Recount laws in Texas
|
|
 |
| Select a state from the menu below to learn more about its election administration. |
An election recount is a process by which votes cast in an election are re-tabulated to verify the accuracy of the original results. Recounts typically occur in the event of a close margin of victory, following accusations of election fraud, or due to the possibility of administrative errors. Recounts can either occur automatically or be requested by a candidate or voters.
Texas law requires an automatic recount in a tied election. Different types of recounts can be requested under different circumstances. The requester is responsible for costs associated with any requested recount, although a refund is available if the recount changes the election outcome.
Summary of recount laws
The list below shows answers to common questions regarding recounts in Texas.[1]
- Does state law require automatic recounts?
- Yes, when a tie vote occurs.
- When must an automatic recount be completed?
- No set deadline.
- Can a recount be requested?
- Yes, the recount can be requested within three days after the canvass. The required margin is less than 10% of the winning candidate's vote. There is no deadline for completion.
- Who pays for a requested recount?
- The requester.
- Is a refund available for requested recount costs?
- Yes. Costs paid by the requester are refunded if the recount changes the election outcome. A requester might receive a refund if the amount paid was greater than the actual cost of the recount.
- Can a partial recount be requested?
- Yes.
Texas recount procedures
Automatic recount procedures
Texas requires an automatic recount in the event of a tie vote.[2] There is no set deadline for the completion of an automatic recount. The costs of an automatic recount are paid by each political subdivision or county executive committee.
Requested recount procedures
Texas uses three types of requested recounts: initial, supplementary, and expedited, each of which is governed by distinct provisions explained below.
Initial requested recounts:
Initial recounts can be requested by candidates or, in some cases, voters in all elections except for those where a majority vote, rather than a plurality, is required and where voters cast votes for more than two candidates. Click Show more to learn more about initial recounts.
The deadline to request an initial recount is 5 p.m. of the third business day after the canvass. There is no set deadline for the completion of an initial requested recount.
- A candidate, apart from presidential primary candidates, may request an initial recount 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; |
” |
| —Texas Statutes, Sec. 212.022 | ||
- In a presidential primary election, a candidate or any 25 voters acting jointly on behalf of an uncommitted delegation may request an initial recount if:
| “ | (1) the difference in the number of votes received by the candidate or uncommitted status and any candidate or uncommitted status shown by the election returns to be entitled to delegate representation at the political party's national presidential nominating convention is less than 10 percent of the number of votes received by the latter candidate or the uncommitted status; or (2) 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.[3] |
” |
| —Texas Statutes, Sec. 212.0231 | ||
- In a ballot measure election, the campaign treasurer or a specific-purpose political committee involved in the election or any 25 or more voters may request an initial recount if:
| “ | (1) the difference in the number of votes received for the measure and against the measure is less than 10 percent of the total number of votes received on the measure as shown by the election returns; (2) 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 |
” |
- If electronic voting systems were used, any losing candidate may request an initial recount of electronic voting system results.[4]
Supplementary requested recounts:
A supplementary account can occur if an initial recount is partial (i.e., not comprehensive). Any candidate or voter eligible to apply for an initial recount can apply for a supplementary recount in this case.[5] Click Show more to learn more about supplementary recounts.
Provisions relating to supplementary requested recount do not apply to elections covered by expedited requested recount provisions.[6]
Supplementary recounts may be requested under the following circumstances:
| “ | (a) A person who was not entitled to obtain an initial recount ... may obtain a supplementary recount if the partial recount included less than 50 percent of the total vote received by all candidates in the race or for the measure, as applicable, as shown by the original election returns, and as a result of the partial recount those grounds are satisfied. (b) A person who was not entitled to obtain an initial recount ... may obtain a supplementary recount if the partial recount included 50 percent or more but less than 75 percent of the total vote received by all candidates in the race or for the measure, as applicable, as shown by the original election returns, and as a result of the partial recount those grounds are satisfied, except that the percentage factor is two percent rather than 10 percent.[3] |
” |
| —Texas Statutes, Sec. 212.053 | ||
The deadline to request a supplementary recount for elections involving candidates or a ballot measure is no later than 5:00 p.m. on the second day after receiving notice of the initial recount result.[7]
Expedited requested recounts:
Expedited recounts apply to races not covered by initial recount provisions. Click Show more to learn more about expedited recounts.
All requested recounts:
The requester is responsible for costs associated with any requested recount. Costs are refunded to the requester if the recount changes the election outcome. If the recount does not change the election outcome, the requester may still receive a refund if the amount paid was greater than the cost of the recount.[10] There is no set deadline for the completion of a requested recount.
For more information about automatic recount procedures in Texas, click here, and for requested recount procedures, click here.
Texas voting equipment
- See also: Voting methods and equipment by state
Texas uses hand-marked paper ballots, ballot-marking devices, and Direct Recording Electronic (DRE) ballot systems for its elections. The state does not require a voter-verified paper audit trail (VVPAT) when conducting elections. According to the Election Assistance Commission, in a VVPAT system, "the voter can directly compare the electronic summary screen of the voting machine with the printed paper audit record" to verify their vote is counted correctly.[11][12]
Noteworthy events
Texas' 28th Congressional District election Democratic primary runoff (2022)
Under state law, candidates may request a recount if the margin of victory is less than 10%. Jessica Cisneros requested a recount and the Democratic Party of Texas approved the recount request.[13][14] Before the recount, Henry Cuellar led Cisneros by 187 votes.[15] The recount confirmed Cuellar's victory by a margin of 289 votes.[16]
50-state overview of recount laws
The table below summarizes where state laws allow for automatic and requested recounts. Click "show" to view the table.
As of September 2025, state law in 48 states included a recount provision, automatic recounts are possible in 28 states, and requested recounts are possible in 43 states.
The map and table below outline the type of recount laws in each state.
50-state overview of requested recounts
The table below summarizes how requested recounts are paid for and whether it is possible for candidates to request a partial recount. Click "show" to view the table.
As of September 2025, the requester of a recount pays for the recount in 23 states, the state pays in seven states, in 11 states it depends on the circumstances of the election or the recount, and in two states it is unclear which party pays for the recount. In 27 states a refund may be available for a requested recount, in four states a refund depends on the circumstances of the recount, and in five states no refund is available. The remaining 14 states have state-funded requested recounts or do not have requested recounts. In 27 states a partial recount may be requested.
| State[19] | Who pays for a requested recount? | Refund available? | Can candidates request a partial recount? | Citation |
|---|---|---|---|---|
| Alabama | Requester | Yes | Yes | 16-20,21 |
| Alaska | State/Requester Depends on margin |
Yes | Yes | 20.430-490 |
| Arizona | No requested recounts | N/A | No | 16-661,249 |
| Arkansas | Requester | Yes | No | 7-5-319 |
| California | Requester | Yes | Yes | 15620-15634 |
| Colorado | Requester | Yes | No | 10.5-101-109 |
| Connecticut | No requested recounts | N/A | No | 9-445,6-311a |
| Delaware | State | N/A | Yes | 5702(C,E) |
| District of Columbia | Requester | Yes | Yes | 1-1001.11(a) |
| Florida | No requested recounts | N/A | No | 102.141,166 |
| Georgia | State | N/A | Yes | 21-2-495,499 |
| Hawaii | No requested recounts | N/A | No | 11-158 |
| Idaho | State/Requester Depends on margin |
Yes | Yes | 34-2301-2309 |
| Illinois | Requester | Maybe[20] | Yes | 5/22-9.1, 18 |
| Indiana | Requester | Yes | Yes | 3-12-11-1-10 |
| Iowa | State | N/A | No | 43.56 & 50.48 |
| Kansas | State/Requester Depends on margin |
Yes | Yes | 25-3107 |
| Kentucky | Requester | No | Yes | 120.017,095,185,250,280 |
| Louisiana | Requester | Yes | Yes | 18-1451 & 1453 |
| Maine | State/Requester Depends on margin |
Yes | No | 737-A |
| Maryland | State/Requester Depends on margin |
Yes | Yes | 12-101-107 |
| Massachusetts | State | N/A | Yes | 54:135,A,B |
| Michigan | Requester | Yes | Yes | 168.879-894 |
| Minnesota | State/Requester Depends on margin |
Yes | Yes | 204C.35-361 |
| Mississippi | No requested recounts | N/A | No | N/A |
| Missouri | Requester | Maybe[21] | No | 115.601 |
| Montana | State/Requester Depends on margin |
Maybe[22] | No | 13-16-201-11 |
| Nebraska | Requester | Yes | Yes | 32-1119,1121 |
| Nevada | Requester | Yes | No | 293.403-405 |
| New Hampshire | State/Requester Depends on election type[23] |
Varies[24] | No | 660:1-16 |
| New Jersey | Requester | Yes | Yes | 19:28-1,2,3 |
| New Mexico | Requester | Yes | Yes | 1-14-14 to 25 |
| New York | Unclear[25] | No | No | 9-208 |
| North Carolina | State | N/A | No | 163-182.7,182.7A |
| North Dakota | Requester | No | No | 16.1-16-01 |
| Ohio | Requester | Yes | Yes | 3515.01-072 |
| Oklahoma | Requester | Yes | Yes | 26-8-109 to 117 |
| Oregon | Requester | Yes | Yes | 258.006-300 |
| Pennsylvania | Requester | Yes | Yes | 3154g,3261-3 |
| Rhode Island | Unclear[26] | No | No | 17-19-37.1 |
| South Carolina | No requested recounts | N/A | No | 7-17-280 |
| South Dakota | State | N/A | Yes | 12-21-1 to 37 |
| Tennessee | No requested recounts | N/A | No | 2-17,18 |
| Texas | Requester | Yes | Yes | 211 to 216 |
| Utah | State/Requester Depends on requester[27] |
No | No | 20A-4-401 |
| Vermont | State | N/A | No | 17-51-2601,2602 |
| Virginia | State/Requester Depends on margin |
Yes | No | 8-24.2-800 to 802.3 |
| Washington | Requester | Yes | Yes | 29A.64 |
| West Virginia | Requester | Yes | Yes | 3-6-9 |
| Wisconsin | State/Requester Depends on margin |
Yes | Yes | 9.01 & 5.90 |
| Wyoming | Requester | Yes | No | 22-16-109 to 114 |
State legislation
The table below lists bills related to recounts introduced during (or carried over to) Texas' regular legislative session this year. The following information is included for each bill:
- State
- Bill number
- Official bill name or caption
- Most recent action date
- Legislative status
- Sponsor party
- Topics dealt with by the bill
Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.
See also
- Election recount laws and procedures in the 50 states
- Voting in Texas
- Texas
- Voting methods and equipment by state
Footnotes
- ↑ Texas Constitution and Statutes, "211 to 216," accessed September 24, 2025
- ↑ Texas State Legislature, "Chapter 216," accessed September 24, 2025
- ↑ 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Texas Statutes, "Sec. 212.0241," accessed April 24, 2024
- ↑ Texas Statutes, "Sec. 212.052," accessed September 24, 2025
- ↑ Texas Statutes, "Sec. 212.051," accessed September 24, 2025
- ↑ Texas Statutes, "Sec. 212.056," accessed September 24, 2025
- ↑ Texas Statutes, "Sec. 212.081," accessed September 24, 2025
- ↑ Texas Statutes, "Sec. 212.083," accessed September 24, 2025
- ↑ Texas Statutes, "Sec. 215.003," accessed September 24, 2025
- ↑ Verified Voting, "The Verifier - Election Day Equipment - November 2026," accessed September 24, 2025
- ↑ U.S. Election Assistance Commission, "Voluntary Voting System Guidelines, Volume 1, Version 1.0" accessed September 24, 2025
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedcisnerosrecount - ↑ Twitter, "Patrick Svitek on June 9, 2022," accessed June 10, 2022
- ↑ News4Jax, "Texas recount underway between Texas Rep. Cuellar, Cisneros," June 16, 2022
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedrecountwon - ↑ Verified Voting, "Arizona Recount Laws," accessed September 25, 2025
- ↑ A court may order a recount under Arizona law.
- ↑ This category encompasses instances where the state government pays for recounts and those states where counties pay.
- ↑ A recount alone cannot change the election results, but can be used to contest the election. At the end of that process, the court may choose not to levy costs against the prevailing party.
- ↑ Recounts occur as part of a contested election. A requester may be required to cover costs before the start of such an event. The court may choose to require the unsuccessful party in a contested election to cover the costs, which could involve a refund to the requester if he or she is the successful party.
- ↑ In the case of a court-ordered recount, candidates must pay, but will be refunded if the outcome changes. Regarding non-court-ordered recounts, state law does not mention whether the candidate is refunded in such a case.
- ↑ The state covers requested recounts of statewide constitutional amendments. The requester covers all other recounts.
- ↑ For local and county ballot measure elections, state law does not mention the possibility of a refund. For all other recounts, costs paid by the requester are refunded if the recount changes the election outcome.
- ↑ No mention in state law.
- ↑ No mention in state law.
- ↑ The state pays for candidate-requested recounts. The requester pays for voter-requested recounts of ballot measures.
