C. If the qualifying club demonstrates by a
written secret ballot vote taken at least once every 3 years that a majority of
the members voting have voted to allow smoking. The date of the vote must be
announced to all members as provided below at least 30 days prior to the vote.
All ballots cast in the vote must be kept on file for at least 3 years and made
available to the Maine Center for Disease Control and Prevention upon request.
1
Member Voting - Procedures
Required
Each qualifying club must adopt and implement written
policies and procedures that:
a.
Provide for a secret ballot vote of members. The secret ballot vote shall:
i. assure that each voting member casts a
single vote;
ii. assure the
anonymity of each vote;
iii. assure
the voting process is free of any attempt to influence any individual vote or
voter.
b. Provide for
the appointment of an individual to oversee the secret ballot vote. The
overseer may be an officer, manager, member or non-member of the
club.
c. Provide written notice of
the vote to each member at least 30 days prior to the vote that:
i. is printed in a legible type with a font
size of at least 12;
ii. is neutral
with respect to the subject matter of the vote;
iii. indicates that any member may request
and cast an absentee ballot that will be included in the final vote
count;
iv. clearly states the time
and place of the voting, and the time and place of counting of votes;
v. provides clear instruction on how to mark
the ballot;
vi. when the notice and
absentee ballots are provided in one mailing provides an absentee ballot and
other materials that assure anonymity;
vii. is sent in sufficient time to be
received by the member for the return of absentee ballots prior to the due date
for submission of votes.
d. Upon request of any member, provide an
absentee ballot and other materials, when such were not included with the
notice required above, that ensures anonymity and is mailed or delivered in
sufficient time to be received by the member for the return of absentee ballots
prior to the date of the vote;
e.
Allow members to observe conduct of the voting and the counting of the
ballots;
f. Provide for posting or
other notice of the result of the vote;
g. Provide a procedure for members to
challenge individual ballots for cause.
2 The qualifying club must provide written
notice to the Maine Center for Disease Control and Prevention of the results of
the vote within 30 days of the votes.
3 A written secret ballot vote conducted by a
qualifying club which has failed to adopt and implement the above required
policies and procedures is presumed invalid. An invalid vote does not
demonstrate that the members of qualifying club have voted to allow
smoking.
4 Upon request, the Maine
Center for Disease Control and Prevention will provide a qualifying club with a
model policy and procedures for conducting votes on smoking. Any balloting
conducted in accordance with the model policy and procedures provided by the
Maine Center for Disease Control and Prevention will be presumed to be in
compliance with these Rules.
