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U.S. Code as of:
01/03/05
Section 3407. Referendum
The Secretary shall conduct a referendum as soon as practicable
among end product manufacturers not exempt hereunder who, during a
representative period preceding the date of the referendum, as
determined by the Secretary, have been engaged in the manufacture
of end products, for the purpose of ascertaining whether the
issuance of an order is approved or favored by such manufacturers.
Qualified end product manufacturers may register with the Secretary
by mail to vote in such referendum during a period ending not less
than thirty days prior to the date of the referendum. Within ten
days thereafter, the Secretary shall determine which end product
manufacturers are eligible to vote in such referendum and cause to
be published the list of such eligible voters. The Secretary shall
issue ballots to all such persons who have so registered and been
declared eligible to vote. No order issued pursuant to this chapter
shall be effective unless the Secretary determines (1) that votes
were cast by at least 50 per centum of such registered end product
manufacturers, and (2) that the issuance of such order is approved
or favored by not less than two-thirds of the end product
manufacturers voting in such referendum or by a majority of the end
product manufacturers voting in such referendum if such majority
manufactured end products containing not less than two-thirds of
the total processed wheat contained in all end products
manufactured by those voting in the referendum, during the
representative period defined by the Secretary: Provided, That at
the time of the registration provided under this section each end
product manufacturer so registering shall certify to the Secretary
the amount of processed wheat contained in the end products
manufactured by such end product manufacturer during such
representative period. The Secretary shall be reimbursed from
assessments collected by the Council for any expenses incurred for
the conduct of the referendum. Eligible voter lists and ballots
cast in the referendum shall be retained by the Secretary for a
period of not less than twelve months after they are cast for audit
and recount in the event the results of the referendum are
challenged and either the Secretary or the courts determine a
recount and retabulation of results is appropriate.
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