October 16, 2000

USDA will amend the final rule on the conduct of the pork checkoff program referendum. An interim final rule will clarify requirements for counting absentee ballots and establish an additional five business days for challenging absentee votes. In-person voting took place Sept. 19-21 at Farm Service Agency (FSA) county offices; absentee voting was conducted Aug. 18-Sept. 21.

"These changes will ensure that everybody has an equal opportunity to challenge absentee voters and that all eligible absentee votes will be counted," said Kathleen Merrigan, administrator, Agricultural Marketing Service. The final rule required absentee ballots to be received by FSA county offices before a producer's vote could be challenged. Persons voting by absentee ballot were required to print their name and address on the outside of the mailing envelope so that FSA county offices could check whether the absentee ballot had been returned.

Due to incorrect completion or missing names and addresses on some envelopes, FSA county offices were not able to determine the name of the person returning the absentee ballot. The office was then unable to post a complete list of absentee voters for public review and challenging.

As a result, AMS is amending the final referendum rule to clarify that if a producer failed to print his or her name and address correctly on the official "Pork Referendum" envelope (LS-73-1) it will not automatically invalidate the ballot. The amendment will allow for an additional five business days for interested parties to review the absentee voter request list posted in FSA county offices and challenge producers who requested absentee ballots. Absentee voters whose ballots are challenged will be given five business days after notification of a challenge to submit proof of eligibility.

"The ballot-counting process will still begin on Nov. 29," said Enrique Figueroa, deputy under secretary for USDA's marketing and regulatory programs. "We do not anticipate that the final interim rule will change the date when ballots will be counted." Final results are anticipated for announcement by the end of December.

Producers who owned and sold one or more pigs or hogs from Aug. 18, 1999 - Aug. 17, 2000, were eligible to vote. These latest changes do not affect producers who voted in-person or pork importers who voted by mail ballot.