Texas Secretary of State P.O. Box 12060 Austin, Texas 78711-2060 1-800-252-VOTE (8683) www.sos.state.tx.us
VII.
IMPORTANT INFORMATION
Pursuant to Section 31.006 of the Texas Election Code (the “Code”), the Office of the Secretary of State (the
“Secretary of State”) has the ability to refer elections complaints to the Office of the Attorney General (the
"Attorney General"). If, after receiving a complaint alleging criminal conduct in connection with an election, the
Secretary of State determines that there is reasonable cause to suspect that the alleged criminal conduct
occurred, the Secretary of State shall promptly refer the complaint to the Attorney General. The Secretary of
State shall deliver to the Attorney General all pertinent documents in the Secretary of State's possession.
Any person who believes that a criminal violation of the Code has occurred may file a complaint. In order to
initiate the complaint process, a written and signed complaint must be filed with the Secretary of State. The
complaint must allege the violation with particularity, identify the person(s) or entity responsible for the alleged
violation, and contain a reference to the section of the Code alleged to have been criminally violated, if known.
The Secretary of State has no authority to order a new election, change an election result, or conduct a
criminal investigation. This form is to be used solely to document alleged election irregularities and submit
allegations of criminal violations of the Code to be referred to the Attorney General. Often complaints will be
Code violations that do not amount to criminal violations or acts. These violations are election irregularities
which may form the basis of an election contest, but do not carry a criminal penalty. These election irregulari-
ties will not be referred to the Attorney General for possible criminal prosecution.
Challenging an election result can be done either through (1) a recount or (2) an election contest. If you are
seeking to alter the outcome of the election, you will need to use one of these methods of challenging the
results, described below. A complaint filed with this form will not alter the results of an election.
Legal Remedies That May Alter the Election Outcome
1. Recount
Recounts are used only to recount the votes in a particular race (office) or measure. A recount does not have the scope or
authority of an election contest in court, i.e., the recount committee will not look at the manner in which voters were
qualified to vote in person or by mail or whether voters were eligible to vote in the election. The governing body of an entity
cannot conduct a recount on its own motion, e.g., at the canvass.
Please note that recount request deadlines occur soon after the canvass - a recount must be requested not later than two
days following the canvass. More information on filing recounts (including form, deposit information, and who and how to
file) is available on the Secretary of State’s website.
2. Election Contest
If a candidate disputes the outcome of the election, regardless of whether or not a recount has been conducted, and has
discovered irregularities, fraud, or mistakes in the conduct of the election that affected or could have affected the outcome,
he/she can file an election contest to challenge the election results. The legal question raised by an election contest is
whether the outcome of the contested election, as shown by the final canvass, is not (or cannot be conclusively determined
to be) the true outcome because (1) illegal votes were counted, or because (2) an election officer or other official adminis-
tering the election either (i) prevented eligible voters from voting, (ii) failed to count legal votes, (iii) engaged in fraud or illegal
conduct, or (iv) erred in some material way.
Contests involving county elections are filed in the district court in the relevant county. In most circumstances, the filing
deadline for an election contest is 30 days after the canvass, except in the case of a primary or an election where a runoff
is necessary, in which case the deadline for filing is 10 days after the final canvass. If a recount is held and the votes are
changed, the date of the canvass of the recount (i.e., final canvass) becomes the new date by which the contest deadline
is calculated.
Any losing candidate may contest an election. In a contest of an officer election, the contestant files suit against the
election’s winner (or in the event that the election outcome is determined by majority vote rather than plurality vote, the
person or persons entitled to a place on the runoff ballot). Voters at large within a political subdivision do not possess
standing to intervene as parties to an election contest for public office.
In an election contest, the court has the authority to: (1) examine ballots and equipment; (2) compel voters to reveal how
they voted; (3) declare an election void if illegal votes are greater than or equal to the number of votes necessary to change
the outcome or cannot ascertain the true outcome of the election; (4) order a new election (or new runoff election), if unable
to ascertain true outcome; (5) subtract illegal votes, if able to determine the side for which an illegal vote was cast; or (6)
declare outcome of election, if able to ascertain true outcome.
If you think either a recount or an election contest is the proper procedure for the remedy you seek, you may wish to
consult private legal counsel regarding your legal options. The Secretary of State staff can provide general guidance on
these procedures as well.
NOTICE: THIS COMPLAINT IS PUBLIC RECORD ONCE REVIEW IS COMPLETED BY THE SECRETARY OF STATE AND/OR ATTORNEY GENERAL.
Revised 2/28/2014
