A. If an election is conducted by a referendum, the marketing order shall be adopted or substantially changed if either:
- 1. Forty per cent of persons by volume or by number entitled to vote cast ballots and at least sixty-five per cent by number and fifty-one per cent by volume assent to the proposal.
- 2. Forty per cent of persons by volume or by number entitled to vote cast ballots and at least fifty-one per cent by number and sixty-five per cent by volume assent to the proposal.
- B. If an election is conducted by filing written assents, the marketing order shall be adopted or substantially changed if at least sixty-five per cent by number and fifty-one per cent by volume file a written assent to the proposed marketing order or at least fifty-one per cent by number and sixty-five per cent by volume file a written assent to the proposed marketing order.