(a) In the case of a mail election, no ballots will be valid if postmarked after the last day of the election. In physical ballot elections, no absentee ballot will be valid if postmarked after midnight three days before the election.

(b) In physical balloting, balloting locations must be open at hours prescribed by the Commissioner and an election official must be present at all times unless otherwise prescribed by the Commissioner. Ballot boxes must be locked and remain locked until the canvassing committee supervises such opening.

(c) A ballot must bear a signature and the address of the producer to be valid.

(d) Instructions for election officials and voters will be available in each election from the certified commodity organization and approved by the Commissioner.

(e) Ballots will be counted by a canvassing committee consisting of a county judge (or representative) from the area, a county extension agent, a representative of the certified commodity organization or board, and a representative of the Department.

(f) In all elections, results must be submitted to the Commissioner for certification.

(g) All ballots shall be locked in a container and stored with the county clerk's office or the office of the certified organization or board. If no contests arise out of the election within 45 days after the day of the referendum or election, the ballots shall be destroyed by shredding with notice to the certified organization or board and the Commissioner.

(h) Any contest of the referendum and/or election must be filed in a court of competent jurisdiction within 30 days after the ballots have been canvassed.

Source Note: The provisions of this §23.25 adopted to be effective November 5, 2017, 42 TexReg 6002; amended to be effective April 19, 2023, 48 TexReg 1953