After the initial tally of ballots on election night—which happens either at polling locations or at a central counting location depending on the voting equipment and processes determined by each county—the County Commissioners Court meets publicly between the third day after Election Day (Friday, November 8) and the eleventh day after Election Day (Saturday, November 16) to conduct the county canvass. This involves an exhaustive review of all ballots, including write-in, early votes, and provisional ballots for each precinct. The County Commissioners Court also has a non-discretionary duty to complete the county canvass without delay. The County Clerk then certifies the official county results and delivers them to the Secretary of State. For offices determined at the county level, the County Judge of the County Commissioners Court issues certificates of election to winning candidates.
To facilitate the state canvass, the Secretary of State aggregates certified county results into a document for the Governor and State Legislature to review during their respective state canvasses. After completion of the state canvass, the Governor certifies the results and issues certificates of election to winning candidates. The State Legislature also announces winners for the races it canvasses.
In Texas, the County Commissioners Court of each county conducts the canvass of election results for federal, state, and county offices. Tex. Elec. Code §§ 3.003, 67.002. During the canvass, the County Commissioners Court opens the returns from each precinct and prepares a tabulation document with a detailed breakdown of the total number of legally cast votes in the county. "SOS Glossary of Elections Terminology" at "canvass." The County Judge plays the key role of delivering the tabulation document from the canvass and other materials to the County Clerk at the conclusion of the canvass.
The County Commissioners Court will meet to conduct the county canvass at the time set by the County Judge, who is the presiding officer (i.e., chair of the County Commissioners Court). The timing of the county canvass must start not earlier than the third day after Election Day (Friday, November 8) nor later than the eleventh day after Election Day (Saturday, November 16). In addition, the county canvass may also not begin before the County Early Voting Board has verified and counted all provisional ballots or before all ballots from outside the country (UOCAVA ballots) received in a timely manner have been counted. Tex. Elec. Code § 67.003(b). The county canvass can also be extended slightly, up to the 14th day after Election Day (Tuesday, November 19) if there are no federal races on the ballot. Tex. Elec. Code §§ 65.051(a-1), 67.003(c). While there is no legal deadline to complete this canvass, there are similarly no provisions permitting County Commissioners Courts to delay or refuse to complete the canvass. Accordingly, it is strongly implied that counties must complete their canvass before the Governor conducts their state canvass, which can start as early as 15 days after the election (Wednesday, November 20). Tex. Elec. Code §§ 67.007(d), 67.012(a). Note that recounts do not affect the canvass and certification timeline, though recounts do halt the issuance of certificates of election to winning candidates. "SOS Canvassing & Post-Election Requirements," at 17.
When the canvass is scheduled to begin, the County Judge delivers the sealed precinct returns to the County Commissioners Court. Tex. Elec. Code § 67.004(a). The County Commissioners Court then opens the returns for each precinct and begins the canvass. Tex. Elec. Code § 67.004(a). At least two members of the County Commissioners Court must be present to constitute a quorum necessary to conduct the canvass. Tex. Elec. Code § 67.004(a).
As part of conducting the canvass, the County Commissioners Court prepares a "tabulation." [1] The "tabulation" may be a distinct document or entered as data directly into the local election register maintained by the county. Tex. Elec. Code § 67.004(c). Once created, the tabulation document shows, in chart or table form, the votes cast for and against each candidate or ballot measure in each precinct in the entire county. "SOS Glossary of Elections Terminology" at "tabulation." Regardless of format, the tabulation must state the total number of votes received in each precinct and the sum of the precinct totals for each candidate and ballot measure. Tex. Elec. Code § 67.004(b). It also includes the report with totals from Early Vote. Tex. Elec. Code § 67.004(c).
In Texas, "tabulation" also refers to the process of adding up these vote totals as part of the canvass. "SOS Glossary of Elections Terminology" at "tabulation." The Secretary of State prescribes the procedures necessary to prepare this tabulation. Tex. Elec. Code § 67.004(b-1).
The County Commissioners Court may compare the precinct returns against the precinct tally lists, which are the document used in each precinct after polls close to record the votes cast for each candidate. Tex. Elec. Code § 67.004(d); "SOS Glossary of Elections Terminology" at "tally list." If there is a discrepancy in vote totals, the presiding precinct judge examines them and makes the necessary corrections on the precinct returns and tabulation report. Tex. Elec. Code § 67.004(d).
On completion of the canvass, if the county is using a paper report for the tabulation, then the County Judge will deliver the tabulation document to the County Clerk. [2] Tex. Elec. Code § 67.004(e). Regardless of the format of the tabulation, the County Judge will deliver the precinct returns, tally lists, and early voting precinct report to the County Clerk. Tex. Elec. Code § 67.004(f). Once the canvass is finished, the County Judge must also note that the canvass has been completed in the County Commissioners Courts' minutes or in the recording of the open meeting. Tex. Elec. Code § 67.004(g); Tex. Gov’t Code § 551.021.
The County Commissioners Court determines the official county results in the completion of its canvass. Tex. Elec. Code § 67.005(a). However, the County Clerk is responsible for certification of those results. Tex. Elec. Code § 67.007(c).
At the completion of the county canvass, the County Clerk is responsible for preparing the official county returns. Tex. Elec. Code § 67.007(a)-(b). The official county returns must contain the total number of votes received in the county for each candidate, and for and against each ballot measure as determined by the County Commissioners Courts' canvass. Tex. Elec. Code § 67.007(b). Upon completion, the County Clerk certifies the results, making them the certified county election returns. Tex. Elec. Code § 67.007(c).
No later than 24 hours after the completion of the county canvass, the County Clerk must deliver the certified county election returns to the Secretary of State. Tex. Elec. Code § 67.007(d).
For the election of the Governor and Lieutenant Governor (held next in 2026), the County Clerk must prepare separate returns. Tex. Elec. Code § 67.008(a). These certified returns are also delivered to the Secretary of State, who must retain them until the first day of the next regular legislative session, when they deliver them to the Speaker of the State House of Representatives. Tex. Elec. Code § 67.008(c).
After each election, the County Clerk also prepares a report covering the total number of votes cast during Early Vote and Election Day, with detailed information broken up by precinct. Tex. Elec. Code § 67.017(a). This report must be delivered to the Secretary of State no later than 30 days after the election. Tex. Elec. Code § 67.017(b).