Okla. Admin. Code § 35:40-3-73

Current through Vol. 42, No. 8, January 2, 2025

Section 35:40-3-73 - Counting of ballots and contesting elections

(a) Ballots in all referendums and elections shall be counted by a committee consisting of a representative of the Oklahoma Agricultural Extension Service, a representative of the certified commodity organization or the commodity board, and a representative of the Department.

(b) The Commissioner shall approve or disapprove the tally of the ballots and shall give a copy of his decision to the canvassing committee and the certified organization.

(c) Any contest or protest of the election of the commodity board members, the original referendum and/or assessment must be submitted in writing to the Department within 30 days following the counting of the ballots. An investigation shall be conducted by the Department.

(d) The investigation and its findings shall be based upon, but not limited to, fraud, improper signatures, and misstated volumes of production. The certified organization shall be notified in writing of the results of the investigation.

(e) If no contests or investigations arise out of the election, the Department shall destroy all ballots by shredding or burning and notify the organization by mail.

(f) In the event a referendum is not approved in the election process, the certified organization can not reapply for the petition process for a period of one(1) year from the date of the referendum.

(g) In the event a vote to change the assessment rate is not approved, one (1) year must lapse before another election process is initiated.

Okla. Admin. Code § 35:40-3-73

Added at 17 Ok Reg 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff 7-13-00