(1) In the event the board of directors of Tobacco Associates, Inc. determines that it is not desirable or reasonably possible to conduct the referendum provided for in Section 46-31-30 under the terms and conditions prescribed in Section 46-31-40, the board in the alternative may provide that the referendum shall be conducted by mail by written ballots. The determination of whether it is not desirable to conduct the referendum under the terms and conditions prescribed by Section 46-31-40 and the determination of whether or not to conduct such referendum by mail shall be made by affirmative vote of not less than two-thirds of the members of the board (which vote shall also include the affirmative vote of not less than two-thirds of such board members who were elected by South Carolina farm organizations).

(2) In the event that the board shall determine to conduct the referendum by mail as provided in subsection (1) above, the board shall:

(a) prescribe the rules and regulations under which such mail referendum shall be conducted;

(b) provide the necessary ballots and cause them to be mailed to the farmers of South Carolina who are engaged in the production of flue-cured tobacco;

(c) provide envelopes for the return of such ballots by individual voters;

(d) cause to be published through the medium of the public press in the State of South Carolina, notice of the holding of the referendum at least fifteen days before the mailing out of the ballots;

(e) give direct written notice of such mail referendum to all statewide farm organizations within this State, to each county agent in each county in this State in which flue-cured tobacco is grown and to the chairman of the Agricultural Stabilization and Conservation Service Committee in each county in this State in which flue-cured tobacco is grown;

(f) provide a closing date for the return of the ballots;

(g) provide for the receipt and safeguarding of such ballots; and

(h) canvass the ballots and publish and declare the results of such referendum within thirty days of the date set as the latest date for the return of such ballots.

HISTORY: 1962 Code Section 3-249.11; 1975 (59) 237; 1988 Act No. 550, Section 10, eff May 29, 1988.