BBBB(LEGAL) - ELECTIONS: POST-ELECTION PROCEDURES
Note: If the district is subject to a court order or other binding legal determination, the district shall conduct its elections in accordance with that court order or determination, applicable law, and this policy. To the extent of any conflict, the court order or other legal determination shall prevail. [See BBB(LOCAL)]
In an election requiring a plurality, if two or more candidates for the same office tie for the number of votes required to be elected, a second election to fill the office shall be held in accordance with the deadlines and other requirements of Election Code 2.002.
The tying candidates may agree to cast lots to resolve the tie. The agreement must be filed with the board. The board president shall supervise the casting of lots.
A tying candidate may resolve the tie by filing with the board a signed and acknowledged written statement of withdrawal. On receipt of the statement, the remaining candidate is the winner, and a second election or casting of lots is not held.
If the tie is not resolved by casting lots or withdrawal, an automatic recount shall be conducted under Election Code Chapter 216 before the second election is held.
Election Code 2.002
In a district in which trustees are elected by majority vote under Education Code 11.057(c) [see BBB], if no candidate for a particular office receives the vote necessary to be elected, a runoff election for that office is required. Election Code 2.021 et seq.
If the candidates in a runoff election tie, an automatic recount shall be conducted under Election Code Chapter 216. If the recount does not resolve the tie, the tied candidates shall cast lots to determine the winner. The board president shall supervise the casting of lots. A tying candidate may resolve the tie by filing with the board president a signed and acknowledged written statement of withdrawal. On receipt of the statement, the remaining candidate is the winner, and a casting of lots is not held. Election Code 2.028
The district shall conduct an authorized recount in accordance with Election Code Title 13. Election Code 211.001
A candidate in a board election may obtain an initial recount in an election if 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 elected, tied, or entitled to a place on a runoff ballot, if applicable, is less than ten percent of that candidate's number of votes, or the total number of votes received by all candidates for the office is less than 1,000. Election Code 212.022
A ground for obtaining an initial recount is not required to obtain an initial recount of electronic voting system results. A candidate may obtain an initial recount of electronic voting system results in an election only if the candidate is shown by the election returns not to be elected. Election Code 212.0241
An initial recount may not be conducted unless an authorized candidate submits a petition for the recount to the presiding officer of the local canvassing authority in accordance with Election Code Chapter 212, Subchapter B, accompanied by a deposit to cover the costs of the recount in accordance with Subchapter E. Election Code 212.025, .026, .111
Effect of Petition
The submission of a recount petition before a board completes its canvass does not delay the canvass for the office involved in the recount. The board shall make a notation on the tabulation of any office involved in a recount. The submission of a recount petition delays the issuance of a certificate of election and qualification for the office involved in the recount pending completion of the recount. A candidate may not qualify for an office involved in a recount before completion of the recount. This provision does not affect a candidate who has received a certificate of election and qualified for office before the submission of a recount petition involving the office. Election Code 212.033, .0331
Except as provided below, a board shall convene to conduct the local canvass at the time set by the presiding officer not later than the 11th day after election day and not earlier than the later of:
- The third day after election day;
- The date on which the early voting ballot board has verified and counted all provisional ballots, if a provisional ballot has been cast in the election; or
- The date on which all timely received ballots cast from addresses outside of the United States are counted, if a ballot to be voted by mail in the election was provided to a person outside of the United States.
Election Code 67.003(b)
November Election—Even-Numbered Years
For an election held on the date of the general election for state and county officers (the first Tuesday after the first Monday in November in even-numbered years under Election Code 41.002), the time for the canvass may be set not later than the 14th day after election day. Election Code 65.051(a-1), 67.003(c)
Quorum for Canvass
Two members of a board constitute a quorum for purposes of canvassing an election.
At the time set for convening the board for the local canvass, the presiding officer shall deliver the sealed precinct returns to the board. The board shall open the returns for each precinct and canvass them as provided by Election Code 67.004.
The presiding officer shall note the completion of the canvass in the minutes or in the recording required by the Open Meetings Act (Government Code 551.021). [See BE]
Election Code 67.004(a), (g)
Certificate of Election
After the completion of a canvass, the presiding officer shall prepare a certificate of election for each candidate who is elected to an office for which the official result is determined by the board's canvass. A certificate of election must contain:
- The candidate's name;
- The office to which the candidate is elected;
- A statement of election to an unexpired term, if applicable;
- The date of the election;
- The signature of the officer preparing the certificate; and
- Any seal used by the officer preparing the certificate to authenticate documents that the officer executes or certifies.
The authority preparing a certificate of election shall promptly deliver it to the person for whom it is prepared, subject to the submission of a recount petition. [See Effect of Petition, above]
A certificate of election may not be issued to a person who has been declared ineligible to be elected to the office.
The presiding officer shall also prepare a report of the precinct results as contained in the election register and deliver the report to the secretary of state not later than the 30th day after election day in an electronic format prescribed by the secretary of state.
Election Code 67.016, .017
Certificate for Unopposed Candidate
A certificate of election shall be issued to each unopposed candidate declared elected in the same manner and at the same time as provided for a candidate elected at the election. The candidate must qualify for the office in the same manner as provided for a candidate elected at the election. Election Code 2.053(e) [See BBBA regarding the election of an unopposed candidate.]
All elected and appointed board members, before taking the oath or affirmation of office and entering upon the duties of office, shall sign the required officer's statement. The statement shall be retained with the official records of the office. Tex. Const. Art. XVI, Sec. 1(b), (c)
Oath of Office
All elected and appointed board members, before they enter upon the duties of the office, shall take the official oath or affirmation of office and shall file it with the board president. Tex. Const. Art. XVI, Sec. 1(a); Education Code 11.061(a)
The oath may be administered and a certificate of the fact given by the individuals listed at Government Code 602.002, including:
- A judge, retired judge, or clerk of a municipal court.
- A judge, retired judge, senior judge, clerk, or commissioner of a court of record.
- A justice of the peace or clerk of a justice court.
- A notary public.
Gov't Code 602.002
Except as otherwise provided by the Election Code, a district shall preserve the precinct election records distributed to it for at least 22 months after election day. Election Code 66.058(a)
Destruction of Records
After expiration of the prescribed period for preserving election records under the Election Code, the records may be destroyed or otherwise disposed of unless, at the expiration of the preservation period, an election contest or a criminal investigation or proceeding connected with the election is pending. In that case, the records shall be preserved until the contest, investigation, or proceeding is completed and the judgment, if any, becomes final. Election Code 1.013