A. In a referendum election, if the Commissioner finds that either of the two conditions set forth in subsection B of this section are met, the Commissioner shall publicly certify the adoption of the referendum proposition and issue certificates of election to those persons elected to the board. Otherwise the Commissioner shall certify that the referendum proposition was defeated.
B. The referendum proposition will be adopted upon a finding that:
1. Two-thirds or more of those voting in the election voted in favor of the referendum proposition; or
2. More than one-half of those voting in the election voted in favor of the referendum proposition, and those voting in favor of the proposition produced at least fifty percent (50%) of the volume of the production of the commodity during the relevant production period.
C. A successor organization shall follow the board election procedures set in the bylaws of the successor organization and the statutory assessment provisions for the particular commodity represented by the successor organization.
Added by Laws 1999, c. 123, § 12, eff. July 1, 1999. Amended by Laws 2014, c. 1, § 11, eff. July 1, 2014.