Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-2 - POULTRY PROMOTIONAL PROGRAM › Section 80-8-2-.03 - Voting Procedures And Tabulation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All known Alabama egg producers shall be
				mailed, at least two weeks prior to the election, a ballot, certification form,
				instructions for completing the form and ballot, two envelopes, a postage-paid
				envelope, and summary of the Poultry Promotional Law. Each producer will be
				instructed to complete a certification form and to seal this form in an
				envelope and to complete his ballot and seal the ballot in a separate envelope.
				Both envelopes will then be placed in the postage-paid envelope and mailed to
				the Alabama Poultry and Egg Association. Within 10 days following the
				referendum, the ballots shall be tabulated by a committee appointed by the
				president of the Alabama Poultry and Egg Association and the results thereof
				shall be announced with a certified copy being forwarded to the Commissioner of
				Agriculture and Industries. The postage-paid envelope used in the referendum
				will be marked Poultry Promotional Referendum. The tabulating committee will
				open each envelope and will first check the certification of each producer
				voting in the referendum. After the producer is certified as eligible to vote
				in the referendum, the sealed envelope containing the ballot will be placed in
				a ballot box or other container with the other sealed ballots. This procedure
				shall be followed to assure a secret ballot voting election as well as an
				accurate tabulation of the results of voting in the referendum. All envelopes,
				ballots, tabulation sheets and certification thereof shall be kept and
				preserved for any future inspection to determine that the foregoing procedure
				was followed.
(2) All owners of
				hens, including breeder hens, engaged in the production of eggs who shall be
				subject to the assessment upon the sale of hens shall be eligible to vote in
				the referendum; provided, however, owners of hens shall own 3,000 hens, or
				more, before he or she is eligible to vote as no assessment or deduction shall
				be made against any owner of hens who owns less than 3,000 hens in his egg
				production operation as it is the intent and purpose of the law to apply to
				commercial operators only.
(3) Each
				egg production operation shall have one vote, only, if such operation is owned
				by an individual, partnership or corporation. If the egg production operation
				is conducted as a family enterprise and different members of the family own
				hens kept in separate houses and sold separately, each owner may vote, provided
				each such owner owns the required number of hens for voting purposes, 3,000 or
				more. If the egg production operation is owned by a partnership or corporation,
				then one individual shall be designated to vote for the partnership or the
				corporation.
(4) The Alabama
				Poultry and Egg Association shall furnish all necessary ballots and other
				election supplies and bear all expenses necessary and incident to holding the
				referendum.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-8-167.