(a) A canvassing committee appointed by the Commissioner shall count the ballots and verify the referendum results to the Commissioner for certification. Referendum results will be certified by the Commissioner.
(b) Ballots for the referendum will be counted in a manner determined by the Commissioner.
(c) After the ballots are counted and the results verified by the Commissioner, the ballots shall be locked in a container and stored at the Department's headquarters for a period of 30 days. The locked container containing referendum ballots cannot be opened for the 30-day period without a court order or written request for recount. If no contests or investigations arise out of the referendum within 30 days after certification of such referendum, the Department shall destroy the ballots by shredding.
(d) A watcher may be present at Department headquarters for the purpose of observing the canvass of the votes and until the canvassing committee completes its duties. Written notice of intent to be present during the canvass must be submitted to Department at least three days prior to the count.
(e) A request for recount submitted under this division must:
  (1) be in writing;
  (2) state the grounds for the recount;
  (3) be submitted to the Commissioner within 10 calendar days of canvass results; and
  (4) be signed by the person(s) requesting the recount, including address and phone number. If the request is made on behalf of an organization or association, the person submitting the request must state that he or she is authorized to request a recount on behalf of the organization or association.
(f) A recount will be conducted by the Department, under the supervision of a representative of the Office of the Secretary of State.

Source Note: The provisions of this §27.206 adopted to be effective December 6, 2015, 40 TexReg 8637