[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Notices]
[Pages 2837-2842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-933]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 70, No. 11 / Tuesday, January 18, 2005 /
Notices
[[Page 2837]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Uniform Guidelines for Conducting Farm Service Agency County
Committee Elections
AGENCY: Department of Agriculture.
ACTION: Notice.
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SUMMARY: The Secretary of Agriculture (the Secretary) published in the
Federal Register on August 17, 2004 proposed uniform guidelines for
conducting elections of Farm Service Agency (FSA) County Committees,
pursuant to section 10708 of the Farm Security and Rural Investment Act
of 2002 (Pub. L. 107-171) (the 2002 Farm Bill). The notice provided a
thirty-day period for public comments. As a result of numerous
requests, the public comment period was extended until October 16,
2004, in a Federal Register notice published September 22, 2004. After
analysis of the comments received, the Secretary is now issuing the
final uniform guidelines for conducting FSA County Committee elections.
DATES: Effective Date: January 18, 2005.
FOR FURTHER INFORMATION CONTACT: Ken Nagel, Administrative Management
Specialist, Office of the Deputy Administrator for Field Operations,
FSA, at (202) 720-7890, or at [email protected]. Persons with
disabilities who require alternative means for communication (Braille,
large print, audiotape, etc.) should contact the USDA Target Center at
(202) 720-2600 (voice and TDD).
SUPPLEMENTARY INFORMATION: The Secretary is issuing uniform guidelines
pursuant to the 2002 Farm Bill in order to ensure that FSA County
Committees are fairly representative of the agricultural producers
covered by the relevant county or counties, including fair
representation of socially disadvantaged (SDA) farmers and ranchers.
The guidelines address County Committee election outreach efforts,
procedures for nomination and election of County Committee members, and
reporting and accountability requirements. FSA will be required to
follow such guidelines in conducting FSA County Committee elections.
The Federal Register notice in which the proposed guidelines were
issued provides additional information on the background and intent of
the guidelines. That notice also stated that, to the extent possible,
the proposed guidelines would be followed in preparation for the 2004
County Committee election process while comments were being reviewed.
USDA received 352 comments on the proposed uniform guidelines.
About 65 percent of the respondents objected to the issuance of any
guidelines, although many of these general complaints also contained
objections to specific provisions. About 11 percent of the respondents
agreed with all the proposed guidelines, and 24 percent commented on
only specific provisions. In general, those respondents disagreeing
with the proposed uniform guidelines believe that the FSA County
Committee election process used in previous elections is fundamentally
sound, and they wish to revert to the procedures used prior to the
publication of the proposed guidelines. The majority of the specific
objections were to the appointment of at-large members by the Secretary
to represent the interest of SDA farmers and ranchers, nomination of
candidates for County Committees by the Secretary, reduction of term
limits for County Committee members from 3 to 2 terms, the mailing of
ballots by voters directly to State offices, and increased
centralization of the election process. Many of the comments received
with these objections appear to be based on a form letter provided to
County Committee members and employees from the National Association of
Farmer Elected Committeemen. The American Corn Growers, National
Association of Wheat Growers, National Cotton Council, National Farmers
Organization, National Grange, and Women Involved in Farm Economics
filed a joint letter with similar objections. Other individuals
interested in County Committee elections also filed comments opposing
all or specific sections of the proposed uniform guidelines.
Many of the supporters of the proposed uniform guidelines consisted
of member organizations of the Rural Coalition. Other supporters of
specific sections of the proposed uniform guidelines were the Minority
Agricultural Producers Cooperative, the Twin Rivers Cooperative, the
National Tribal Development Association, and the Farmers Legal Action
Group. Individuals interested in County Committee elections also filed
comments supporting all or specific sections of the proposed uniform
guidelines; whoever, fewer individuals filed supporting comments than
opposing comments.
While USDA received more negative than positive comments, section
10708 of the 2002 Farm Bill grants discretion to the Secretary to issue
uniform guidelines if the Secretary determines they would be necessary.
After evaluating the nationwide results of the County Committee
elections, the Secretary decided that issuing uniform guidelines was
warranted. The comments received have not changed this basic
determination. The Secretary has, however, taken the logical course of
action of addressing, and in some cases modifying, those specific
provisions that drew significant numbers of comments.
A large number of comments concerned the Secretary's option under
the 2002 Farm Bill to issue provisions allowing for the appointment of
a member representing the interests of SDA farmers and ranchers to
particular committees. However, the uniform guidelines do not contain
any provisions for the appointment of an SDA voting member. What the
guidelines do state is that the Secretary may consider whether to issue
written provisions providing for such appointments. Such a
determination would only be made after a complete analysis of the
results of future County Committee elections. If it is determined that
such provisions should be issued, proposed written provisions on County
Committee appointments will be published in the Federal Register with
an opportunity for public comment before any such appointments would be
made. The public comments already made on this issue will also be
reexamined at that time.
Many comments were received regarding nomination by the Secretary
[[Page 2838]]
of candidates if no nominations are received during the official
nomination period, or if the Secretary determines that it is
appropriate to nominate additional candidates in order to ensure fair
representation. Those objecting to this policy asserted that such a
procedure could politicize the nomination process or would not be in
accord with the original intent of Congress in creating locally elected
County Committees. These objections must be examined in light of the
language and intent of the 2002 Farm Bill as well. It is clear that
Congress intended that there should be changes in the County Committee
election system when it enacted section 10708 of the 2002 Farm Bill.
Specifically, section 10708 directs the Secretary to take steps to
enhance the opportunities for SDA candidates to be nominated and
elected to County Committees. Providing the Secretary with the
authority to make nominations in limited circumstances is a tool to
reach this goal. As a matter of practical consideration, since the
Secretary would turn to local sources such as community-based
organizations or the County Committee members themselves as a source of
candidates, it is unlikely that the partisan affiliation of such
candidates would be considered by the Secretary. Finally, FSA County
Committees by reaching out to SDA producers and the groups representing
SDA interests, can create a climate in which an appropriate level of
SDA participation is generated. This will negate the necessity for the
Secretary to nominate candidates in the first place. In light of these
considerations, the Secretary will leave the provisions for Secretarial
nominations contained in the proposed guidelines, though a technical
correction in language was made to this provision.
Some respondents objected to a review of local administrative area
(LAA) boundaries by the FSA national office in order to determine if
redrawing such boundaries would assist in ensuring the fair
representation of SDA producers. Commenters asserted that FSA County
Committees have handled this process well for over 50 years, and that
such boundary changing might introduce partisan bias into county
elections. These objections must be considered in light of the
realities of drafting LAA boundaries. First, the regulations contained
in 7 CFR part 7 are being revised to contain more specific, neutral
criteria that will guide FSA State and County Committees in their
annual reexamination of LAA boundaries. The general standards governing
the redistricting of national, State, and local legislative districts
have evolved considerably since the 1930's as a result of the Voting
Rights Act and the one-person, one vote decisions by the United States
Supreme Court. While the Voting Rights Act and the one person, one vote
standard may not apply directly to the drafting of FSA County Committee
LAAs, generally accepted neutral redistricting criteria should be
considered in drafting those LAAs. Even without guidelines on this
issue, FSA State committees will continue to exercise oversight of this
process. Nonetheless, the Secretary's authority regarding County
Committees includes providing proper oversight to ensure that the
criteria contained in the regulation are being applied. Finally, any
examination and possible adjustment of LAA boundaries at the national
level would be conducted by career staff, and would not result in
changes unless the criteria contained in the regulation is determined
to have been violated. Even then, any new boundaries would be subject
to the same neutral criteria contained in the regulations.
A suggestion from a respondent that any proposal to re-draw LAA
boundaries should include some mechanism for soliciting input from the
public is well advised. Provisions of this type are already contained
in the guidelines and any objections can be presented to the FSA State
committees and considered by the State committees as part of their LAA
redistricting approval process. As a result of this suggestion,
however, provisions for such reviews will be strengthened in the final
guidelines.
Suggestions were also made that County Committee members should be
elected at-large. Such at-large elections might have the effect of
diluting the voting strength of SDA producers and, thereby, might
reduce the likelihood of election of SDA committee members. The uniform
guidelines do provide that the Secretary may consider the use of at-
large seats for certain County Committees in the future; however, the
Secretary has determined not to use such at-large seats at this time.
In light of all these considerations, except for a strengthening of the
ability of the public to comment on proposed LAA boundary changes, the
uniform guideline provisions concerning LAA boundaries have been left
unchanged in the final guidelines.
Many respondents opposed reducing term limits from the current
three-term limit to two terms. The most common reason given was the
loss of institutional knowledge, along with the length of time required
to properly train members in the programs administered by FSA. Those
supporting the proposed guideline on this issue were concerned that
many sitting County Committee members had been serving for too many
years. Due to the reorganization of USDA, the term limit baseline had
been reset in 1995 for all sitting County Committee members. This has
resulted in many members having served on a County Committee well in
excess of the 9 years mandated by the present 3-term limit. Such
persons were not eligible to seek election in 2004, and the remainder
will be barred from reelection in 2005 and 2006 as their LAAs rotate
through the tree-year staggered election cycle. Since a term limit is
neutral in terms of SDA status and could, therefore, be a detriment to
presently sitting SDA committee members, a determination has been made
to retain the current three-term limit. The final guidelines also
clarify that an individual may not serve more than three consecutive
terms or portions of terms.
A majority of those commenting on the provision to conduct annual
reviews of County Committee elections supported annual reviews. Some
respondents, however, were opposed to such reviews because, in their
view, they are based on a perceived lack of trust of the administration
of the election process by local FSA County Committees. Section 10708
of the 2002 Farm Bill continues to require the Secretary to ensure that
participation by SDA producers and all other producers are fairly
represented on FSA County Committees. Conducting annual reviews is one
of many tools that the Secretary may use to ensure that there is such
fair representation. Annual reviews also will ensure that all election
procedures are followed in a uniform manner nationwide and that they
are understood by County Committees and county office staff.
A substantial number of comments opposed the provision that
requires that all marked ballots be returned directly to FSA State
offices, and then be returned in sealed ballot boxes for public
canvassing by the County Committees. Primary concerns were the
potential for problems in collection and shipping of ballots by State
offices and the added burden to State office staff. Concerns were also
expressed that this procedure could politicize these elections, and
that County Committees have conducted completely transparent elections
in the past.
There is no reason to assume that career Federal employees handling
ballots at the State office would be any more likely to inject
political partisanship into the process of placing
[[Page 2839]]
ballots received in the mail into sealed ballot boxes. It is important
to note that County Committee election ballots, returned by mail or in
person, are sealed within a return envelope that has been signed by the
voter. At the time that the votes are counted, all these return
envelopes are emptied out of the ballot box. The eligibility of each
voter to cast a vote is then determine by checking the signature on the
return envelope against the official list of eligible voters. If the
voting is determined to be proper, then the sealed ballots of the
eligible voters contained within the return envelopes are then co-
mingled without identification. The ballots themselves are then opened
and counted. While it is certainly true that the great majority of
County Committee elections have been handled properly, it is not common
election procedure that persons who may be directly working for those
standing for election should be handling ballots that are identified by
name. It is for this reason that the mailing back of all ballots to the
State offices was contained in the proposed guidelines. The procedure
was tested in the 2004 County Committee election for 300 targeted
counties. After review of this pilot project, FSA determined that this
procedure was manageable for about 300 to 500 County Committee
elections, but probably would be impractical for all County Committee
elections. For this reason, the decision has been made to require
ballots to be mailed directly to State offices only at the request of a
candidate, or when the Secretary determines that this procedure is
necessary in any specific county. In all other cases, voters will
return their ballots directly to their respective county offices.
The provision requiring that nomination forms be mailed to all
eligible voters was supported in a majority of the comments. Supporters
did not necessarily recommend a specific mailing be conducted, but
expressed greater support that nomination forms should be included with
a newsletter or some other mailing. Those in opposition to the mailing
of nomination forms felt that the process would not be productive in
gaining additional nominations.
It has been decided to require State and county newsletters, or any
mailing announcing County Committee elections, to include a nomination
form and instructions, but not to require a special mailing of
nomination forms alone. The final guidelines also require that
nomination forms be readily available on the FSA Internet site and
publicly accessible in all USDA Service Centers. Reproducible versions
of the nomination forms will also be mailed to FSA outreach partners.
Some respondents opposed centralized ballot production and mailing
because of the additional costs they believed were involved in this new
process, the problems encountered in the 2003 County Committee
elections, and the assertion that the entire election system in the
United States is county-based and administered and should not be
centralized. Additional objections to centralized ballot production
were based on the understanding that FSA has moved to this system
because FSA management believed that county officers are not capable of
administering and conducting fair and unbiased elections and that they
believe that county office staffs should conduct all phases of the
election process. Some supporters of increased centralization of the
County Committee election process commented that they felt there has
been, in some cases, significant local bias and unfairness in the
manner in which these elections have been conducted, and that they
would like the entire process to be removed from the hands of FSA
county office staff.
The driving force behind the centralization of ballot printing and
mailing is cost saving and efficiency. Furthermore, the maintenance of
accurate and complete lists of USDA customers is an integral part of
FSA's operations. Improvement of the accuracy of, and secure internal
access to, FSA producer and other files will allow FSA and the entire
Department to implement effective e-government programs and to better
service the needs of USDA's customers. It should be noted that the
process of centralization of ballot printing has uncovered significant
instances in which lists of eligible voters were either outdated or
contained serious errors. It should be further noted that election
administrators in the United States are currently using central
production and mailing of ballots for far more complex elections. Use
of this procedure is in no way based on any evaluation of either the
level of fairness or bias under which elections are conducted by county
office staff. The Secretary has maintained this provision in the final
guidelines.
Another change to the final uniform guidelines concerns who may
receive a list of eligible voters. Pursuant to the Privacy Act, FSA
issued a Privacy Act System of Records notice that pertains, in part,
to the release of information about producers eligible to vote in FSA
County Committee elections. This notice authorizes the disclosure of
voters' names and addresses to candidates. The regulations contained in
7 CFR part 7 only provide for the release of voter names. This does not
give candidates the ability to communicate effectively with eligible
voters. Both the final guidelines and the regulations will be revised
to allow the release of voter names and addresses to candidates. All
other eligible voters will only be entitled to review a list of the
voter names.
The remaining changes to the final guidelines are minor changes of
some of the dates in the guidelines.
Accordingly, USDA hereby issues Uniform Guidelines for Conducting
FSA County Committee Elections, as follows:
Secretary of Agriculture--Uniform Guidelines for Conducting Farm
Service Agency County Committee Elections
Pursuant to section 10708 of the Farm Security and Rural Investment
Act of 2002, (Pub. L. 107-171)(7 U.S.C. 2279-1), the Secretary of
Agriculture is issuing the following uniform guidelines for conducting
elections to County Committees of the Farm Service Agency (FSA), United
States Department of Agriculture (USDA). The purpose of such guidelines
is to ensure that such County Committees are fairly representative of
the agricultural producers covered in the relevant county or counties,
including to ensure fair representation of socially-disadvantaged (SDA)
farmers and ranchers on such committees, as well as to ensure public
transparency and accountability of the election process.
Accordingly, the Farm Service Agency (FSA) shall conduct elections
of members to FSA County Committees in accordance with the following
guidelines.
I. County Committee Election Outreach and Communication Efforts
A. FSA will ensure that outreach efforts are taken at the National,
State, and local levels to ensure the fair representation of
agricultural producers in a given county or area, including fair
representation of SDA farmers and ranchers. Such efforts must be
designed to increase the participation of eligible producers in the
County Committee election process.
B. Each FSA county office will work with the State office to
prepare an outreach plan, with specific steps that the county office
will take on a year-long basis to increase the participation of
producers generally and SDA producers specifically. A report detailing
county office outreach efforts shall be submitted to the Office of the
Deputy Administrator for Field Operations, FSA, 30 days prior to the
end of the nomination period.
[[Page 2840]]
C. FSA county and State offices, with guidance from the FSA
national office, will prepare a list of group contacts with which FSA
will work on its outreach efforts. Such group contacts should include,
as appropriate, land grant colleges, historically black colleges and
universities, Hispanic-serving institutions, tribal colleges, American
Indian tribal organizations, community-based organizations, civic or
charitable organizations, faith-based organizations, groups
representing minorities and women, groups specifically representing the
interest of SDA producers, and similar groups and individuals in the
community.
D. FSA county and State offices will either develop partnerships
with the group contacts or work with them on outreach efforts as
appropriate to assist FSA in outreach efforts to SDA producers. County
and State offices will also ensure that all groups contacts are
provided with all appropriate election materials on a timely basis,
including fact sheets, posters, brochures, and nominations forms.
E. FSA State Outreach Coordinators, State Communications
Coordinators, Field Public Affairs Specialists, and other relevant
State Office personnel shall work together in developing and
implementing State communications plans for the election process.
F. FSA county offices shall ensure maximum publicity to remind and
inform SDA farmers and ranchers of both the nomination and the election
deadlines. FSA county offices shall ensure that all written election
material is available in the county office, is prominently displayed
and disseminated in the local area, and is provided to all group
contacts. FSA shall ensure that all communications on the election
process are available in languages other than English and in
alternative formats when appropriate. County Committee election
communications materials (nomination forms, fact sheets, posters, etc.)
shall be posted on FSA's Web site at: http://www.fsa.usda.gov/pas/publications/elections/
G. County offices shall ensure that information relating to
elections is widely communicated, including the use of traditional and
non-traditional media outlets. Media outlets should include television,
radio, public service announcements, SDA organization newsletters, and
other minority publications.
H. FSA county offices, as monitored by FSA State offices and State
committees, shall actively locate and recruit eligible candidates
identified as SDA farmers and ranchers as potential nominees for the
County Committee elections using any reasonable means necessary. FSA
shall work with leaders within the SDA community to identify eligible
nominees. Community leaders who are eligible producers should be
encouraged to become candidates for County Committee membership.
I. FSA State offices shall ensure that county offices are taking
all appropriate outreach and communication efforts, including follow-up
visits to county offices.
J. The FSA national office shall provide specific written guidance
to State and county offices on County Committee election outreach and
communication efforts. The national office shall also develop
partnerships with appropriate national organizations to assist in
outreach efforts. The national office shall work closely with the
Office of the Assistant Secretary for Civil Rights in developing and
implementing outreach policy and activities.
II. County Committee Election Procedures
A. Local Administrative Areas
1. County Committees shall continue to annually review and provide
State Committees with proposed changes in local administrative area
(LAA) boundaries within each FSA county office jurisdiction no later
than April 1 of each year. County Committees shall ensure that any LAA
changes are in effect no later than June 15 of each year. Each FSA
county office shall post proposed changes in the LAA boundaries in the
count office, as well as locally publicize such boundaries in a county
office newsletter and local media to the extent practicable. The county
office shall ensure that adequate time is available for comments by
eligible voters to be received before the proposed LAA boundaries are
considered for approval by the State Committee.
2. The FSA national office shall provide guidelines to County
Committees on how to conduct the annual review of LAA boundaries. Such
guidelines shall require the County Committees, in conducting the
annual review of LAA boundaries, to determine whether redrawing the LAA
boundaries or increasing the number of LAAs in a given area will assist
in ensuring the fair representation of SDA producers in the area over
which the committee has jurisdiction.
3. If a County Committee determines that LAA boundaries should be
redrawn or that the number of LAAs should be changed, the FSA State
Committee must approve any such determination before such a change is
implemented.
4. Apart from the annual review of LAAs by County Committees, the
FSA national office and State Committees shall conduct annual reviews
of selected County Committees in order to determine whether redrawing
the LAA boundaries or increasing the number of LAAs in a given area
will assist in ensuring the fair representation of SDA producers in the
area over which the committee has jurisdiction. The FSA national office
and State Committees shall select such County Committees for annual
reviews when they deem such reviews are appropriate based on evidence
of possible under representation of SDAs on a given County Committee.
Any proposed change in LAAs will be open to public comment before such
change is implemented.
5. Each FSA office shall post the final LAA boundaries in the
county office, as well as locally publicize such boundaries in a county
office newsletter and local media.
B. Eligible Voters
1. County Committees shall maintain in the county office no later
than June 15 of each year a current and updated list of eligible voters
for each LAA conducting an election during the year. Any eligible voter
may review a list of the names of eligible voters and the County
Committees shall provide a list of names and addresses of eligible
voters to any candidate requesting the list. County Committees shall
maintain updated lists of eligible voters throughout the nomination and
election period. Any person may contact a county office, either in
person or in writing, in order to ascertain whether they are on the
eligible voters list.
2. Any producer deemed to be ineligible to vote or who is not on
the list of eligible voters who believes that he or she should be on
the list may file a written challenge with the County Committee at any
time. The County Committee must provide a response to the challenge
within 15 calendar days. If the County Committee denies the challenge,
the producer may appeal such denial to the State Committee.
3. The County Committee shall provide to the State Committee a
report of any producer who the County Committee has specifically
declared ineligible as a voter. The State Committee may overturn any
ineligibility determination and direct that the County Committee add
that producer to the list of eligible voters.
[[Page 2841]]
C. Nominations
1. Nomination forms shall be directly mailed to every eligible
voter no later than June 15 of each year. Such nomination forms may be
mailed to eligible voters by including the form as part of the mailing
of an FSA State or county newsletter mailed to producers.
2. Nomination forms shall be easily accessible to the public,
including on the FSA Internet site year round. Nomination forms shall
be readily available at FSA county offices and provided to the public
upon request. The FSA State and county offices shall provide
reproducible nomination forms to all of their group contacts.
3. The official nominating period for County Committee election
candidacy shall run for 6 weeks after the official opening date.
4. Individuals desiring to file a nomination may nominate
themselves or may nominate another eligible candidate. Nominees,
whether self nominated, or nominated by another, must attest to their
willingness to serve by signing the nomination form. Organizations
representing SDA farmers and ranchers may nominate any eligible
candidate.
D. Slate of Candidates
1. If at least one nomination for candidacy is filed for an LAA for
the County Committee election, the County Committee shall not add names
to the slate of candidates after the close of the nomination period.
2. If no nominations are filed for a particular County Committee
seat, FSA shall notify the Secretary of this fact, and the Secretary
may nominate up to two individuals for the slate. If the Secretary
chooses not to exercise this authority, or only nominates one
individuals, the State Committee may nominate up to two individuals for
the slate. If there are less than two nominees on the slate after the
Secretary and the State Committee determine whether to make any
nominations, the County Committee shall ensure that the slate is filled
with two nominees.
3. Write-in candidates shall be accepted on ballots. The write-in
candidate must meet eligibility criteria and attest to willingness to
serve prior to being certified as a member or alternate member. Write-
in candidates may serve as County Committee members or as alternates
depending on the number of votes received.
4. Notwithstanding the above guidelines, the Secretary may nominate
an eligible SDA producer to a slate regardless of whether any
nominations have been filed. A nomination by the Secretary may include
the current advisory for the County Committee.
E. Balloting and Vote Tabulation
1. Ballots shall be mailed to all eligible voters contained in the
County Office records in the LAA conducting the election. Ballots shall
be mailed no less than 4 weeks prior to the date of the election.
Ballots will be printed and mailed to eligible voters from a central
location. Ballots shall be provided to anyone requesting a ballot.
Voter eligibility shall be determined prior to tabulating the votes.
Ballots shall state the date, time, and location that votes will be
counted.
2. County Committee elections will be held the first Monday of
December each year, unless announced otherwise. Voters shall mail or
deliver ballots to the FSA county office. Ballots, if mailed, must be
postmarked by the election date or, if hand delivered, received by the
election date. The county office shall provide a sealed ballot box into
which ballots received shall be immediately deposited.
3. There shall be a 10 calendar day advance notice to the public of
the date of the vote counting. Ballot opening and vote counting shall
be fully open and readily accessible to the public. The seal on the
ballot box shall not be broken prior to the public ballot counting.
4. When requested by a nominee, or when deemed necessary by the
Secretary in a given county, voters shall mail ballots to the FSA State
Office, rather than the county office. The FSA State office shall then
deliver the ballots in a sealed box to the FSA county office. The seal
on the ballot box from the State office shall not be broken except at
the public ballot counting.
F. Challenges
1. Any nominee shall have the right to challenge an election in
writing, in person, or both within 15 calendar days after the results
of the election are posted. Appeals to the election shall be made to
the County Committee, which will provide a decision on the challenge to
the appellant within 7 calendar days. The County Committee's decision
may be appealed to the State Committee within 15 calendar days of
receipt of the notice of the decision if the appellant desires.
2. In the event that an election is nullified as a result of an
appeal or an error in the election process, a special election shall be
conducted by the county office and closely monitored by the FSA State
office. A special election shall be held according to the processes for
a regular election, but with different dates.
G. Term Limits
1. No member of a County Committee may serve more than three
consecutive three-year terms. A member will be considered to have
served a term if that member served for a period of one and one-half
years, or greater, of that term. This provision shall take effect with
the 2005 election and will be applied retroactively to any prior terms
served by those persons seeking office in the 2005 election.
III. Reporting and Accountability Requirements
A. Not later than 20 days after the date an election is held, each
County Committee shall file an election report on the results of the
election with the FSA State and national offices. The FSA national
office shall provide specific guidance to county offices on the form
and contents of this report. At a minimum, the report must include:
1. The number of eligible voters in the LAAs conducting the
election;
2. The number of ballots cast by eligible voters (including the
percentage of eligible voters that cast ballots);
3. The number of ballots disqualified in the election;
4. The percentage that the number of ballots disqualified is of the
number of ballots received;
5. The number of nominees for each seat up for election;
6. The race, ethnicity, and gender of each nominee, and
7. The final election results (including the number of ballots
received by each nominee).
B. After each election, the FSA national office shall compile the
county election reports into a national election report to the
Secretary. The national election report shall also be available to
anyone requesting a paper copy of the report and also shall be posted
to the FSA Web-site. the national election report shall include
election data on SDA County Committee representation by county.
C. Not later than 90 days after the date an election is held, each
County Committee shall file a separate written election reform report
with the FSA State and national offices detailing its efforts to comply
with the uniform guidelines and FSA regulations and directives on
County Committee elections. This report must contain a detailed
description of county office outreach efforts. The FSA national office
shall provide specific guidance to the county offices on the form and
contents of this report.
D. Based on the county election reports and the county election
reform
[[Page 2842]]
reports, the FSA national office shall provide feedback and guidance to
FSA county and State offices on the election process, including
outreach efforts. The FSA national office shall also, based on its
review of the county election reform reports, as well as its analysis
of the data on SDA representation, submit an annual report to the
Secretary on election reform efforts, including recommendations on
further improvements in the County Committee election process.
IV. Additional Election Reform Efforts
A. USDA shall consider additional efforts to ensure such fair
representation. Such additional efforts may include, but are not
limited to, compliance reviews of selected counties by FSA's and USDA's
Offices of Civil Rights; consideration of at-large seats or cumulative
voting for certain County Committees; further centralization of the
election process; and the issuance of provisions allowing for the
appointment of an SDA voting member to particular committees pursuant
to the 2002 Farm Bill.
V. Implementation of Uniform Guidelines
A. The FSA national office shall ensure that it issues all
appropriate regulations, instructions, directives, notices, and manuals
to implement the terms of these uniform guidelines.
B. FSA shall institute a comprehensive monitoring process,
including spot checks on selected counties, to ensure compliance with
these guidelines and FSA regulations and directives on the County
Committee process.
C. The FSA national office shall ensure that appropriate training
of FSA county offices, including County Committees, is conducted on the
implementation of these guidelines and on FSA's regulations and
directives on the County Committee election process.
D. These uniform guidelines shall take effect immediately.
Signed in Washington, DC, January 12, 2005.
Ann Veneman,
Secretary of Agriculture.
[FR Doc. 05-933 Filed 1-14-05; 8:45 am]
BILLING CODE 3410-05-M