ORS 583.490¹
Conduct of referendum

(1) A two-third majority vote by the producers voting in a referendum is required to pass or approve the subject matter contained in or the proposition put to the voters by the referendum.

(2) The results of any referendum held by the State Department of Agriculture shall be filed with the Secretary of State and shall not be considered to be part of its regulations. At least nine calendar months must elapse after the results of a referendum are filed with the Secretary of State, before another referendum can be held among producers relating to the same subject matter or proposition covered by the prior referendum.

(3) If the referendum is conducted by mail, the department in order to insure secret balloting, shall use a double-envelope ballot system similar to the voting and referendum procedure approved and used by the Oregon State Bar Association as of June 4, 1963. Two envelopes and a ballot shall be furnished by the department to each producer authorized to vote in a referendum. A transmittal envelope shall contain only information necessary for the department to accurately determine the producer is authorized to vote. The producer shall mark a ballot and place it in a ballot envelope, both of which shall not contain or be identified in any way as to the name of the producer. Upon receipt of the transmittal envelope and after verification of the right of the producer to vote, the department shall remove the unopened sealed ballot envelope and drop it in a locked box until such time as all ballots are later counted as required by law. Only the final results of any referendum shall be a public record.

(4) No informalities or technicalities in the conduct of a referendum, or in any matters relating thereto, shall invalidate any referendum if it is fairly and reasonably conducted by the department. The provisions of ORS 583.001 (Short title), 583.004 (Use of fees in enforcement of chapter), 583.021 (Exemption of certain producer-handlers), 583.028 (Application of audit, pooling, equalization and quota provisions) and 583.410 (Purpose) to 583.565 (Effect of termination of chapter) are intended as guideposts or standards, with the department authorized to enumerate and define persons who may sign petitions, who may vote in referendums and to establish additional procedures to carry out the provisions of ORS 583.480 (Qualifications to sign petition or vote in referendum) to 583.490 (Conduct of referendum). [1963 c.442 §22(2),(3),(4),(7); 1977 c.307 §12]

1 Legislative Counsel Committee, CHAPTER 583—Milk Marketing, Production and Distribution, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors583.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information