Section 255 - Eligibility of producers; conduct of referendum(a) Only persons who verify pursuant to this section that they are producers shall be eligible to vote in a referendum. The Secretary shall prepare a list of all persons believed to be producers. At least 28 days prior to the referendum, he or she shall mail to each person on the list a notice of the referendum and a statement on which each person may verify that he or she is a producer within the meaning of this chapter. The Secretary shall also cause to be published the notice and verification statement in two newspapers of general circulation throughout the State on the same day for two successive weeks, the last date of publication to be at least 28 days prior to the date of the referendum. The notice shall also state that no producer shall be eligible to vote unless he or she returns the verification statement to the Secretary postmarked at least 10 days prior to the date of the referendum. A referendum shall not be considered invalid because a producer is unknown to the Secretary or does not receive notification.(b) Upon receipt of signed verifications, the Secretary shall mail ballots to all producers who have verified their eligibility to vote. Those producers shall mark their ballots and return them to the Secretary either by hand not later than 10 days after the referendum date or by mail postmarked not later than 10 days after the referendum date.(c) The Secretary shall count the ballots and release the results to the public.(d) The results of any referendum shall bind all producers regardless of whether they voted, or were eligible to vote, in the referendum. The results shall also bind persons who become producers thereafter.(e) Prior to the issuance, amendment, or termination of any marketing rule, the Secretary may require the applicant to deposit with the Agency an amount determined by the Secretary to defray the expense of conducting the referendum. The funds shall be managed as provided by section 256 of this title. If the proposed market rule action is approved in a referendum, the Secretary shall return any unexpended monies collected to the applicant.Amended by 2022 , No. 105, § 55, eff. 7/1/2022.Added 1985, No. 41, § 3, eff. 5/11/1985; amended 1993, No. 73 , § 1, eff. 6/10/1993; 2003, No. 42 , § 2, eff. 5/27/2003.