Sec. 212.031. FINAL ACTION ON PETITION. (a) If a recount petition complies with the applicable requirements, the recount coordinator shall approve the petition and note on the petition its approved status and the date of the approval. The recount coordinator shall immediately notify the recount supervisor of the approval. The recount supervisor shall, with the written approval of the recount coordinator, order the recount to be held on the later of the seventh day after the date the petition is determined to comply with the applicable requirements or the day after all ballots have been delivered to the general custodian of election records.
(b) If the petition does not comply with the applicable requirements, the recount coordinator shall determine whether it is correctable by amendment. If the petition is not correctable, the coordinator shall reject the petition. If the petition is correctable, the coordinator shall delay acting on the petition until the deadline for amending it. If at that time the petition is not corrected, the coordinator shall reject the petition.
(c) On rejecting a petition, the recount coordinator shall note on the petition its rejected status and the reason for and date of the rejection.
(d) After approving or rejecting a petition, the recount coordinator shall promptly notify the petitioner of the action taken.
(e) After approving or rejecting a petition submitted under Section 212.026(b), the recount coordinator, if the coordinator is not the same person as the presiding officer of the canvassing authority designated by the joint election agreement, shall promptly notify that presiding officer of the action taken.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 59, Sec. 4, eff. Oct. 20, 1987; Acts 1989, 71st Leg., ch. 288, Sec. 2, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 864, Sec. 209, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 92, eff. September 1, 2021.
Structure Texas Statutes
Chapter 212 - Requesting Recount
Section 212.021. Applicability of Subchapter
Section 212.022. Obtaining Initial Recount in Election on Office
Section 212.023. Obtaining Initial Recount in Election for Presidential Electors
Section 212.0231. Obtaining Initial Recount in Presidential Primary Election
Section 212.024. Obtaining Initial Recount in Election on Measure
Section 212.0241. No Ground Required for Electronic Voting System Recount
Section 212.025. Petition for Initial Recount Required
Section 212.026. Authority to Whom Petition Submitted
Section 212.027. Notice of Petition Submission to Other Canvassing Authorities
Section 212.028. Time for Submitting Petition
Section 212.029. Initial Review of Petition
Section 212.030. Amendment of Petition
Section 212.031. Final Action on Petition
Section 212.032. Notice of Approval to Others Involved in Election
Section 212.033. Effect of Petition Submission on Canvass
Section 212.0331. Effect of Petition Submission on Qualifying for Office
Section 212.034. Counting Errors as Ground for Recount in Paper Ballot Precincts
Section 212.035. Application for Including Remaining Paper Ballot Precincts