If the petition
meets the statutory requirements, the Department will provide notice of the
date of the election in a newspaper circulated in the production area. The
notice will appear at least 14 days before the first day of the election. The
notice will include the following:
beginning date and the end date of the election period;
(b) A statement explaining how the grower
list was established; and
Information on how a grower may obtain a ballot.
During the period established for the election, all affected growers are
entitled to vote. Any grower may present evidence in support of a claim to be
an eligible elector, however their vote will not count unless the Supervisor of
Elections determines that they qualify to be an eligible elector;
(b) A partnership has only one vote, which
may be cast either by one of the partners or by the partners jointly;
(c) The vote of a corporation, association,
joint stock company, or other firm or business entity, may be cast by any
properly authorized officer.
The Supervisor of Elections shall:
(a) Conduct the election by giving an
opportunity to affected electors to cast their ballots;
(b) Determine the beginning and end of the
election period and the deadline for casting ballots. Electors must be allowed
at least ten days to vote in the election;
(c) Determine whether ballots may be cast by
mail or at polling places. If the Supervisor of Elections determines that
ballots may be cast by mail, it will cause all material specified in subsection
(3)(d) of this rule to be mailed to each elector at the last known address on
file with the Department. If the Supervisor of Elections determines that
ballots may be cast at polling places, it may determine, subject to provisions
of ORS Chapter 576, the necessary polling places and the hours during which
each polling place will be open; provided that all polling places remain open
at least four consecutive hours during each day announced. The Supervisor of
Elections will also allow electors to vote by absentee ballot;
Make available to affected electors the
(A) A statement of the proposal on
the ballot form;
certifying the following information:
the elector has the authority to vote for business entity;
(ii) The elector's production in the last
preceding crop season or year of the affected commodity; and
(iii) That the elector is a current grower of
the affected commodity.
The Supervisor of Elections and its
appointees during an election will check that each postmark is within the
election period, maintain a daily record of each elector's name and business
entity located on the outside of the return envelope, and place return
envelopes in a locked ballot box. The daily record is available to the public
for inspection. Any registered grower may challenge the qualifications and
eligibility of an elector to vote. The person challenging the ballot must
submit, under oath or affirmation before a public notary, a written statement
of challenge. The statement must contain the challenger's name and residential
address and mailing address, if different; the name of the person challenged;
and a statement of the facts upon which the challenge is based. All challenges
must be received by the Supervisor of Elections by 5:00 p.m. on the second
business day following the close of the election.
(a) The Supervisor of Elections will examine
any challenge to determine if the challenger is registered to vote. If the
challenge meets the requirements contained in this rule, the Supervisor of
Elections will examine the challenge and determine if the person is qualified
and if the vote was properly cast. If the challenge does not comply with the
requirements of this rule, it will be dismissed.
After all challenges have been decided,
the Supervisor of Elections will appoint two persons to open the locked ballot
box and remain present while the ballot box is open. They must immediately
reconcile the number of ballots against the daily record of electors.
(a) One person must open the return envelope
and determine if the certification complies with the requirements of this rule.
If so, the ballot envelope must be handed to the second person for tally. The
first person shall read the certified production total to the second person to
be recorded on the ballot. If the certification does not comply with the
requirements of this rule, it must be submitted to the Supervisor of Election
with the sealed ballot for review. The Department may obtain missing
information from all electors whose certifications are incomplete. One the
certification is complete the ballots may be tallied.
(b) The certification and ballots will remain
in separate files to protect the elector's confidentiality.
Within ten days of the
conclusion of the election, the Supervisor of Elections will prepare the
Certification and Declaration and submit it to the Director for filing with the
Secretary of State. The Certification and Declaration must include the
(a) A statement to the effect that
the ballots submitted are all of the ballots cast and received by such persons
during the election period;
list of all challenged ballots;
A detailed statement explaining the method used in publicizing the election and
how the election was conducted; and
(d) The total numbers of affirmative and
negative votes cast;
percentage of total electors that those voting represent; and
(f) The percentage of total production that
the affirmative and negative votes represent.
(7) After filing the Certification and
Declaration with the Secretary of the State, the Department will announce the
results of the election.
Supervisor of Elections may prescribe additional instructions consistent with
the provisions of this rule.