The general custodian of election records must conduct and complete a manual audit count, and the secretary of state has selection and notice duties in some elections.
Sec. 127.201. HAND COUNT ELECTION AUDIT. (a) To ensure the accuracy of the tabulation of electronic voting system results, the general custodian of election records shall conduct a manual count of all the races in at least one percent of the election day polling locations and one percent of the early voting locations or in three election day polling locations and three early voting locations, whichever is greater, in which the electronic voting system was used. The general custodian shall conduct a manual count of all the races contained on the ballots by mail in at least one percent of the precincts in which a ballot by mail was cast and in which the ballots were counted using automatic tabulating equipment, or in three precincts in which a ballot by mail was cast and in which the ballots were counted using automatic tabulating equipment, whichever is greater. The custodian shall select the polling locations and precincts at random and shall begin the count not later than 72 hours after the polls close. The count shall be completed not later than the 21st day after election day. Subsections (b), (b-1), (b-2), and (b-3) supersede this subsection to the extent of a conflict. (b) In a general election for state and county officers, primary election, or election on a proposed amendment to the state constitution or other statewide measure submitted by the legislature, the secretary of state shall select, in accordance with rules adopted by the secretary, the polling locations and precincts to be counted under Subsection (a). The secretary shall designate not more than three offices and not more than three propositions to be counted in the selected polling locations and precincts. The secretary shall notify the general custodian of election records of the polling locations, precincts, offices, and propositions selected under this subsection not earlier than the day after election day. (b-1) The general custodian of election records shall designate the members of the early voting ballot board for the election to perform the manual count under this section at the direction of the custodian. If one or more members of the early voting ballot board are unable to serve, then additional members may be appointed using the appointment procedures under Section 87.002. (b-2) In an election in which a statewide risk-limiting audit is performed under Subchapter I, the manual count under this section shall begin the count not later than the first business day after the secretary of state has certified the completion of the risk-limiting audit, and the count must be completed not later than the 30th day after election day or by the deadline designated by the secretary of state for completion of the count, whichever is later. (b-3) The general custodian of election records, in accordance with procedures prescribed by the secretary of state, may select additional precincts and polling places to be counted under this section. (c) On selection or notification, as applicable, of the polling locations and precincts to be counted, the general custodian of election records shall post in the custodian's office a notice of the date, hour, and place of the count. (d) Each person entitled to appoint watchers in the election is entitled to be present at the count and is entitled to have a watcher present. A watcher appointed to the count must satisfy the same eligibility requirements as a watcher under Chapter 33 and must be appointed in the same manner as a watcher under Chapter 33. The watcher must deliver their certificates to the presiding judge of the early voting ballot board at the time the watcher reports for service. (e) Not later than the third day after the date the count is completed, the general custodian of election records shall: (1) deliver a written report of the results of the count to the secretary of state; and (2) post the results of the count on the county's Internet website in the same location that the county provides information on election returns and election results. (f) Repealed by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 10.01(3), eff. December 2, 2021. (g) This section does not apply to the tabulation of electronic voting system results for a voting system that uses direct recording electronic voting machines. Added by Acts 1987, 70th Leg., ch. 484, Sec. 9, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 53, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1349, Sec. 49, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 26, eff. September 1, 2011. Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 10.01(3), eff. December 2, 2021. Acts 2025, 89th Leg., R.S., Ch. 992 (S.B. 827), Sec. 1, eff. September 1, 2025.