--- kind: "section" citation: "15 U.S.C. § 8706" title: "15" title_heading: "Commerce and Trade" number: "8706" heading: "Referenda" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/15/8706" units: - "Chapter 113 — Concrete Masonry Products Research, Education, and Promotion" --- # §8706. Referenda - (a) **Initial referendum—** - (1) **Referendum required—** During the 60-day period immediately preceding the proposed effective date of the [order](/usc/15/8702.md?p=14) issued under [section 8703 of this title](/usc/15/8703.md), the [Secretary](/usc/15/8702.md?p=18) shall conduct a referendum among [manufacturers](/usc/15/8702.md?p=12) eligible under [subsection (b)(2)](#b-2) subject to assessments under [section 8705 of this title](/usc/15/8705.md). - (2) **Approval of order needed—** The [order](/usc/15/8702.md?p=14) shall become effective only if the [Secretary](/usc/15/8702.md?p=18) determines that the [order](/usc/15/8702.md?p=14) has been approved by a majority of [manufacturers](/usc/15/8702.md?p=12) voting who also represent a majority of the [machine cavities in operation](/usc/15/8702.md?p=11) of those [manufacturers](/usc/15/8702.md?p=12) voting in the referendum. - (b) **Votes permitted—** - (1) **In general—** Each [manufacturer](/usc/15/8702.md?p=12) eligible to vote in a referendum conducted under this section shall be entitled to cast 1 vote. - (2) **Eligibility—** For purposes of [paragraph (1)](#b-1), a [manufacturer](/usc/15/8702.md?p=12) shall be considered to be eligible to vote if the [manufacturer](/usc/15/8702.md?p=12) has manufactured [concrete masonry products](/usc/15/8702.md?p=4) during a period of at least 180 days prior to the first day of the period during which voting in the referendum will occur. - (c) **Manner of conducting referenda—** - (1) **In general—** Referenda conducted pursuant to this section shall be conducted in a manner determined by the [Secretary](/usc/15/8702.md?p=18). - (2) **Advance registration—** A [manufacturer](/usc/15/8702.md?p=12) who chooses to vote in any referendum conducted under this section shall register with the [Secretary](/usc/15/8702.md?p=18) prior to the voting period, after receiving notice from the [Secretary](/usc/15/8702.md?p=18) concerning the referendum under [paragraph (4)](#c-4). - (3) **Voting—** The [Secretary](/usc/15/8702.md?p=18) shall establish procedures for voting in any referendum conducted under this section. The ballots and other information or reports that reveal or tend to reveal the identity or vote of voters shall be strictly confidential. - (4) **Notice—** Not later than 30 days before a referendum is conducted under this section with respect to an [order](/usc/15/8702.md?p=14), the [Secretary](/usc/15/8702.md?p=18) shall notify all [manufacturers](/usc/15/8702.md?p=12), in such a manner as determined by the [Secretary](/usc/15/8702.md?p=18), of the period during which voting in the referendum will occur. The notice shall explain any registration and voting procedures established under this subsection. - (d) **Subsequent referenda—** If an [order](/usc/15/8702.md?p=14) is approved in a referendum conducted under [subsection (a)](#a), the [Secretary](/usc/15/8702.md?p=18) shall conduct a subsequent referendum— - (1) at the request of the [Board](/usc/15/8702.md?p=2), subject to the voting requirements of subsections [(b)](#b) and [(c)](#c), to ascertain whether eligible [manufacturers](/usc/15/8702.md?p=12) favor suspension, termination, or continuance of the [order](/usc/15/8702.md?p=14); or - (2) effective beginning on the date that is 5 years after the date of the approval of the [order](/usc/15/8702.md?p=14), and at 5-year intervals thereafter, at the request of 25 percent or more of the total number of [persons](/usc/15/8702.md?p=15) eligible to vote under [subsection (b)](#b). - (e) **Suspension or termination—** If, as a result of a referendum conducted under [subsection (d)](#d), the [Secretary](/usc/15/8702.md?p=18) determines that suspension or termination of the [order](/usc/15/8702.md?p=14) is favored by a majority of all votes cast in the referendum as provided in [subsection (a)(2)](#a-2), the [Secretary](/usc/15/8702.md?p=18) shall— - (1) not later than 180 days after the referendum, suspend or terminate, as appropriate, collection of assessments under the [order](/usc/15/8702.md?p=14); and - (2) suspend or terminate, as appropriate, programs and projects under the [order](/usc/15/8702.md?p=14) as soon as practicable and in an orderly manner. - (f) **Costs of referenda—** The [Board](/usc/15/8702.md?p=2) established under an [order](/usc/15/8702.md?p=14) with respect to which a referendum is conducted under this section shall reimburse the [Secretary](/usc/15/8702.md?p=18) from assessments for any expenses incurred by the [Secretary](/usc/15/8702.md?p=18) to conduct the referendum. ## Source credit (Pub. L. 115–254, div. E, § 1307, Oct. 5, 2018, 132 Stat. 3479.)