Section 140.20. Election of marketing board.

 

(1)   Initial election. Every proposed marketing order shall provide for the establishment of a marketing board, pursuant to s. 96.10 , Stats. No marketing order may take effect until a marketing board has been elected. The secretary's decision under s. ATCP 140.18 advancing a proposed marketing order to referendum shall include a call for marketing board nominations, and shall further specify a deadline by which nominations must be filed with the secretary. Marketing board members shall be elected by affected producers or handlers from the list of candidates nominated in accordance with sub. (5) , or entered as write-in candidates. If the election results in a tie between candidates, the secretary may determine the winner by means of an impartial method, such as the drawing of lots. The election of marketing board members may be held concurrently with the referendum under s. ATCP 140.19 , at the discretion of the secretary.

(2)   Election procedure; general. The election of marketing board members shall be conducted by the department according to applicable procedures set forth under s. ATCP 140.19 for marketing order referenda. In a marketing board election, as an alternative to sending a ballot to every producer and handler, the department may send to each producer or handler a notice by mail, electronic communication or other effective means explaining how the producer or handler may obtain a ballot. The department may also make other changes in the procedure under s. ATCP 140.19 that are necessary to accommodate relevant differences between a marketing order referendum and an election of marketing board members. Supplementary procedures, not inconsistent with this chapter, may be set forth in the marketing order. A marketing board shall reimburse the department for its costs in conducting an election of marketing board members. Bloc voting is not permitted in the election of marketing board members.

(3)   Election districts; constituency. Pursuant to s. 96.10 , Stats., marketing board members shall be elected by affected producers or handlers according to area, size or any other measure providing for fair representation, as determined under the marketing order and approved by the secretary. Except when marketing board members are to be elected at large, the electoral district represented by each marketing board member shall be set forth in the marketing order, and be identified by the secretary in the secretary's call for marketing board nominations and in the notice of the marketing board election. Separate ballots and voting instructions for affected producers or handlers shall be distributed in each electoral district.

(4)   Term of office. Every marketing order shall prescribe the terms of office for marketing board members. A term of office may not exceed 4 years, or be less than one year. A marketing order may prescribe terms of varying lengths for members elected to the initial marketing board, and uniform terms for all members elected thereafter, so that terms will be staggered and a proportionate number of marketing board members will be elected at each regular election.

(5)   Nominations.

(a) Only an affected producer or handler may serve as a member of a marketing board, or nominate another affected producer or handler for election to a marketing board. The secretary shall certify the eligibility of all persons nominated for election to a marketing board.

(b) The secretary shall call for nominations for the initial election of members to a marketing board as provided in sub. (1) . Nominations for any subsequent election may be called for by the secretary, or by the marketing board as provided in the marketing order, but shall in all cases be filed with the secretary within the time period prescribed in the call for nominations. The call for nominations shall precede the deadline date for the filing of nominations by at least 14 days, and shall announce the availability of nomination forms from the department. Nominations need not be filed on official forms, but shall be filed in writing according to instructions included in the call for nominations.

(c) If an insufficient number of nominations are filed with the secretary during the time period prescribed by the secretary or the marketing board in the call for nominations, the secretary or marketing board may extend the nomination period until sufficient nominations are received to fill the available positions on the marketing board.

History: Cr. Register, November, 1985, No. 359 , eff. 12-1-85; CR 07-067 : am. (2) Register July 2008 No 631, eff. 8-1-08.