 2012 states that in the case of a discrepancy, an election official should continue the audit until the cause of the discrepancy was determined. The more recent Election Advisory No. 2025-21 requires that as part of a report on the audit election officials should explain any discrepancies and their efforts to resolve them. The Post-Election Hand Count Audit Guide (p. 19-20) details the process for investigating discrepancies found in the audit. The RLA statute likewise does not specify how discrepancies are resolved.
For recount laws, please visit our Recount Law Database.
Timeline
The hand count audit must begin within 72 hours after the polls close, and be completed not later than the 21st day after Election Day. However, in an election in which a statewide RLA is performed, the hand count audit instead begins no later than the first business day after the RLA is complete and must be completed no later than the 30th day after election day or a deadline designated by the secretary of state, whichever is later.
Moreover, Tex. Elec. Code § 127.302 was revised in 2025 to no longer require RLAs to be conducted prior to certification; the statute allows the secretary of state to determine the deadline for the RLA’s completion. Thus, Texas statute currently does not explicitly specify that either an RLA or a subsequent hand count audit must be completed before results are finalized.
Regarding optional audits by the secretary of state (see “Additional Targeted Samples”): “The count may be conducted at any time during the period for preserving the applicable precinct election records.” Tex. Elec. Code § 127.202(b).
Binding On Official Outcomes
The statute does not stipulate whether the results are binding upon the official election results. See also “Addressing Discrepancies.”
Oversight & Conduct
The secretary of state oversees the hand count audit, while the audit is conducted by the general custodian of election records (generally, the county elections official). Depending on the type of election, the precincts for audit are selected by the custodian or the secretary of state.
Ballot Protection
Ballot boxes must have a lock and key. When processing electronic voting system results, only the tabulation supervisor and their assistants may handle the ballots or operate the tabulation equipment. Tex. Elec. Code § 51.034; see also Tex. Elec. Code. § 127.127.
For the purposes of the audit, the general custodian of election records is authorized to access the ballot box or container containing election records. The records must be re-secured following the audit, and the general custodian of election records must track the chain of custody of ballot boxes, and document the breaking of any tamper evident seals used on ballot boxes. See Election Advisory No. 2025-21 and Post-Election Hand Count Audit Guide.
Additional Targeted Samples
The secretary of state may select additional ballots for the hand count audit: “any portion of any number of ballots from any precinct in which the electronic voting system was used” for auditing at their discretion. Tex. Elec. Code § 127.202(a).
Similarly, the general custodian of election records may select additional precincts and polling places to be audited. Tex. Elec. Code § 127.201(b-3).
Resources
Tex. Elec. Code § 127.201: Audit statute
Tex. Elec. Code § 127.202: Additional ballot audit statute
Tex. Elec. Code § 127.301–304: Risk-limiting audit statute
Election Advisory Nos. 2025-21 and 2025-22: Hand count audit advisories
Post-Election Hand Count Audit Guide (Nov. 2025)
Election Advisory No. 2012-03: Electronic voting system procedures
Last updated: September 30, 2026