Ohio Code § 924.06

§ 924.06.

(A)  Within ninety days after approving an agricultural commodity marketing program proposed

on or after the effective date of this amendment, or a proposed amendment to an agricultural

commodity marketing program, the director of agriculture shall determine by a referendum

whether the eligible producers favor the proposed marketing program or amendment.  Any such marketing program or amendment to a marketing program is favored by the

producers of the agricultural commodity that would be affected by the proposed program

or amendment if a majority of the producers who vote in the referendum vote in favor

of the program or amendment. (B) If the producers who vote in any referendum held pursuant to this section do not

favor a proposed marketing program, or proposed amendment to a program, the director

shall hold no additional referendum on that proposed program or proposed amendment

during the ten months following the close of the referendum at which the producers

did not favor that proposed program or amendment. (C) In any referendum held pursuant to this section, each eligible producer of the agricultural

commodity that would be affected by the proposed marketing program, or amendment to

a program, is entitled to one vote. (D) In any referendum held on an agricultural commodity marketing program, or a proposed

amendment to such a program, votes may be cast in person or by mailing a ballot to

a polling place designated by the director.  The director shall establish a three-day period during which eligible producers

may vote in person during normal business hours at polling places designated by the

director.  The director or other appropriate person shall send a mail-in ballot by ordinary

first-class mail to any eligible producer who requests one by calling the toll-free

telephone number or sending in the ballot request form provided for in division (E)

of this section, by calling one of the polling places designated by the director,

or by any additional method that the director or operating committee may provide.  No ballot returned by mail shall be valid if it is postmarked later than the third

day of the election period established by the director. (E) For any referendum held on an agricultural commodity marketing program, or a proposed

amendment to such a program, the director or operating committee shall cause a ballot

request form to be published at least thirty days before the beginning of the election

period established under division (D) of this section in at least two appropriate

periodicals designated by the director, and shall make the form available for reproduction

to any interested group or association.  The director shall provide a toll-free telephone number that producers may call

to request a ballot. (F) For the purposes of a referendum held on an egg marketing program or a proposed amendment

to such a program under this section, an eligible producer is a person who is in the

business of producing and marketing, or causing to be produced and marketed, eggs

from a flock of more than seventy-five thousand domesticated chickens and, if the

referendum is held on a proposed amendment to an egg marketing program, is subject

to an assessment under the program.