Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 140 - Agricultural marketing orders, marketing agreements and marketing boards › Subchapter II - Marketing Orders; Adoption, Amendment and Repeal › Section ATCP 140.20 - Election of marketing board

Current through June 24, 2024
(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 aproposed 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.