§ 5356. Referendum Procedure.

(a) The Secretary shall call a Referendum every two years as required by the Act. The following information shall be announced:

(1) The date Assessed Businesses shall be Paid in Full, thereby ensuring their eligibility to vote in the Referendum.

(2) The dates by which all Commission resolutions and Assessed Business Referendum Requests shall be delivered to the Secretary for inclusion in the Referendum,

(3) The Referendum time periods are determined pursuant to Government Code Section 15372.103.

(b) The Office shall mail the Ballot to all eligible Assessed Businesses as described in section 5354. The number of votes that each Assessed Business receives is determined as described in Government Code Section 15372.104.

(c) For each vacant Commissioner slot within its Industry Category, an Assessed Business shall be authorized to substitute the name of one write-in candidate, as provided in section 5355(a)(4). In the event a write-in candidate and a candidate listed on the section 5355(a)(1) slate of Commissioner candidates receive the same number of votes, the Secretary shall break the tie with a random selection process such as a coin toss. If the total number of write-in candidates exceeds the total number of vacant Commissioner slots within a Business' Industry Category, the Ballot shall be void.

(d) The Secretary shall count and tabulate the valid Ballots and certify the results not later than 30 calendar days from the voting deadline. The certified results shall be sent to all Assessed Businesses that returned valid Ballots.

HISTORY

1. New section filed 7-1-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 27).

2. Amendment of section and Note filed 8-7-2001; operative 9-6-2001 (Register 2001, No. 32).

Note

Note: Authority cited: Section 11152, Government Code. Reference: Sections 15372.86, 15372.100, 15372.103, and 15372.104, Government Code.