TBTX Obtaining Election Records for Audit
TX Election Codes: Precinct Returns, Storage, Preservation
66.058 PRESERVATION OF PRECINCT ELECTION RECORDS.
66.059 RETRIEVING ERRONEOUSLY PLACED ELECTION RECORDS
TX Election Codes: Recounts
211.001 ELECTIONS IN WHICH RECOUNT MAY BE OBTAINED.
211.003 CHANGE IN OUTCOME OF ELECTION.
211.006 PROMPT PERFORMANCE OF RECOUNT FUNCTIONS.
211.007 PRESERVATION OF RECOUNT PAPERS.
PIA Requests
All information is presumed open, unless there is a specific exception stated regarding the information. All requests must be in writing to trigger the PIA.
Paper, Email, Audio, Video and more could be considered public information subject to the PIA. All information produced or maintained by a government agency or individual employee is potentially subject to the PIA.
Non-governmental entities and entities supported with public funds are also subject to the PIA. However, the PIA does not apply to the Judicial branch, but the Court’s Custodian of Records may be applied to for any Judicial information.
Governmental agencies can charge for the cost of compiling records and materials, but there are rules for how to charge for records on the SOS website.
Records requested must already be in existence.
Open Records do not need to be addressed to specific individuals in a governmental body, unless otherwise stipulated by Law to be addressed to an individual within an agency.. Identify this particular employee if possible. “Public Information Coordinator” will be their title.
There is no need to cite any law or even the PIA to draft a lawful open records request.
If an exception applies, the information will not be released, otherwise the agency must release the information. If you believe a factual mistake has been made, a suit must be filed within 30 days of the denial being received. Formal complaints will include a civil or criminal complaint in writing with the DA or County Attorney, or with the Travis County DA or the AG.
A Writ of Mandamus can be filed when an agency refuses to give access to public records, refusing to request an ag ruling, refusing to release information that is unchallenged.
Requestor cannot be sued, but may sue to intervene in any suit against the AG ruling.
It is a crime to destroy, alter or remove public information.
Be prepared to file a civil suit or a Writ of Mandamus to obtain a favorable opinion related to the release of information you believe you should have access to under the Law.
Texas Constitution:
Article 6, 2(c) The privilege of free suffrage shall be protected by laws regulating elections and prohibiting under adequate penalties all undue influence in elections from power, bribery, tumult, or other improper practice.
Texas Constitution Article 6, 4 - ELECTIONS BY BALLOT; PURITY OF ELECTIONS; REGISTRATION OF VOTERS
In all elections by the people, the vote shall be by ballot, and the Legislature shall provide for the numbering of tickets and make such other regulations as may be necessary to detect and punish fraud and preserve the purity of the ballot box; and the Legislature shall provide by law for the registration of all voters.
Texas Election Code
1.012 (e) An election record shall be available not later than the 15th day after election day in an electronic format for a fee of not more than $50.
*This report cites codes that may have been amended since it’s original draft and release in 2021. Please cite the Texas Election Code here for the most up-to-date versions of these codes.
© Aubree Campbell 2021