The Mechanics of Texas Election Certification and the Law Behind the Lock
Capitol, the process has received more scrutiny.
Legal Obligations and the Mandate of the Texas Election Code
It’s typically a relatively noncontroversial and formulaic part of the election process. By the time officials reach the point of certifying results, state and local authorities have already gone through all of the post-Election Day procedures required in state law to confirm accuracy.
“It’s not a ‘may,’ it’s a ‘shall.’ It’s an obligation.” — Joshua Blank, research director of the Texas Politics Project at the University of Texas at Austin
Certifying the results is a legal responsibility, Joshua Blank emphasized, noting that the Texas Election Code states public officials “shall certify the tabulations.” Blank noted that it is an obligation and that it is not a “may,” but a “shall.” Even so, voting rights advocates are paying close attention to the Texas certification process for the upcoming Nov. 3 midterm elections.
Recent Legal Challenges and Hand-Count Demands
The lawsuit warned, without providing proof, of the potential for interference from artificial intelligence and foreign adversaries such as China.
Certification is the final step of canvassing, which includes tabulating ballots and verifying the accuracy of the count. Under the Texas Election Code, it is a felony if someone knowingly or intentionally refuses to count valid votes or alters a report to exclude them. Failing to certify canvassed results would violate that provision, Parreno explained.
Officials Divide Certification Duties Across Different Races
Who certifies Texas election results depends entirely on the race. Local canvassing authorities, typically a county commissioners court, certify local elections such as city council and mayoral races. For statewide and congressional races, Secretary of State Robert Howden tabulates and verifies the results, after which Gov. Greg Abbott must issue a certificate of election. However, the races for governor and lieutenant governor follow a different path and will be certified by House Speaker Dustin Burrows, R-Lubbock.
- Nov. 17, 2026: Deadline for local races to be certified (the 14th day after Election Day).
- Nov. 21 to Dec. 7, 2026: Window for Gov. Greg Abbott and Secretary of State Robert Howden to act on state and congressional races.
- Jan. 12, 2027: House Speaker Dustin Burrows must certify the governor and lieutenant governor races on the first day of the legislative session.
If public officials decline to certify results, state law provides that candidates and voters may be entitled to seek a court order to prevent the violation from occurring. While voting rights advocates acknowledge that some candidates closely aligned with President Donald Trump may take inspiration from 2020 legal challenges and attempt similar contests, they remain hopeful that the outcome in Texas will follow the letter of the law. As Diaz put it, certification should ultimately function as a boring bureaucratic government task that nobody has to think about.
