Tex. Election Code Section 212.136
Exclusion of Certain Votes from Recount in Precincts Using Voting System

(a)

Except as provided by Subsection (c), write-in votes cast in connection with a voting system shall be excluded from a recount of an election in which a plurality vote is sufficient.

(b)

Except as provided by Subsection (c), in a recount of an election in which a majority vote is required, if the candidate who first requests a recount in one or more precincts in which a voting system was used specifies in the recount document that only a recount of the write-in votes or only a recount of the voting system votes is requested, the votes for which the recount is not requested shall be excluded from the recount unless an objection to the exclusion is made under Section 212.137 (Objection to Exclusion of Votes). A request for a recount of only write-in votes or only voting system votes must apply to all precincts included in the recount in which a voting system was used.

(c)

Write-in votes may not be excluded from a recount in which a write-in candidate is the petitioner or a person entitled to notice of an approved petition under Section 212.032 (Notice of Approval to Others Involved in Election).

(d)

The treatment given to the votes in the recount obtained under the recount document in which a recount in a voting system precinct is first requested must be given to the votes in all voting system precincts for which a recount is obtained under a subsequently submitted recount document pertaining to the same election.

(e)

In a precinct in which voting system votes are excluded from a recount, the vote count entered on the original precinct election returns for the excluded votes shall be treated as the count for those votes for the purposes of the recount.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Source: Section 212.136 — Exclusion of Certain Votes from Recount in Precincts Using Voting System, https://statutes.­capitol.­texas.­gov/Docs/EL/htm/EL.­212.­htm#212.­136 (accessed May 26, 2025).

212.001
General Requirements for Recount Document 212.002
Designation of Agent to Receive Notice 212.003
Submission of Recount Document 212.004
Furnishing Copies of Documents to Certain Interested Persons 212.005
Multiple Recounts on Same Office or Measure 212.006
Withdrawal of Recount Petition 212.021
Applicability of Subchapter 212.022
Obtaining Initial Recount in Election on Office 212.023
Obtaining Initial Recount in Election for Presidential Electors 212.024
Obtaining Initial Recount in Election on Measure 212.025
Petition for Initial Recount Required 212.026
Authority to Whom Petition Submitted 212.027
Notice of Petition Submission to Other Canvassing Authorities 212.028
Time for Submitting Petition 212.029
Initial Review of Petition 212.030
Amendment of Petition 212.031
Final Action on Petition 212.032
Notice of Approval to Others Involved in Election 212.033
Effect of Petition Submission on Canvass 212.034
Counting Errors as Ground for Recount in Paper Ballot Precincts 212.035
Application for Including Remaining Paper Ballot Precincts 212.051
Applicability of Subchapter 212.052
Supplementary Recount Authorized 212.053
Obtaining Supplementary Recount 212.054
Application for Supplementary Recount Required 212.055
Authority to Whom Application Submitted 212.056
Time for Submitting Application 212.057
Processing Application 212.081
Applicability of Subchapter 212.082
Recount Petition 212.083
Deadline for Submitting Petition 212.084
Notice of Petition Submission 212.085
Deadline for Amending Petition 212.086
Application for Including Remaining Paper Ballot Precincts 212.087
Processing Application 212.088
Deadline on Saturday, Sunday, or Holiday 212.089
Days and Hours for Performing Duties 212.111
Deposit Required 212.112
Amount of Deposit 212.113
Return of Deposit 212.131
Scope of Initial Recount 212.132
Scope of Supplementary Recount 212.133
Scope of Expedited Recount 212.134
Early Voting Votes Treated as Precinct 212.135
Votes to Be Recounted 212.136
Exclusion of Certain Votes from Recount in Precincts Using Voting System 212.137
Objection to Exclusion of Votes 212.0231
Obtaining Initial Recount in Presidential Primary Election 212.0241
No Ground Required for Electronic Voting System Recount 212.0331
Effect of Petition Submission on Qualifying for Office
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Verified:
May 26, 2025

§ 212.136. Exclusion of Certain Votes from Recount in Precincts Using Voting System's source at texas​.gov