Texas § EL.67.004 - PROCEDURE FOR LOCAL CANVASS

§ EL.67.004. PROCEDURE FOR LOCAL CANVASS

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. Text of subsection prior to the amendments made by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 12, eff. September 1, 2025. Applies to elections ordered before the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 32, eff. September 1, 2025. (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). Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 12, eff. September 1, 2025. Applies to elections ordered on or after the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 32, eff. September 1, 2025. (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; (2) the total number of votes received in each polling location; and (3) the sum of the precinct totals tabulated under Subdivision (1). Text of subsection prior to the amendments made by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 12, eff. September 1, 2025. Applies to elections ordered before the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 32, eff. September 1, 2025. (b-1) The tabulation in Subsection (b) must also include for each precinct the total number of voters who cast a ballot for a candidate or for or against a measure in the election. The secretary of state shall prescribe any procedures necessary to implement this subsection. Text of subsection as amended by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 12, eff. September 1, 2025. Applies to elections ordered on or after the date the Secretary of State issues the report required by Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 32, eff. September 1, 2025. (b-1) The tabulation in Subsection (b) must also include for each precinct and for each polling location the total number of voters who cast a ballot for a candidate or for or against a measure in the election. The secretary of state shall prescribe any procedures necessary to implement this subsection. (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. (g) The presiding officer of the canvassing authority shall note the completion of the canvass in the minutes or in the recording required by Section 551.021 , Government Code. Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1989, 71st Leg., ch. 114, Sec. 10, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 203, Sec. 1.01, 2.51; Acts 1991, 72nd Leg., ch. 554, Sec. 22, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 728, Sec. 23, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1349, Sec. 32, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309 ), Sec. 1.14, eff. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 86 (H.B. 1001 ), Sec. 1, eff. September 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 1184 (S.B. 2753 ), Sec. 12, eff. September 1, 2025.