ORDER NO. '4141
AF'PRDVAL OF COMMISSIONERS' COURT CANVRSSES
[='RECINCTS RF_TURNS FROM THE AUGUST 9, 1997
SGECIAL ELECTION ACCORDING 70 SECTION 67.001 AND 67.003
AND 67.004 OF THE TEXAS ELECTION CODE
Or. this tF~e 11th day of August 1997, upon rtiotion made by
Commissioner- Oehler, seconded by Commissioner Paldwin, the
Court unanimously approved by a vote of 4-Q~-0, of
Commissioners' Court canvasses Precincts returns from the
August 9, 1997 Specie:l Election according to Section 67.001
and 67.003 and 67.004 of the Texas Election Code.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNt~ti UNG OKtI,INAL AND FIVE COPIES OF THiS nr,yur,~i Kivu uC~CUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY Patricia Dye
OFFICE: 3tex'x aunty Clerk
MEETING DATE: Asst 11. 1997 TIME PREFERRED
SUBJECT (PLEASE BE SPECIFIC) Commissioners' Court canvasses precincts returns
fmm fha Atirnist 9, 1997 S~ar-ial Fl~rti nn armrr3in~}~n 4aCtinna (y'J pf17 anr3 fi7 (1(1 "i anA
67.004 of the Texas Election Code.
EXECUTIVE SESSION REQUESTED (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION
IF PERSONNEL MATTER -NAME OF EMPLOYEE.
NAME OF PERSON ADDRESSING THE COURT:
Patricia Dye
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows
Meeting scheduled for Mondays. 5.00 P.M. previous ~Mond~y.
THIS REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the earliest opportunity See Agenda
Request Rules Adopted by Commissioners' Court
45 minutes
ELECTION CODE
ELECTION CODE
Sec. 67.001.
Definition of "general election," see Sec. 1.005(61; of "spectal election;' see Sec.1.005118).
Canvass of primary election, see Sea 172.1 l6 et seq.
Sec. 67.002. Canvass of precinct returns. (a) Except as otherwise
provided by law, the precinct election retums for each election shall be
the following authority: a county authority,
canvassed by the ovemor or by
in which the election is held; and
(1) for an election osdered by g olitical subdivision
the commissioners court of each CO~an authority of a p
12) for an electionooi d ca~ ubdivision's governing bodY•
other than a county, the p conducted in accordance
' t retums shall be
rec. 67.006.
' (e) On completion of the canvass, the Presiding officer of the canvassing
, authority shall deliver the tabulation to the custodian ohe recinctelection
hallteresefve the tabulation for the period for preserv ngisterp. 'fhe custodian
P
1 records. tYle residing officer of vodngprecinat
(t7 On completion of the canvass, pall lists, and early
authoriryshalldelivertheprecinctretttms, Y
eneral custodian ° reserving the precinct
- report used in then ~rvesthem for the period for p
custodian shall p
~ election records. (ling place laation, see note node[
Unconstitutionality of reporimg votes by eazly voting Po
Sec. 87.1231. inter, see Sec. 62006.
'od for preserving precinct election records, see nt requested, see Sec. 212.033.
vans of precme this code. ,~ of total election reg
(b) The can rovided by ~ Custodian see $ec, 66.001.
with this chapter except as otherwise p authority
1 al canvassing General custodian of election records, Sec 66.058.
Sec. 67.003• Time for focal canvass. Eat dle me set by the canvassing
shall convene to conduct after election day not earlier than the second day
or later than the sixth officer.
authority's presiding ens, see Secs. 203.012.
Trine for local canvass of special election for legislature or eongr
204.005, and 204.021.
Procedure for local canvass. (a) At the time set or can-
vassing authority for the local canvass, the presiding officer
Sec. 67.004• recinct returns to the
vening the can recinct and canvass
of the canvassing auth°ntY shall deliver the For ea h p constitute
authority. The authority shall open the returns "
them as provided by flits section. Twoanme ebtion. f the authority
a quorum for purposes of canvassing
(b) The canvassing authority shall prepare a tabulation stating for eat
candidate and for and against each measure: recinct; and
(I) the total numberrec n t t talc [tabulated nder Subdivision (1b
(2) the sum of the p re aze the tabulation as a separate
rster
(c) The canvassing authority may p P
document or may enter the tabulation dtreOShall tattach or include as pazt of
The authority recinct and by early voting
maintained for the out to f eazly voting votes by p
the tabulation the repo
lace location received under Section 87.12"
polling P may compaze the precinct retums with the
(d) The canvassing authority is discovered between the vote
recinct,
corresponding tally Gst. If a discrepancy
totals shown on the [crams and those shown on the tally fist or a p
recinct shall examine the returns and tally list
the presiding judge of the p
and make the necessary corrections on the retums.
~nst
Pen
n MeetinSS law (Chapter 551, Government
'time for delivery of returns [o custodian when reeo Secs 551.041 and 551.043 '
' Open lvieetings Law. Sec. 551c00 duct de ~ yePublic meeting. sled for
Code) requires the canvass [o be hour, place, and subject of the meeting to be po
i~ of that law require notice of dte date, time on a designated bullWtfo detailsso
receding the scheduled meeting See Opert Meetings La
at least 72 hours p
t note under Sec. 4.0°3 nt[elet~[na8 on of bulletin boar .
requirements for open
' official [Subsection (h), the offic alresu of
~ get. 67.005. Determinittrovided by
state level. (a) Except asp authority.
an election that re nnct Lanurns ~ at the state level rs determined frOa sing
• nducted by [he local canvassing
~ canvass of the p one local can
(b) 1n an election in which there is more than
authority but no canvass ~ thhe law providing f°r the election determined
• in the manner prescribed Y see see. 67.016.
'~ Certificate of election issued to candidate elected to office,
• Examples of elecnons coming under Subsection (W ateredistrictsconsobdation elections and
confuma˘on erections on creation of multi-county a An election register shall be
~ inter. ( )
, Sec. 67.006. Local election reg authority.
maintained for each local canvassing recinct results
(b) For each election, the electioaz in [the tmabulation lof p abulated form
` the information required to aPPe uthority.
prepared by the local canvassing
~_ 209
Order No. 24141
Approval of Commissioners'
Court canvasses precincts
returns from the August
9, 1997 Special Election
According to Section
67.002 and 67.003 and 67.004
of the Texas Election Code
August 11, 1997
Vol. V Page 330