Section Text
(a) Initial referendum (1) Referendum required
During the 60-day period immediately preceding the proposed effective date of the order issued under section 8703 of this title, the Secretary shall conduct a referendum among manufacturers eligible under subsection (b)(2) subject to assessments under section 8705 of this title.
(2) Approval of order needed
The order shall become effective only if the Secretary determines that the order has been approved by a majority of manufacturers voting who also represent a majority of the machine cavities in operation of those manufacturers voting in the referendum.
(b) Votes permitted (1) In general
Each manufacturer eligible to vote in a referendum conducted under this section shall be entitled to cast 1 vote.
(2) Eligibility
For purposes of paragraph (1), a manufacturer shall be considered to be eligible to vote if the manufacturer has manufactured concrete masonry products during a period of at least 180 days prior to the first day of the period during which voting in the referendum will occur.
(c) Manner of conducting referenda (1) In general
Referenda conducted pursuant to this section shall be conducted in a manner determined by the Secretary.
(2) Advance registration
A manufacturer who chooses to vote in any referendum conducted under this section shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).
(3) Voting
The Secretary shall establish procedures for voting in any referendum conducted under this section. The ballots and other information or reports that reveal or tend to reveal the identity or vote of voters shall be strictly confidential.
(4) Notice
Not later than 30 days before a referendum is conducted under this section with respect to an order, the Secretary shall notify all manufacturers, in such a manner as determined by the Secretary, of the period during which voting in the referendum will occur. The notice shall explain any registration and voting procedures established under this subsection.
(d) Subsequent referenda
If an order is approved in a referendum conducted under subsection (a), the Secretary shall conduct a subsequent referendum—
(1) at the request of the Board, subject to the voting requirements of subsections (b) and (c), to ascertain whether eligible manufacturers favor suspension, termination, or continuance of the order; or
(2) effective beginning on the date that is 5 years after the date of the approval of the order, and at 5-year intervals thereafter, at the request of 25 percent or more of the total number of persons eligible to vote under subsection (b).
(e) Suspension or termination
If, as a result of a referendum conducted under subsection (d), the Secretary determines that suspension or termination of the order is favored by a majority of all votes cast in the referendum as provided in subsection (a)(2), the Secretary shall—
(1) not later than 180 days after the referendum, suspend or terminate, as appropriate, collection of assessments under the order; and
(2) suspend or terminate, as appropriate, programs and projects under the order as soon as practicable and in an orderly manner.
(f) Costs of referenda
The Board established under an order with respect to which a referendum is conducted under this section shall reimburse the Secretary from assessments for any expenses incurred by the Secretary to conduct the referendum.
Citation
15 U.S.C. § 8706 (2018)