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.