Texas

State Summary

Texas statute provides for an automatic recount only if an election for an office results in a tie. Initial recounts are available to all candidates, except those for whom a majority vote is required and for which voters cast votes for more than two candidates for the office. Candidates may also apply for an expedited recount if a majority is required and if votes were cast for more than two candidates. Recounts must be requested no later than two days following the canvass. If 25 eligible voters jointly file, they may request initial and supplementary recounts for ballot measures, so long as the difference in the number of votes is less than 10% of the total votes on the measure, there were counting errors, or the total number of votes received for and against the measure is fewer than 1,000. For automatic recounts in the case of a tie vote, the counting method is the same as that used for the election that resulted in the tie vote. For candidate and voter-initiated recounts, the initiator may choose the counting method.

Counting Method

Mix of hand count, retabulation and electronic review
Counting method chosen by initiator

For automatic recounts in the case of a tie vote, the counting method is the same as that used for the election that resulted in the tie vote. Tex. Elec. Code § 216.004. For candidate and voter-initiated recounts, the initiator may choose the counting method. Unless a different counting method is requested by the petitioner, ballots are counted electronically using the same program as the original count. Tex. Elec. Code § 214.042(c). Besides choosing a manual recount, a person requesting a recount of electronic voting system ballots may choose an electronic recount using the same program as the original count or an electronic recount using a “corrected program.” Tex. Elec. Code § 214.042. If, after a program test, the initiator is dissatisfied with the program or equipment, they may request an alternative counting method. Tex. Elec. Code § 214.048. An electronic recount using a corrected program takes precedence over an electronic recount using the same program as the original count. Texas Secretary of State, Procedures to Request and Conduct a Recount.

The same counting method must be used in all precincts included in the recount. Tex. Elec. Code § 214.042(b). If two petitions for a recount are submitted for the same office and one petitioner requests the recount be done by hand, the recount is conducted by hand. See Tex. Elec. Code § 212.005(d).

Initiating Mechanisms

Close vote margin
Candidate-initiated
Voter-initiated

Close Vote Margin Options

Tie vote only
Initiated automatically

Texas allows for an automatic recount only if an election for an office results in a tie. There are no automatic recounts for any other close vote margins. See Tex. Elec. Code § 216.001. In an election requiring a plurality, if two or more candidates tie, an automatic recount is conducted before a second election can be held, unless the tying candidates cast lots or one of them withdraws. Tex. Elec. Code § 2.002. In an election requiring a majority, if more than two candidates tie for the highest number of votes, or if two or more candidates tie for the second highest number of votes, an automatic recount is conducted to determine who will be the runoff candidates. Tex. Elec. Code § 2.023(b)–(c).

For purposes of initiating an automatic recount, the authority designated under Tex. Elec. Code § 212.026 orders the recount. Tex. Elec. Code § 216.003.

In an election requiring a plurality, no later than the fifth day after the date the automatic recount (or the final) is completed the authority responsible for ordering the first election must order the second election, which must be held no earlier than the 20th day and no later than the 45th day after the date the automatic recount (or the final canvass) is completed. Tex. Elec. Code § 2.002(b). In an election requiring a majority, the authority responsible for ordering the main election must order the runoff no later than the fifth day after the date the final canvass of the main election is completed. Tex. Elec. Code § 2.024; see also Tex. Elec. Code § 216.

Notice must be given at least 18 hours before a recount begins, though a recount may begin sooner if each person entitled to the notice agrees to begin at a specified earlier time. Tex. Elec. Code § 213.009; § 213.010.

Candidate-Initiated Options

Close vote margin required
Candidate determines how many/which precincts to recount

Texas law distinguishes between three different types of recounts for which a candidate may apply: initial, supplementary, and expedited. Initial recounts are available to all candidates, except those for whom a majority vote is required for office and for which voters cast votes for more than two candidates for the office. See Tex. Elec. Code § 212.081. For these exceptions, candidates may apply for an expedited recount (see “Expedited Recounts” below for details). Additionally, there are different requirements for presidential recounts in both primary and general elections.

If the election requires a plurality vote (or majority vote but there are only two candidates) the deadline for submitting a recount petition is 5 p.m. on the third business day after the canvass. Tex. Elec. Code § 212.028(a). For expedited recounts, when a majority is required and there were more than two candidates, the deadline for submitting a recount petition is 2:00 p.m. on the second day after the canvass. Tex. Elec. Code § 212.083.

Initial Recounts
An initial recount is the first recount that takes place. See Tex. Elec. Code § 212.022. If the initial recount is partial, as defined by statute, and does not cover all votes cast for the office, a supplementary recount may be requested. See Tex. Elec. Code § 212.052. For those precincts in which DREs or optical ballot scanners are used, any losing candidate may request a recount of the electronic voting system results without showing grounds and without a close vote margin. Tex. Elec. Code § 212.0241. When a petition is approved for a partial initial recount in election precincts in which paper ballots were used (as of 2024: almost every county), any opposing candidate may have the remaining election precincts in which paper ballots were used included in the initial recount. Tex. Elec. Code § 212.035(a); § 212.052. The requirements and restrictions for initial recounts depend on the office recounted as well as the type of voting system used in the requested precinct.

A candidate for nomination or election to an office may obtain an initial recount in an election in which the person was a candidate if:
“(1) the difference in the number of votes received by the candidate and any candidate for the office who is shown by the election returns to be nominated, elected, or entitled to a place on a runoff ballot or tied for nomination, election, or entitlement to a place on a runoff ballot is less than 10 percent of that candidate's number of votes;
(2) the candidate is shown by the election returns to be entitled to a place on a runoff ballot or tied for nomination, election, or entitlement to a place on a runoff ballot;
(3) the secretary of state certifies that counting errors affecting the election occurred in one or more election precincts in which paper ballots were used, as provided by Section 212.034; or
(4) the total number of votes received by all candidates for the office is less than 1,000 as shown by the election returns.” Tex. Elec. Code § 212.022; see also Tex. Elec. Code § 212.0231 (primary elections).

Candidates who allege that errors occurred during the initial canvass may request a recount if, with their application, they submit signed affidavits from one or more election judges that allege counting errors. Tex. Elec. Code § 212.034(a). Other candidates must be notified of the petition and are allowed the opportunity to likewise submit contradicting affidavits. Tex. Elec. Code § 212.034(c). The secretary of state may order a recount on the ground of counting errors, but not if the facts are disputed or raise unresolved legal questions as to whether counting errors occurred. See Tex. Elec. Code § 212.034(d).

Petitions for an initial recount must be submitted by 5 p.m. of the third business day after the date the canvassing authority completes its canvass. Tex. Elec. Code § 212.028.

Supplementary Recounts
Supplementary recounts may take place if an initial recount is only a partial recount and there are precincts for a given office that have not yet been recounted. See Tex. Elec. Code § 212.053. These recounts are available only if the results of the partial recount fit certain criteria. See Tex. Elec. Code § 212.053. Supplementary recounts take place only for those precincts using paper ballots (as of 2024, is nearly every precinct in the state). Tex. Elec. Code § 212.052.

Supplementary recount applications must be submitted no later than 5 p.m. on the second day after the date the applicant receives notice of the initial recount result. Tex. Elec. Code § 212.056(a); see also 213.032; 213.056. The deadline is the same for ballot measures. See Tex. Elec. Code § 212.056(b).

Expedited Recounts
Candidates may apply for an expedited recount if a majority vote (not a plurality) is required for the nomination or election to the office and if votes were cast for more than two candidates. Tex. Elec. Code § 212.081. Expedited recounts are initiated by petitions submitted and processed in accordance with Subchapter B (Initial Recounts). Tex. Elec. Code § 212.082.

The deadline for submitting an expedited recount petition is 2 p.m. on the second day after the date of the local canvass. Tex. Elec. Code § 212.083.

Voter-Initiated Options

Close vote margin required
Voters determine how many/which precincts to recount
Voters may request recounts for offices
Voters may request recounts for initiatives/questions

Voters may request initial and supplementary recounts for ballot measures if the difference in the number of votes received for and against the measure is less than 10% of the total number of votes received on the measure, the secretary of state certifies that counting errors occurred in one or more election precincts in which paper ballots were used (nearly every precinct as of 2024), or the total number of votes received for and against the measure is less than 1,000. Tex. Elec. Code § 212.024(a). Under certain circumstances, voters may also request a recount for presidential primaries. See Tex. Elec. Code § 212.0231.

Ballot measure recounts require a minimum of 25 eligible voters to jointly file the recount request. See Tex. Elec. Code § 212.024. (The campaign treasurer of a specific-purpose political committee that was involved in the election may also petition for a recount.) If the initial recount is partial, as defined by statute, and does not cover all votes cast for the office or measure at hand, a supplementary recount may also be requested. Tex. Elec. Code § 212.053.

Petitions for initial recounts must be submitted by 5 p.m. on the third business day after the date the canvassing authority completes its canvass. Tex. Elec. Code § 212.028. An application for a supplementary recount on a ballot measure must be submitted no later than 5 p.m. on the second day after the notice of the initial recount result was given to the person selected to receive notice of the petition's approval. Tex. Elec. Code § 212.056.

Cost for Candidate-Initiated Recounts

Paid entirely by initiator
Payor of costs depends on outcome

Recount petitioners must pay a deposit before the recount begins. The amount of the recount deposit is $60 for each election day polling location or precinct, whichever results in a smaller amount, in which regular paper ballots were used; and $100 for each election day polling location or precinct, whichever results in a smaller amount, in which an electronic voting system was used. Tex. Elec. Code § 212.112.

Whether the votes are recounted by hand, retabulated, or electronically reviewed, the full costs of the recount are assessed against the initiator unless the recount changes the outcome of the election. Tex. Elec. Code § 215.003; 215.004. There are additional circumstances under which a deposit would be returned, such as rejection or withdrawal of the petition (Tex. Elec. Code § 212.113), or if the deposit exceeds the assessed costs. Tex. Elec. Code § 215.004(b).

The costs of automatic recounts are paid by the political subdivisions or county executive committees. Tex. Elec. Code § 216.005.

Cost for Voter-Initiated Recounts

Paid entirely by initiator
Payor of costs depends on outcome

Whether the votes are recounted by hand, retabulated, or electronically reviewed, the full costs of the recount are assessed against the initiator unless the recount changes the outcome of the election. Tex. Elec. Code § 215.003 and 215.2004. There are also additional circumstances under which a deposit would be returned, such as rejection or withdrawal of the petition (Tex. Elec. Code § 212.113), or if the deposit exceeds the assessed costs (Tex. Elec. Code § 215.004(b)).

Challengers and Observers

Party/candidate/initiator may appoint observers, no guidance on challengers

Recount petitioners and political parties are entitled to have watchers present for each counting team in the recount. Anyone entitled to be present at a recount is entitled to observe any activity conducted in connection with the recount. Tex. Elec. Code § 213.013(h). Watchers have the same rights, duties, and privileges of poll watchers. Id. Observation of the recount by the public is prohibited. Tex. Elec. Code § 213.015.

Rules for Determining Voter Intent

See Tex. Elec. Code § 65.009 and 64.003–64.006 for rules for determining voter intent. The chair of a recount committee has the same authority as an election judge to interpret a voter's mark on a ballot and make a determination on whether it will be counted. Tex. Elec. Code § 213.006; see also Texas Secretary of State, Handbook for Election Judges and Clerks (2024).

Resources

Additional Resources

Texas Secretary of State, Procedures to Request and Conduct a Recount
Handbook for Election Judges and Clerks

Last updated: October 17, 2024

TexasRecount Laws