A. Before any change in assessment can be made, a referendum of the members of the Oklahoma Peanut Growers Association shall be conducted to determine the proportion of the members that favor continuation of the program and the proportion of the members that favor discontinuing the program. Thereafter, such referendum shall be conducted no more  than once every three (3) years upon the receipt by the Oklahoma Peanut Commission of petitions requesting a referendum signed by at least ten percent (10%) of the members of the Oklahoma Peanut Growers Association.

B. At any time a referendum is to be held, the Commission shall write a definition of a producer eligible to vote, and shall cause a notice to be given, by letter or publication in the official publication of the Oklahoma Peanut Commission. The Commission shall send ballots to those persons eligible to vote and shall set the final date for ballots to be returned for tabulation. The Commission shall provide for the printing of ballots and shall furnish a double envelope system so that the identity of a voter cannot be determined. The grower shall return the ballots by way of a sealed envelope, pre-addressed to the President of the State Board of Agriculture.

C. Tabulation of ballots shall be jointly by the President of the State Board of Agriculture and chairman of the Oklahoma Peanut Commission. Whenever the question of levying the assessments is disapproved, by failure of sixty percent (60%) of growers voting in the referendum to favor continuation of the assessments, the proclamation declaring the result shall provide for the termination of the assessments on April 30, following the date of the referendum.

D. Thirty (30) days after termination of the assessment, all remaining funds of the Commission shall be transferred to the experiment stations of Oklahoma State University to be used for continued research on peanuts.

Historical Data

Laws 1965, HB 962, c. 349, § 13, emerg. eff. June 28, 1965; Amended by Laws 1978, SB 542, c. 134, § 8, emerg. eff. April 4, 1978; Amended by Laws 2001, HB 1378, c. 146, § 49, emerg. eff. April 30, 2001 (superseded document available); Renumbered from 2 O.S. § 1113 by Laws 2001, HB 1378, c. 146, § 251, emerg. eff. April 30, 2001.