The bill, S.B. No. 1439, amends the Texas Election Code to establish new criteria for automatic recounts in elections. It specifies that automatic recounts will apply to elections resulting in a tie vote, where a candidate is defeated or eliminated by one-half of one percent or less of the votes cast, or where a measure is approved or defeated by the same margin. This change aims to ensure that close election results are accurately verified.

Additionally, the bill outlines the procedures for counting votes during an automatic recount. It mandates the use of a generally accepted sampling technique to check for discrepancies, requiring a full count of electronic ballots and a five percent sample of early voting ballots, polling locations for early voting, and election day polling locations. If discrepancies of 0.5 percent or greater are found in any of these categories, a full recount will be ordered. The secretary of state is tasked with adopting rules and procedures for implementing these changes, which will take effect on September 1, 2025.

Statutes affected:
Introduced: Election Code 216.001, Election Code 216.004 (Election Code 216)