(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.
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