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 effecitve 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.
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