EDRIElection Dispute Resolution Index

No matching sections in corpus (FTS returned 0 candidates) — concept not codified in this jurisdiction's election statute.

§ 232.044 and § 232.041 confirm that an election contest is tried in the district court — '(1) the district court shall set the deadline for withdrawal,' and a court declaring an election void must order a new election. The dedicated original-jurisdiction/venue provisions (§ 221.002, § 232.003, which assign contests of different offices to the district court or the legislature) were not surfaced for this datapoint, so the trial court is evidenced only indirectly.

§ 232.008 codifies the election-contest filing deadline: a contestant may not file earlier than the day after election day, and 'a contestant must file the petition not later than the later of the 45th day after the date the election records are publicly available' under § 1.012 or the official result is determined (15 days for a primary, runoff, or runoff-bound general/special election). A copy must reach the secretary of state by the same deadline. Statutory filing deadline codified.

“a contestant must file the petition not later than the later of the 45th day after the date the election records are publicly available”

§ 221.010 codifies an evidence/admissibility rule for election contests: where an examination of ballots is needed but the ballots are lost, destroyed, or beyond the tribunal's reach, 'the voters who cast the ballots may testify as to how they voted.' § 129.003(d) makes the paper record the official record for a Title 14 contest. A specific admissibility rule is codified, but a general standard-of-proof provision for election contests was not surfaced.

Title 13 (Ch. 211-216) codifies recount procedure in detail. § 212.005 codifies how concurrent recounts proceed and the counting-method hierarchy (a manual recount is conducted in preference to an electronic recount). § 213.001-213.059 codify who supervises and conducts a recount, the recount committee, and special procedures (e.g. § 213.059 for a gubernatorial recount); Ch. 214 codifies electronic-recount procedure. Recount procedure is set by statute, not administrative directive.

§ 2.002 codifies an enumerated automatic-recount trigger: a tie for the number of votes required to be elected triggers an automatic recount under Chapter 216; § 2.023 and § 2.028 codify the parallel triggers for ties affecting runoff candidates and runoff results. § 211.002 defines the 'automatic recount,' and Ch. 212 codifies the petition-based recount available to candidates and measure committees. Recount triggers enumerated.

§ 212.111 codifies recount cost allocation: 'a deposit to cover the costs of a recount must accompany the submission of a recount document.' § 214.048 codifies cost statements and assessment of recount costs against the requesting person, § 212.137 makes a candidate liable for the full costs where votes the candidate sought to exclude are recounted, and § 211.007 codifies preservation of cost records and settlement of assessed costs. Cost allocation codified.

“A deposit to cover the costs of a recount must accompany the submission of a recount document.”

§ 213.057 codifies the binding effect of a recount finding: after a recount that changes the vote count, the final canvassing authority must re-canvass using the recount supervisor's report instead of the original returns, and 'an original final canvass for the office or measure is void, and the new final canvass is the official final canvass for the election.' A recount finding is mandatory and determinative of the official result.

“An original final canvass for the office or measure is void, and the new final canvass is the official final canvass for the election”

§ 146.029 codifies a statutory certification deadline — the certifying authority must deliver the write-in-candidate certification 'not later than the 68th day before election day.' The result-canvass deadlines (the local canvass between the 3rd and 14th day after election day, and the state canvass) are codified in Ch. 67; TIME.1's FTS surfaced candidate-certification deadlines rather than the result-canvass provisions, so the result-certification deadline is evidenced only by cross-reference.

No matching sections in corpus (FTS returned 0 candidates) — concept not codified in this jurisdiction's election statute.