Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 700 - ORGANIZATIONAL CHART, DESCRIPTION, RULEMAKING PROCEDURE, AND PROGRAMS › Subpart G - RULEMAKING FLOW CHARTS › Appendix F - Procedures for Conducting Corn Marketing Program Referendums

Current through Register Vol. 48, No. 28, July 12, 2024
ARTICLE I
DEFINITIONS
a) "Act" means the Illinois Corn Marketing Act
				  (Ill. Rev. Stat. 1991, ch. 5, par. 701 et seq.) [505 ILCS 40 ].
b)
"Corn" means and includes all kinds of
				  varieties of corn (excluding popcorn and sweet corn) grown in this state and
				  marketed and sold as corn by the producer.
(Quoted from Section 3 of
				  the Illinois Corn Marketing Act (Ill. Rev. Stat. 1991, ch. 5, par. 703)
				  [505 ILCS
				  40/3 ]).
c) "Corn Marketing Program" means the program
				  established under the authority of the Corn Marketing Act and approved by the
				  corn producers (2 Ill. Adm. Code 700.APPENDIX B).
d) "Corn Marketing Board" means the board
				  established by any corn marketing program to administer a corn marketing
				  program.
e)
"Department" means the Department of
				  Agriculture of the State of Illinois,
P.O. Box 19281, Springfield,
				  Illinois 62794-9281. (Quoted from Section 3 of The Illinois Corn Marketing Act
				  (Ill. Rev. Stat. 1991, ch. 5, par. 703) [505 ILCS
				  40/3 ]).
f)
"Director" means the Director of the
				  Department of Agriculture of the State of Illinois
or a duly
				  authorized representative. (Quoted from Section 3 of The Illinois Corn
				  Marketing Act (Ill. Rev. Stat. 1991, ch. 5, par. 703) [505 ILCS 40/3]).
g) "Eligible Voter" means one who is defined both
				  as a person and as a producer in this program during the previous 365 days
				  prior to the referendum date.
h)
"Person" means any natural person,
				  partnership, corporation, society, association, representative or other
				  fiduciary
(Quoted from Section 3 of The Illinois Corn Marketing Act
				  (Ill. Rev. Stat. 1991, ch. 5, par. 703) [5050 ILCS 40/3 ]).
i) "Producer" means any person engaged in this
				  State in the business of producing and marketing corn and who is affected by
				  the Corn Marketing Program by virtue of having the first right of ownership in
				  any corn for which payment is received at the first point of sale.
ARTICLE II
REQUESTING SUBSEQUENT CORN MARKETING
				  REFERENDUMS
Following receipt of a petition to amend the existing corn
				  marketing program, the Director shall hold a public hearing for the purpose of
				  informing corn producers of the proposed changes to a program and to solicit
				  public comments on the proposed changes. The Director shall publish notice of
				  the public hearing in the official State newspaper and issue a press release to
				  newspapers of general circulation and to other news media at least 2 weeks
				  prior to the date of the hearing. Following the public hearing, the findings of
				  the hearing shall be sent to all parties of record appearing at the
				  hearing.
If the proposed amendment is approved by the Corn Marketing
				  Board following the public hearing, the Director shall hold a referendum within
				  90 days from receipt of the Board's approval in accordance with the provisions
				  of Article III of this Appendix.
Prior to the consideration of any proposed amendment to an
				  existing corn marketing program, the Director shall require the sponsors
				  therefor to deposit funds for expenses of preparing, holding hearings, and
				  conducting the referendum. Such funds shall be in the amount as set forth in
				  Section 8 of the Act, and the funds shall be held and distributed in accordance
				  with the provisions of Section 8 of the Act.
ARTICLE III
REFERENDUMS
Section I - Voting.
The Director shall hold referendums in accordance with the
				  provisions of Sections 7, 9, and 21 of the Act.
All referendums shall be conducted by one of the following
				  methods as determined by the Director:
a) by a ballot cast at the local Cooperative
				  Extension Service office serving the area in which such eligible voter resides,
				  unless an alternate location is designated by the Director because of
				  unaccessible facilities or where no Cooperative Extension office exists in the
				  area; or
b) by a ballot mailed to producers. A period of 21
				  days from the date of mailing of the ballot shall be allowed for the return of
				  such ballots. Ballots shall be returned to the Director by mail or by personal
				  delivery by the voting producer at such address as may be designated by the
				  Director. Under this voting method, all ballot processing will be administered
				  by a Teller Committee appointed by the Director and composed of members of the
				  agricultural community.
When requested in writing, the Director shall provide a
				  ballot to any producer whose name does not appear on the official mailing list
				  of producers or who for any reason did not receive a ballot.
The Agricultural Stabilization and Conservation Service's
				  most current list of producers shall be the official mailing list used for such
				  referendums.
An amendment to a corn marketing program is approved when a
				  majority of those voting in the referendum vote in favor of such
				  program.
The Director shall control all ballots and producer
				  affidavits, except when the ballots and affidavits are in the hands of the
				  election judges/teller committee.
Section 2 - Referendum Publicity
Notification of the referendum date shall be published once
				  in the official State newspaper and made available to trade publications and
				  the public press at least 2 weeks prior to the referendum date.
Section 3 - Election Judges
If voting is done pursuant to Section 1(a), the Director
				  shall appoint 2 persons to serve as election judges at each polling place.
				  Election judges shall determine the eligibility of the person to vote in the
				  referendum, maintain voting integrity, preserve the confidentiality of all
				  referendum ballots, count ballots and determine the results of the referendum
				  for that location, report total voting results to the Department, and return
				  both marked and blank ballots, producer affidavits, and any other referendum
				  information to the Department after the referendum, either personally or by
				  certified mail.
ARTICLE IV
QUALIFICATION TO VOTE
Any person who is defined as a producer in the corn marketing
				  program shall be entitled to one vote. Such eligible voter shall sign a
				  statement or affidavit declaring that such person is an eligible voter in the
				  program.
An eligible voter who meets the definition of a "producer" in
				  more than one country or on more than one tract of land may only vote once in
				  their own name. If more than one vote is cast, only one vote, cast in the
				  county of residence, will be counted.
A person or business organization which meets the "producer"
				  definition may designate some individual to vote on its behalf. In such cases,
				  the following guidelines apply:
In cases of associations, businesses,
				  cooperatives, universities, colleges, foundations, or any other business
				  entity, only an officer may cast one vote for this business
				  organization.
Partnership or joint tenancy: If the ownership of
				  the commodity is held in the partnership name or in joint ownership, only one
				  partner/owner may cast one vote. It is the responsibility of the
				  partnership/joint ownership to decide who will vote.
Fiduciary: Only the court-appointed legal
				  representative of a trust, estate, conservatorship, guardianship or other
				  fiduciary relationship may cast one vote for the business held in trust.
Landlord and tenant: Each may cast one vote if
				  each meets the "producer" definition.
Husband and wife: If the corn is held in joint
				  ownership by both husband and wife, only one spouse may cast one vote. If each
				  spouse meets the "producer" definition as a separate entity, then each may cast
				  one vote.
ARTICLE V
TELLER COMMITTEE TO CERTIFY RESULTS
Within 2 weeks after the referendum date, the Director shall
				  appoint a teller committee to count ballots that have been received from the
				  election judges, to canvass and to certify results of the referendum.
ARTICLE VI
ABSENTEE BALLOTS
Under Section 1(a) of Article III:
The Director shall provide to any eligible voter
				  who resides outside of the State of Illinois or who cannot be physically
				  present at the polls on the day of the referendum an absentee ballot upon
				  request in writing to the Director. Absentee ballots are available beginning 30
				  days prior to the referendum date.
Any eligible voter requesting an absentee ballot
				  shall file with the Director an affidavit swearing that such eligible voter is
				  eligible to vote in the referendum. Such affidavit shall be available from the
				  Director.
All absentee ballots and affidavits shall be
				  returned to the Director at least 2 working days prior to the referendum
				  date.
Postcards for requesting absentee ballots shall be
				  available at each Cooperative Extension office or designated polling place and
				  from the Division of Marketing of the Department. Each person requesting an
				  absentee ballot must sign the card and state the address.
The Director shall receive, date stamp, determine
				  the voter eligibility, and preserve the confidentiality of all absentee
				  ballots.