Current through all regulations passed and filed through September 16, 2024
After the director has ruled favorably for a proposed marketing
program or amendment to a program, he shall hold a referendum in accordance
with division (A) of section
924.06 of the Revised
Code.
(A) Referendum:
(1) The director shall designate three
consecutive business days to conduct in person voting at polling
places.
(2) If opting to vote via
mail, return mail ballots must be postmarked no later than midnight on the last
day of the referendum and be received by the teller's committee within ten days
from the closing date of the referendum.
(B) Polling places:
(1) The director shall designate at least two
polling places.
(2) The addresses
and telephone numbers of each polling place shall be published in the public
notice of the referendum, as well as the dates and times each polling place is
to be open.
(3) The director may
designate, in addition to the polling place in paragraph (B)(1) of this rule,
polling places at meetings of producer associations or general farm
organizations. These polling places shall be:
(a) Exempt from telephone request for ballots
as specified in division (E) of section
924.06 of the Revised
Code;
(b) Published in the public
notice, along with the dates and times each polling place is to be open;
and
(c) Required to admit
producers, without fee, for the purpose of voting.
(C) Impartial observer:
(1) The director shall appoint an impartial
observer at each polling place who will be ineligible to vote in the
referendum.
(2) The impartial
observers shall determine the eligibility of each
voter and upon finding issues with eligibility, shall report such issues of
eligibility to the director.
(D) Petition forms, ballot applications, and
ballots:
(1) The question(s) to be voted upon
shall be presented to voters in common, understandable terms.
(2) The director may determine information
required on all petitions, ballot applications, ballots and refund forms. These
may include:
(a) Name and address of
producer;
(b) Name and address of
voter;
(c) County of
residence;
(d) Certification
statement signed by voter as to eligibility to vote;
(e)
Social security or tax identification number on refund forms; or
(f)
Any other information deemed necessary by the
director.
(3) The
director shall approve all ballots, ballot application forms, petitions, and
refund forms.
(4) Signatures on
petition forms shall be within twelve consecutive months from date of
presentation to the director.
(E) The director shall appoint a teller's
committee to count the ballots and determine the results of the referendum in
accordance with section
924.06 of the Revised
Code.
(F) In situations where a
national or regional marketing program is in conflict with a state marketing
program, the director, subject to the approval of the operating committee, may
make minor technical changes in the state program so long as the intent of the
program does not change.
