[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]


 ========================================================================
 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.
 
 ========================================================================
 

  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.

-----------------------------------------------------------------------

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