[Congressional Record Volume 151, Number 47 (Tuesday, April 19, 2005)]
[Senate]
[Pages S3899-S3900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD:
  S. 838. A bill to allow modified bloc voting by cooperative 
associations of milk producers in connection with a referendum on 
Federal Milk Marketing Order reform; to the Committee on Agriculture, 
Nutrition, and Forestry.
  Mr. FEINGOLD. Mr. President, today I am re-introducing a measure that 
will begin to restore democracy for dairy farmers throughout the 
Nation.
  When dairy farmers across the country voted on a referendum six years 
ago, perhaps the most significant change in dairy policy in sixty 
years, they didn't actually get to vote. Instead, their dairy marketing 
cooperatives cast their votes for them.
  This procedure is called ``bloc voting'' and it is used all the time. 
Basically, a Cooperative's Board of Directors decides that, in the 
interest of time, bloc voting will be implemented for that particular 
vote. It may serve the interest of time, but it doesn't always serve 
the interests of their producer owner-members.
  While I think that bloc voting can be a useful tool in some 
circumstances, I have serious concerns about its use in every 
circumstance. Farmers in Wisconsin and in other States tell me that 
they do not agree with their cooperative's view on every vote. Yet, 
they have no way to preserve their right to make their single vote 
count.
  I have learned from farmers and officials at the U.S. Department of 
Agriculture (USDA) that if a cooperative bloc votes, individual members 
have no opportunity to voice opinions separately. That seems unfair 
when you consider what significant issues may be at stake. Co-ops and 
their individual members do not always have identical interests. 
Considering our nation's longstanding commitment to freedom of 
expression, our Federal rules should allow farmers to express a 
differing opinion from their co-ops, if they choose to.
  The Democracy for Dairy Producers Act of 2005 is simple and fair. It 
provides that a cooperative cannot deny any of its members a ballot to 
opt to vote separately from the co-op.
  This will in no way slow down the process at USDA; implementation of 
any rule or regulation would proceed on schedule. Also, I do not expect 
that this would often change the final outcome of any given vote. Co-
ops could still cast votes for their members who do not exercise their 
right to vote individually. And to the extent that co-ops

[[Page S3900]]

represent farmers' interests, in the majority of cases farmers are 
likely to vote the same as their co-ops. But whether they join the co-
ops or not in voting for or against a measure, farmers deserve the 
right to vote according to their own views.
  I urge my colleagues to return the democratic process to America's 
farmers, by supporting the Democracy for Dairy Producers Act.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 838

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       The Act may be cited as the ``Democracy for Dairy Producers 
     Act of 2005''.

     SEC. 2. MODIFIED BLOC VOTING.

       (a) In General.--Notwithstanding paragraph (12) of section 
     8c of the Agricultural Adjustment Act (7 U.S.C. 608c), 
     reenacted with amendments by the Agricultural Marketing 
     Agreement Act of 1937, in the case of the referendum 
     conducted as part of the consolidation of Federal milk 
     marketing orders and related reforms under section 143 of the 
     Agricultural Market Transition Act (7 U.S.C. 7253), if a 
     cooperative association of milk producers elects to hold a 
     vote on behalf of its members as authorized by that 
     paragraph, the cooperative association shall provide to each 
     producer, on behalf of which the cooperative association is 
     expressing approval or disapproval, written notice 
     containing--
       (1) a description of the questions presented in the 
     referendum;
       (2) a statement of the manner in which the cooperative 
     association intends to cast its vote on behalf of the 
     membership; and
       (3) information regarding the procedures by which a 
     producer may cast an individual ballot.
       (b) Tabulation of Ballots.--At the time at which ballots 
     from a vote under subsection (a) are tabulated by the 
     Secretary of Agriculture, the Secretary shall adjust the vote 
     of a cooperative association to reflect individual votes 
     submitted by producers that are members of, stockholders in, 
     or under contract with, the cooperative association.
                                 ______