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, elections where a candidate is defeated by one-half of one percent or less of the votes cast, and measures that are approved or defeated by the same margin. This change aims to enhance the accuracy and integrity of election outcomes by ensuring that close results are thoroughly reviewed.

Additionally, the bill outlines new counting procedures for automatic recounts, which will utilize a generally accepted sampling technique. This includes counting 100 percent of electronic ballots and sampling five percent of early voting ballots, polling places for early voting, and polling places for election day. 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)