| 2. Elections to be held. For each racing segment, the |
| commission shall certify, biannually beginning in 1998, |
| eligibility of voters, and shall conduct and certify an election |
| to determine who will be the exclusive bargaining agent to |
| represent licensed harness horse owners, trainers and drivers at |
| each racetrack within that racing segment. During each January |
| preceding such an election, the commission, in consultation with |
| the racetracks within each racing segment and in consultation |
| with the existing representatives of licensed harness horse |
| owners, trainers and drivers within that racing segment shall |
| prepare a list of eligible voters within each racing segment. |
| During February of each year for which elections are to be held, |
| the commission shall prepare and forward to each eligible voter |
| within each racing segment a ballot for the election of the |
| exclusive bargaining agent within that racing segment. The |
| ballot must include the name of any incorporated entity that |
| during the preceding January has requested in writing to have its |
| name included on the ballot for that racing segment. Eligible |
| voters for each racing segment are entitled to vote in the |
| election held for that racing segment either by returning the |
| commission's official mailed ballot to the commission not later |
| than the following February 28th or by appearing and voting in |
| person, by secret ballot, at the public polling conducted |
| pursuant to subsection 3. Racing segments shall remain neutral |
| in the exclusive bargaining agent election process.__Opposition |
| to, support or influence for or interference with any candidate |
| in an exclusive bargaining agent election by a racing segment, |
| its employees or agents is strictly prohibited except as provided |
| in this subsection.__If a candidate for exclusive bargaining |
| agent believes that the racing segment for which the exclusive |
| bargaining agent election is being held is supporting or opposing |
| a candidate, influencing the election or interfering with the |
| election, the candidate may file a civil action in Superior Court |
| in the county in which the election is to be held to seek |
| equitable and legal relief including temporary restraining |
| orders, preliminary and permanent injunctive relief to enjoin the |
| prohibited behavior and for the awarding of damages.__If a |
| candidate for exclusive bargaining agent establishes by a |
| preponderance of the evidence that a racing segment has engaged |
| in prohibited activity, the candidate for exclusive bargaining |
| agent is entitled to actual, compensatory, exemplary and punitive |
| damages, reasonable attorney's fees, interest and costs. |
