ELECTION CODE
CHAPTER 67. CANVASSING ELECTIONS
§ 67.001. APPLICABILITY OF CHAPTER. This chapter
applies to each general or special election conducted in this
state.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 67.002. CANVASS OF PRECINCT RETURNS. (a) Except as
otherwise provided by law, the precinct election returns for each
election shall be canvassed by the following authority:
(1) for an election ordered by the governor or by a
county authority, the commissioners court of each county in which
the election is held; and
(2) for an election ordered by an authority of a
political subdivision other than a county, the political
subdivision's governing body.
(b) The canvass of precinct returns shall be conducted in
accordance with this chapter except as otherwise provided by this
code.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 67.003. TIME FOR LOCAL CANVASS. Each local canvassing
authority shall convene to conduct the local canvass at the time set
by the canvassing authority's presiding officer not earlier than
the eighth day or later than the 11th day after election day.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 22, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 1349, § 31, eff. Sept. 1, 1997; Acts 2003,
78th Leg., ch. 1315, § 42, eff. Jan. 1, 2004; Acts 2003, 78th
Leg., ch. 1316, § 17, eff. Sept. 1, 2003; Acts 2003, 78th Leg.,
3rd C.S., ch. 1, § 3, eff. Jan. 11, 2004.
§ 67.004. PROCEDURE FOR LOCAL CANVASS. (a) At the time
set for convening the canvassing authority for the local canvass,
the presiding officer of the canvassing authority shall deliver the
sealed precinct returns to the authority. The authority shall open
the returns for each precinct and canvass them as provided by this
section. Two members of the authority constitute a quorum for
purposes of canvassing an election.
(b) The canvassing authority shall prepare a tabulation
stating for each candidate and for and against each measure:
(1) the total number of votes received in each
precinct; and
(2) the sum of the precinct totals tabulated under
Subdivision (1).
(c) The canvassing authority may prepare the tabulation as a
separate document or may enter the tabulation directly in the local
election register maintained for the authority. The authority
shall attach or include as part of the tabulation the report of
early voting votes by precinct received under Section 87.1231.
(d) The canvassing authority may compare the precinct
returns with the corresponding tally list. If a discrepancy is
discovered between the vote totals shown on the returns and those
shown on the tally list for a precinct, the presiding judge of the
precinct shall examine the returns and tally list and make the
necessary corrections on the returns.
(e) On completion of the canvass, the presiding officer of
the canvassing authority shall deliver the tabulation to the
custodian of the local election register unless it is entered
directly in the election register. The custodian shall preserve
the tabulation for the period for preserving the precinct election
records.
(f) On completion of the canvass, the presiding officer of
the canvassing authority shall deliver the precinct returns, tally
lists, and early voting precinct report used in the canvass to the
general custodian of election records. The custodian shall
preserve them for the period for preserving the precinct election
records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 114, § 10, eff. Sept. 1, 1989; Acts
1991, 72nd Leg., ch. 203, § 1.01, 2.51; Acts 1991, 72nd Leg.,
ch. 554, § 22, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 728,
§ 23, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1349, §
32, eff. Sept. 1, 1997.
§ 67.005. DETERMINING OFFICIAL RESULT OF ELECTION NOT
CANVASSED AT STATE LEVEL. (a) Except as provided by Subsection
(b), the official result of an election that is not canvassed at the
state level is determined from the canvass of the precinct returns
conducted by the local canvassing authority.
(b) In an election in which there is more than one local
canvassing authority but no canvass at the state level, the
official result is determined in the manner prescribed by the law
providing for the election.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 67.006. LOCAL ELECTION REGISTER. (a) An election
register shall be maintained for each local canvassing authority.
(b) For each election, the election register must contain in
tabulated form the information required to appear in the tabulation
of precinct results prepared by the local canvassing authority.
(c) The general custodian of election records for the
elections canvassed by a local canvassing authority is the
custodian of the authority's election register.
(d) On receipt of the local canvassing authority's
tabulation of votes, the custodian shall make the appropriate
entries in the election register.
(e) The election register shall be preserved as a permanent
record.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 67.007. COUNTY ELECTION RETURNS. (a) For each
election for a statewide or district office, a statewide measure,
or president and vice-president of the United States, the county
clerk of each county in the territory covered by the election shall
prepare county election returns.
(b) The county election returns shall state, for each
candidate and for and against each measure, the total number of
votes received in the county as stated by the local canvassing
authority's tabulation of votes.
(c) The county clerk shall sign the county returns to
certify their accuracy.
(d) Not later than 24 hours after completion of the local
canvass, the county clerk shall deliver to the secretary of state,
in the manner directed by the secretary, the county returns in a
sealed envelope. The envelope shall be labeled: "Election Returns
for __________ (name) County, for __________(election)."
(e) The county clerk shall retain a copy of the county
returns for the period for preserving the precinct election
records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 67.008. SEPARATE COUNTY RETURNS FOR GOVERNOR AND
LIEUTENANT GOVERNOR. (a) In addition to the returns required by
Section 67.007, each county clerk shall prepare separate county
election returns of an election for the office of governor or
lieutenant governor that contain the same information as the
returns for those offices prepared under Section 67.007.
(b) The returns shall be delivered to the secretary of state
as provided by Section 67.007, except that the envelope shall be
labeled: "Returns of Election for Governor/Lieutenant Governor,
__________ (name)County, for __________(election)."
(c) The secretary of state shall retain the returns in their
sealed condition until the first day of the next regular
legislative session, when the secretary shall deliver the returns
to the speaker of the house of representatives.
(d) The county clerk shall retain a copy of the county
returns for the offices of governor and lieutenant governor for the
period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 67.009. FORMS AND INSTRUCTIONS FOR COUNTY
RETURNS. (a) Before each election for which county election
returns are required, the secretary of state shall deliver to each
county clerk in the territory covered by the election two copies of
the officially prescribed form for reporting county election
returns. The secretary shall also deliver two copies of the
official form for the separate returns for the offices of governor
and lieutenant governor, if applicable.
(b) With the delivery of the official county returns forms,
the secretary of state shall deliver:
(1) written instructions on the preparation and
delivery of the county election returns; and
(2) the officially prescribed envelopes for
delivering the returns to the secretary.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 67.010. COUNTY RETURNS CANVASSED BY
GOVERNOR. (a) The county election returns for an election for a
statewide office other than governor or lieutenant governor, a
statewide measure, a district office, or president and
vice-president of the United States shall be canvassed by the
governor.
(b) When this code refers to the presiding officer of the
final canvassing authority, the secretary of state is considered to
be the presiding officer when the final canvassing authority is the
governor.
(c) The canvass of county returns shall be conducted in
accordance with this chapter except as otherwise provided by this
code.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 18(a), eff. Sept. 1, 1987; Acts
1989, 71st Leg., ch. 163, § 1, eff. Sept. 1, 1989.
§ 67.011. COUNTY RETURNS CANVASSED BY
LEGISLATURE. (a) The county election returns for an election for
the office of governor or lieutenant governor shall be canvassed by
the legislature and the official result declared by the speaker of
the house of representatives in accordance with Article IV, Section
3, of the Texas Constitution.
(b) If a county's election returns are incomplete or
missing, the legislature may substitute the secretary of state's
tabulation for that county or may obtain the necessary information
from the county. On request of the legislature, the secretary of
state or the county shall promptly transmit the information to the
legislature by the most expeditious means available.
(c) On completion of the canvass, the speaker of the house
of representatives shall deliver the county returns to the
secretary of state, who shall retain them for the period for
preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 728, § 24, eff. Sept. 1, 1993.
§ 67.012. TIME FOR CANVASS BY GOVERNOR. (a) The
governor shall conduct the state canvass not earlier than the 15th
or later than the 30th day after election day at the time set by the
secretary of state.
(b) The secretary of state shall post, on the bulletin board
used for posting notice of meetings of state governmental bodies, a
notice of the date, hour, and place of the canvass at least 72 hours
before the canvass is conducted.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 6(a), eff. Sept. 1, 1987; Acts
1989, 71st Leg., ch. 163, § 1, eff. Sept. 1, 1989; Acts 1993,
73rd Leg., ch. 728, § 25, eff. Sept. 1, 1993.
§ 67.013. PROCEDURE FOR CANVASS BY GOVERNOR. (a) At
the time set for the state canvass, the secretary of state shall
deliver the county returns to the governor.
(b) The secretary of state shall prepare a tabulation
stating for each candidate and for and against each measure
required to be canvassed by the governor:
(1) the total number of votes received in each county;
and
(2) the sum of the county totals tabulated under
Subdivision (1).
(c) At the canvass of an election in which the office of
governor or lieutenant governor is voted on, the secretary of state
shall prepare a separate tabulation on the candidates for governor
and lieutenant governor, indicating for each candidate the
information required by Subsection (b).
(d) The governor shall certify the tabulations.
(e) The secretary of state shall retain the county election
returns used in the canvass and the tabulations for the period for
preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 163, § 1, eff. Sept. 1, 1989.
§ 67.014. DETERMINING OFFICIAL RESULT OF ELECTION
CANVASSED AT STATE LEVEL. The official result of an election
canvassed by the governor or by the legislature is determined from
the canvass of the county returns conducted by that authority.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 163, § 1, eff. Sept. 1, 1989.
§ 67.015. STATE ELECTION REGISTER. (a) An election
register shall be maintained for the governor.
(b) Except as provided by Subsection (e), for each election
the election register shall contain in tabulated form the
information required to appear in the tabulations of the county
results prepared by the secretary of state.
(c) The secretary of state is the custodian of the election
register for the governor.
(d) After each canvass conducted by the governor, the
secretary of state shall make the appropriate entries in the
election register.
(e) If a discrepancy exists between the legislature's
canvass of the election for governor or lieutenant governor and the
register entries pertaining to either of those offices that are
made from the secretary of state's tabulation, the secretary shall
make the entries in the register necessary to make it correspond to
the legislature's canvass.
(f) The election register shall be preserved as a permanent
record of the state.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 163, § 1, eff. Sept. 1, 1989.
§ 67.016. CERTIFICATE OF ELECTION. (a) After the
completion of a canvass, the presiding officer of the local
canvassing authority shall prepare a certificate of election for
each candidate who is elected to an office for which the official
result is determined by that authority's canvass.
(b) The governor shall prepare a certificate of election for
each candidate who is elected to an office for which the official
result is determined by the canvass conducted by the governor.
(c) A certificate of election must contain:
(1) the candidate's name;
(2) the office to which the candidate is elected;
(3) a statement of election to an unexpired term, if
applicable;
(4) the date of the election;
(5) the signature of the officer preparing the
certificate; and
(6) any seal used by the officer preparing the
certificate to authenticate documents that the officer executes or
certifies.
(d) After the canvass of a presidential election, the
secretary of state shall prepare a certificate of election for each
presidential elector candidate who is elected.
(e) The authority preparing a certificate of election shall
promptly deliver it to the person for whom it is prepared, subject
to Section 212.0331.
(f) A certificate of election may not be issued to a person
who has been declared ineligible to be elected to the office.
(g) This section does not apply to the offices of governor
and lieutenant governor.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 163, § 2, eff. Sept. 1, 1989; Acts
2001, 77th Leg., ch. 1144, § 1, eff. Sept. 1, 2001.
§ 67.017. REPORTING PRECINCT RESULTS TO SECRETARY OF
STATE. (a) After each election for a statewide office or the
office of United States representative, state senator, or state
representative, the county clerk shall prepare a report of the
number of votes, including early voting votes, received in each
county election precinct for each candidate for each of those
offices. In a presidential election year, the report must include
the number of votes received in each precinct for each set of
candidates for president and vice-president of the United States.
(b) The county clerk shall deliver the report to the
secretary of state not later than the 30th day after election day.
(c) The report may be:
(1) a transcribed or photographic copy of the precinct
returns;
(2) a transcribed or photographic copy of the
tabulation prepared by the local canvassing authority; or
(3) in any other form approved by the secretary of
state.
(d) The secretary of state shall preserve a report received
under this section for 10 years unless the secretary prepares a
written tabulation of the information contained in the report
received. In that case, the secretary shall preserve the original
report for two years and the tabulation for 10 years after receipt
of the original report.
(e) After the applicable preservation period prescribed by
Subsection (d) expires, the secretary of state shall transfer the
report or tabulation to the state library.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 2(c), eff. Sept. 1, 1987; Acts
1989, 71st Leg., ch. 114, § 11, eff. Sept. 1, 1989; Acts 1991,
72nd Leg., ch. 203, § 2.52; Acts 1991, 72nd Leg., ch. 554, §
23, eff. Sept. 1, 1991.
