§ 3-410 — Election procedures

A. For an election conducted by referendum, each affected person entitled to vote on the department list shall receive a ballot. The ballot shall state or be accompanied by the text of the proposed marketing order, the date the ballot must be received by the department and the address to which the ballot shall be returned. The return date shall be between fifteen and thirty days after it is sent by the department.

B. For an election conducted by written assents, each written assent shall specify that the written assent is being filed for the proposed marketing order, shall be dated and signed and shall clearly state the name, representative capacity and address of the person filing the written assent.

C. Each person entitled to vote shall have one vote. If the proposed marketing order program regulates both producers and shippers, a person who is both a producer and shipper is entitled to one vote for each category.

D. If both producers and shippers are to be regulated under the marketing order, voting shall be conducted independently for each category. The marketing order must be separately approved by each category to be effective for the category.

E. Within ten days after the date for returning ballots for a referendum or within ten days after the close of the period for filing written assents, the department shall certify the election results. The department may not disclose how a particular person voted but shall disclose who voted and the total number of votes cast favoring the marketing order and the total number of votes cast opposing the marketing order.

F. If approved, the marketing order is effective a minimum of five days after the notice is mailed to every affected person and to every person who requests notification.