(1) If a referendum regarding the formation of a district is required under ORS 568.351, the State Department of Agriculture shall: (a) Prepare appropriate ballots and administer the referendum election process; or (b) Enter into an agreement with county officials for administration of the referendum election process by the county. (2) The ballot for a referendum election must include a map or other description of the boundaries of the proposed district, provided by the department, that uses legal descriptions and generally recognized features. The ballots must comply with ORS 250.035. (3) If the legally required number of ballots approve the formation of the district, the department shall issue an order of formation for the district as provided under ORS 568.351 and appoint directors as provided under ORS 568.400. If the required number of ballots to approve the formation are not cast, the department may not issue an order for formation of the district. (4) If a referendum does not approve a proposal to form a district, the department may not accept the filing of a petition covering the same or substantially the same territory as the disapproved proposal until one year after the referendum election date. Upon the filing under ORS 568.300 of a petition covering the same or substantially the same territory as the disapproved proposal, the department shall conduct new hearings and make new determinations regarding the district formation proposed by the petition.
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