(a) Prior to a referendum or an election, an election plan must be submitted to the Department for approval. The election plan must include:      
        (1) a draft of the notice required by §23.23 of this chapter (relating to Notice of Referendum and/or Election) and a description of how it will be provided;       
        (2) an election timeline, including when the notice required by §23.23 of this chapter (relating to Notice of Referendum and/or Election) will be provided, referendum or election date, and canvassing date;       
        (3) a draft ballot;       
        (4) a draft of the application for a candidate's name to be printed on the ballot; and       
        (5) information on whether balloting will be conducted by mail or in person.       
      (b) The Commissioner must be notified of biennial board elections and/or referenda to increase assessments at least 90 days prior to the election date. In the case of a referendum to add new territory, notice must be provided as required by Texas Agriculture Code, §41.034.     
     Source Note:        The provisions of this §23.22 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953