Ohio Code 1510.05 – Procedure for referendum
(A) Not later than ninety days after the technical advisory council has approved a marketing program proposed under section 1510.04 of the Revised Code, or an amendment to such a program, the council shall determine by a referendum whether the eligible producers, as determined under division (A)(3) of section 1510.02 of the Revised Code, favor the proposed program or amendment. The council or committee shall cause a ballot request form to be published not less than thirty days before the beginning of the election period established under division (B) of this section in at least two appropriate periodicals designated by the council or committee and shall make the form available for reproduction to any qualified independent producer association.
Terms Used In Ohio Code 1510.05
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- council: means the technical advisory council created in the division of oil and gas resources management under section 1509. See Ohio Code 1510.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Producer: means a person who complies with all of the following:
(1) Produces oil or natural gas in this state;
(2) Derives a majority of income from ownership in properties producing oil or natural gas ;
(3) Is the owner of record for the respective wells from which assessments are levied under this chapter. See Ohio Code 1510.01
(B) In a referendum held under this section, each eligible producer is entitled to one vote. The council or committee shall establish a three-day period during which eligible producers may vote either in person during normal business hours at polling places designated by the council or committee or by mailing a ballot to such a polling place. The council or committee shall send a mail-in ballot by first-class mail to any eligible producer who requests one by sending in the ballot request form provided for in division (A) of this section, by calling one of the polling places designated by the council or committee, or by any additional method that the council or committee may provide. A ballot that is returned by mail is not valid if it is postmarked later than the third day of the election period established by the council or committee.
(C) A marketing program or an amendment to a marketing program is favored by producers if a majority of the producers who vote in the referendum vote in favor of the program or amendment. If the producers who vote in the referendum do not favor the proposed program or amendment, the council shall not hold another referendum on the proposed program or amendment during the ten months following the close of the referendum at which the producers did not favor the proposed program or amendment.