- Getting Ready
- Nomination Notice
- Nominations
- Who May Run for Office
- Candidates
- Distributing Campaign Literature
- Inspecting the Membership List
- Union and Employer Funds
- Right to Vote
- Election Notice
- Ballots
- The Polling Place
- Observers
- Counting Ballots
- Election Protests
- Election Planner
- Election and Campaign Rules
- Nomination Notice
- Candidate Eligibility Letter - Eligible
- Candidate Eligibility Letter - Ineligible
- Union and Employer Funds Prohibition Letter
- Election Notice
- Nomination and Election Notice
- Official Ballot
- Polling Place Diagram - Same Entrance & Exit
- Polling Place Diagram - Separate Entrance & Exit
- List of Polling Place Equipment and Supplies
- Voter Sign-In Register
- Guidelines for Challenged Ballots
- Rules for Observers
- Tally Sheet
- Vote Summary Sheet
- Guidelines for Counting Ballots
- Guidelines for Voiding Ballots
- Ballot Tally Certification
Congratulations! You have been selected to serve as an election official in
your union. You may have volunteered, been elected by the membership, appointed
by your unions president, chosen by one of the candidates, or maybe you
were drafted to serve in this role. In any event, during the upcoming
weeks you and your fellow election officials will be entrusted with the responsibility
of providing members with the opportunity to exercise the most fundamental of
union rights, the right to elect their unions officers by secret ballot.
Dont underestimate the importance of your role you are an essential
part of the democratic process. The persons elected to office will help shape
the future of your union as they handle the unions finances, are involved
in contract negotiations and grievances, and conduct other business affecting
the welfare of your unions members.
As an election official, you will be responsible for conducting your unions
election of officers in accordance with federal law and your unions constitution
and bylaws. In doing this, you will have several different roles rule
maker, communicator, and judge. You will need to be patient, knowledgeable,
organized, firm, and, most of all, impartial. At times, your hard work may seem
thankless. But remember, your job is not to please everyone but to run a fair
and honest election.
Throughout the election process, election officials should be guided by three
principles. First, you should be fair and impartial, treating all candidates
equally and avoiding any acts of favoritism or even the appearance of favoritism.
You should maintain a businesslike relationship with all candidates even if
you work with or are personal friends with any of them. Second, you must follow
the election provisions in your unions constitution and bylaws as well
as any other union election rules as long as they are not inconsistent with
federal law. Finally, you should uphold American democratic traditions by protecting
the right of every member in good standing to nominate candidates, run for office,
and vote by secret ballot for officers of your union.
This Guide has been prepared by the Office of Labor-Management Standards (OLMS)
of the U.S. Department of Labor (DOL) to help election officials plan and conduct
local union officer elections. The Labor-Management Reporting and Disclosure
Act of 1959, as amended (LMRDA), establishes certain rights for union members
and contains provisions to insure union democracy and financial integrity. In
particular, Title IV of the LMRDA sets forth basic democratic procedures which
unions must follow in conducting their officer and delegate elections. OLMS
has also issued regulations interpreting the LMRDA election provisions.
The Guide is designed to be an easy-to-use reference based on the law and regulations
as well as the knowledge and experience of OLMS staff. It will take you step
by step through the election process, help you to identify your responsibilities
during each step, and provide suggestions to make your job easier. Except for
the first and last chapters, each chapter is divided into three parts. Requirements
has essential information about the standards for conducting elections, Suggestions
provides practical tips for election officials, and Common Pitfalls
warns of mistakes often made in union elections. Each chapter ends with the
applicable provision of the LMRDA, a place to insert any related provisions
of your unions constitution and bylaws, and a space for notes.
Many of the chapters in the Guide are followed by Figures (such as sample election
notices) relating to the subject being discussed. Two fictitious unions (Factory
Workers Local 888 and Local 999) are used in several of the Figures to illustrate
recommended nomination and election procedures for a typical local union. Your
union may want to adapt some of these Figures for use in its own election. Included
as a reference following Chapter 15 is the text of LMRDA Title IV - Elections
and Section 504 - Prohibition Against Certain Persons Holding Office.
Also included for your use is a Checklist for Conducting Local Union Officer
Elections.
We realize that unions operate differently, using different constitutions and
bylaws and election procedures, and that election officials have varying degrees
of responsibility. Therefore, not all the information in the Guide will apply
to all unions. For example, some election officials will not be involved in
the election process until nominations are completed, while others may be involved
earlier. Likewise, the guidelines set forth in Electing Local Union Officers
by Mail at the end of this Guide apply only to unions which elect officers
by mail or use absentee ballots.
This Guide should be used by the union officials responsible for conducting
officer elections. The general term election officials is used to
refer to tellers, election committee members, election judges, etc. Although
the Guide covers the basics and is geared primarily to election
officials with little or no experience in running an election, it can also be
helpful to more experienced election officials. Dont assume that your
unions prior elections were conducted in accordance with all requirements
of federal law because no election protests were ever filed. Violations of federal
law may have occurred but no one complained about them. If the same mistakes
are repeated, the election may be successfully challenged by a losing candidate
or other member of your union.
Election officials should become familiar with the contents of this Guide as
soon as possible after being selected. An initial review of the Guide will provide
an overview of the election process and point out all the steps involved in
conducting a fair and impartial election.
You are not expected to remember all the rules for conducting elections after
reviewing this Guide. Instead, before each stage of your unions election
read the applicable chapters to better understand election requirements and
your responsibilities and consult the Guide frequently during the election process.
Although we have tried to include all necessary information, the Guide does
not specifically address every situation that may develop. Some elections may
involve complex or unusual issues requiring you to seek further assistance.
If you need advice or have questions about election requirements in your unions
constitution and bylaws, you may wish to contact your unions parent body
for help. In addition, OLMS employees in the field offices listed at the end
of this Guide can answer your questions about the LMRDA, related regulations,
and other information in this Guide. However, OLMS does not interpret specific
provisions in union constitutions and bylaws or directly participate in or conduct
union elections except in certain situations described in Chapter 15.
Now that you are familiar with the purpose and contents of this Guide and how
best to use it, its time to get started. Read Chapter 1 and begin preparing
for your unions election of officers. Good Luck!
At the beginning of nominations and the election, your job as an election official
may seem overwhelming. However, if you think of the election process as occurring
in various stages and understand your responsibilities at each stage, the entire
process becomes more manageable. At this early stage in the process, preparation
is most important since good planning and organization are key ingredients to
conducting a fair election. This chapter outlines the first steps election officials
should take to prepare for the election, including meeting with other election
officials to determine specific election responsibilities, reviewing materials
used in prior union elections, obtaining certain information from current officers
of your union, and scheduling important nomination and election activities.
The first step in getting ready to conduct an election is to determine your
specific responsibilities as an election official. After being selected, election
officials should arrange a meeting or discuss their roles by telephone as soon
as possible. They should select a chairperson or leader if one is not already
designated. If none of the election officials has ever conducted an election
before, consider contacting members of your union who have served as election
officials in prior elections to discuss their experiences, both positive and
negative. Election officials may also wish to contact the unions parent
body to seek advice or information as needed about your nomination and election
responsibilities.
After determining their general responsibilities, election officials should
obtain and review the following:
- Your unions most recent constitution and bylaws, especially those
provisions dealing with good standing, voter and candidate eligibility, notices
to the membership, and any other officer election requirements. Each election
official should have a copy to refer to as necessary throughout the election
process. Any other union election rules should also be reviewed.
- Notices of election, ballots, tally sheets, and any correspondence used
in your unions prior elections which may serve as models to use in this
election.
Election officials should also review the sample letters, notices, ballot,
tally sheets, and other nomination and election materials included as Figures
in this Guide which may also be adapted for use in your unions election.
Well before the election process begins, it is very important that you and
your fellow election officials meet with the current officers of your union
to:
- Seek their cooperation and support. Make sure that they understand that
you must remain impartial and that they are not entitled to any additional
information, special privileges, or considerations because they are current
officers.
- Find out if any problems occurred in the unions most recent nominations
and election such as complaints about the polling site, voting hours, or voter
eligibility. If so, ask the current officers for recommendations about how
to avoid these problems in the upcoming election.
- Discuss which election responsibilities will be handled by the officers
and/or union staff. For example, who will update the membership address list
and who will mail election notices to all members?
- Determine the person in the union you should deal with to obtain election-related
supplies and necessary information.
- Decide who will prepare the voter eligibility list, when it will be available,
and the number of copies necessary. Keep in mind that the list must be up-to-date
and contain the names of all members eligible to vote according to the provisions
of your unions constitution and bylaws.
- Identify appropriate employer contacts who can provide any necessary information
regarding voter or candidate eligibility or who can grant approval for use
of employer facilities as polling places.
- Determine if and when lost time or other union payments will
be made to election officials. For example, will the union pay lost time for
election officials to prepare and mail campaign literature in response to
requests from candidates?
It is important that election officials obtain this information early in the
process and deal with the current officers up-front in order to
avoid any misunderstandings and problems later.
After meeting with the current officers, election officials should meet as
a group to make some important decisions. First, you must decide where and when
the election will be conducted, following any applicable provisions in your
unions constitution and bylaws. If the election will be at a polling place,
you must select a polling location(s) and set the hours of voting to provide
a reasonable opportunity for all members to cast ballots. Remember to select
a polling location based on suitability, not just because a site was used in
prior elections.
If the election will be conducted by mail, determine when, where, and by whom
the ballot packages will be prepared and mailed, after thoroughly reviewing
the information in Electing Local Union Officers by Mail at the end of
this Guide.
Next, election officials should develop a detailed timetable which lists all
important election-related dates and deadlines. An Election Planner is included
in this Guide as Figure 1 to assist you in planning
the important dates for the election. By starting with the election date and
working backward, you can establish the dates of all major events such as the
posting/mailing of the nomination notice, the nomination meeting, nominee acceptance
deadline, mailing of the election notice, preparation and printing of ballots,
and the ballot tally. In preparing the timetable, include time frames or deadlines
specified in your unions constitution and bylaws and remember to consider
holidays and weekends. After the timetable is established, election officials
should decide who will be responsible for completing the various tasks outlined
in the Election Planner.
Based on experience in investigating and supervising union officer elections,
OLMS offers these additional suggestions to make conducting the election easier:
- Keep notes, copies of election materials, and records of decisions and
actions taken throughout the nomination and election process. These records
will serve to refresh your memory if any decision is later challenged or you
are called upon to explain your actions and will also help others who conduct
your unions future elections.
- Meet regularly to confirm that all required tasks are being completed and
to discuss problems and other concerns. Review and discuss the contents of
this Guide at each stage of the nomination and election process to make sure
you understand your role and responsibilities.
- Develop a written set of rules setting forth both the significant dates
in the nomination and election process and the guidelines to be followed by
all parties during the election period. Figure 2
- Election and Campaign Rules is a sample set of rules for a fictitious union.
- Give copies of the election rules to all candidates and keep them informed
of your decisions and any rule changes. Many problems which occur during union
officer elections are caused by a lack of communication. You will find that
members and candidates are less likely to challenge the election if you adequately
explain the election rules and procedures in advance.
- Encourage candidates, observers, and members to raise any questions or
problems about nomination or election procedures as soon as possible so that
election officials have a chance to remedy any problems or make any necessary
changes in the election rules.
Dont put things off until tomorrow. Investing a little time early in
the process, pinpointing specific tasks and the persons responsible for completing
them, and working as a team will result in a better-run election and will make
your job as an election official easier and more rewarding.
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Figure 1:
This Planner is designed to help union election officials plan for and
schedule all the significant activities associated with conducting an
officer election. The time projections noted are based on OLMS experience
in supervising elections and, unless otherwise noted, are included as
recommendations only. Some of the listed activities may occur in a different
sequence in your union requiring that the time schedule be adjusted. Any
other activities applicable to your union not listed below should be added
to the schedule.
To use this Planner, first enter the date of the election and then work
backward entering the date of each activity. Remember to consider holidays
and weekends. Follow any dates or time frames specified in your unions
constitution and bylaws and be sure to allow enough time for adequate
completion of each activity.
Date
|
Activity
|
|
Union membership list updated and revised with current addresses
to be used for mailing election notices. (6 - 8 weeks prior
to the election)
|
|
Election and campaign rules prepared. (prior to the nomination
meeting)
|
|
Nomination notice posted or mailed. (at least 10 days prior
to the nomination meeting)
|
|
Deadline for receipt of written nominations, if applicable.
(close of business on the day of the nomination meeting)
|
|
Nomination meeting held. (4 - 6 weeks prior to the election)
|
|
Deadline for receipt of candidate nomination acceptances.
(within a week after the nomination meeting)
|
|
Candidate eligibility verified and eligibility notification
letters sent to all nominees. (immediately after the nomination
acceptance deadline)
|
|
Meeting with candidates held to discuss election and campaign
rules. (as soon as possible after the nomination acceptance
deadline)
|
|
Period begins for candidates to inspect the unions membership
list. (30 days prior to the election as required by the LMRDA)
|
|
Ballot designed and arrangements made with printer. (3
weeks prior to the election)
|
|
Voter eligibility list prepared. (15 - 20 days prior to
the election)
|
|
Notice of election mailed to the last known home address of
each member. (at least 15 days prior to the election as required
by the LMRDA)
|
|
Ballots printed and challenged ballot envelopes, voter sign-in
register, and tally sheets prepared. (1 week prior to the election)
|
|
Polling place and ballot tally preparations completed and voter
eligibility list updated, if necessary. (3 - 5 days prior to
the election)
|
|
Date of Election (Select a date and polling hours to encourage
maximum voter participation.) (In a mail ballot election, enter
the ballot mailing date which should be approximately 3 - 4 weeks
prior to the ballot return deadline.)
|
|
Ballots counted and election results announced.
|
|
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Figure 2:
ELECTION AND CAMPAIGN RULES
Factory Workers Local 888
- Constitution and Bylaws
The nomination and election of Factory Workers Local 888 officers
will be conducted in accordance with the Factory Workers International
Constitution dated October 1, 1988; the Local 888 Bylaws dated April
5, 1989; and the Labor-Management Reporting and Disclosure Act of
1959, as amended.
- Term of Office
The officers elected will serve a three-year term which will end
on June 30, 1999. Installation of officers will occur at a special
Local 888 membership meeting on July 1, 1996.
- Eligibility to Hold Office
As provided in Article VI of the Local 888 Bylaws, any member who
has paid dues through March 1996 prior to 5:00 p.m. on April 2, 1996
is in good standing and eligible to run for office.
- Nomination Notice
A nomination notice will be posted on union bulletin boards at all
work sites and the Local 888 hall and mailed to all nonworking Local
888 members on March 23, 1996.
- Nomination Meeting
Nominations for the offices of President, Vice President, Secretary-Treasurer,
Recording Secretary, and three (3) Executive Board members will be
accepted from the floor at the April 1996 membership meeting:
Date: Wednesday, April 3, 1996
Time: 7:00 p.m.
Place: Local 888 Hall
4900
Pulaski Highway
Baltimore, MD 21224
Nominations may also be made in writing and must be received by Recording
Secretary Bill Palmer at the Local 888 office, 4900 Pulaski Highway,
Baltimore, MD 21224, no later than 5:00 p.m. on April 3, 1996. In
order to nominate candidates, a member must be in good standing as
specified in Rule #3 above.
- Nomination Acceptances
A candidate must accept or decline nomination if present at the nomination
meeting. Any nominee not present is required to submit a written acceptance
to Recording Secretary Bill Palmer by 5:00 p.m. on April 9, 1996.
- Candidate Eligibility Determinations
The Election Committee will review Local 888 dues records to determine
the eligibility of all nominees. Eligible nominees will be notified
of their eligibility, mailed a copy of these rules, and asked how
they wish their names to appear on the ballot. Ineligible nominees
will be advised of the reason(s) they are not eligible to run for
office.
- Meeting with Candidates
At 2:00 p.m. on Saturday, April 13, 1996, the Election Committee
will meet with all interested candidates at the Local 888 hall to
discuss election procedures, inspection of the unions membership
list, distribution of campaign literature, observers, and other campaign
rules. At this meeting, a drawing will be held to determine candidate
position on the ballot. If a candidate is absent and does not have
a representative at the meeting, an election official will represent
the candidate in the drawing.
- Inspection of the Membership List
Each candidate may inspect (not copy) the Local 888 membership list
once within 30 days prior to the election. No candidate is entitled
to receive a copy of the list.
The membership list will be available for inspection at the Local
888 office between 8:00 a.m. and 5:00 p.m., Monday through Friday,
from April 18, 1996 through May 17, 1996. Any candidate who wishes
to inspect the list should contact Recording Secretary Bill Palmer.
- Distribution of Campaign Literature
Local 888 will honor any reasonable request by a candidate to distribute
campaign literature to members at the candidates expense. Requests
will be honored in the order received. Campaign literature must be
provided to the Election Committee in sealed, stamped envelopes which
are ready for mailing. Each candidate should check with postal officials
to determine the proper postage.
Candidates must pay $15 for each mailing to cover the cost of address
labels. Arrangements have been made for Local 888 office staff to
put address labels on the envelopes containing campaign literature
at a rate of $7.50 per hour. Candidates should contact Election Chairperson
Fran Wise at 555-7676 to arrange a mailing.
- Campaign Restrictions
Federal law prohibits the use of any union or employer funds to
promote the candidacy of any person in a union officer election. This
prohibition applies to cash, facilities, equipment, vehicles, office
supplies, etc., of Factory Workers Local 888 and any other union,
and of employers whether or not they employ Local 888 members. Union
officers and employees may not campaign on time paid for by the union.
Federal law also provides that candidates must be treated equally
regarding the opportunity to campaign and that all members may support
the candidates of their choice without being subject to penalty, discipline,
or reprisal of any kind.
- Voter Eligibility
As provided in Article VI of the Local 888 Bylaws, any member who
has paid dues through April 1996 prior to 5:00 p.m. on May 17, 1996
will be eligible to vote in this election.
- Election Notice
A notice of election will be mailed to the last known home address
of each Local 888 member on or before Wednesday, May 1, 1996. Election
notices will also be posted on union bulletin boards at all work sites
and the Local 888 hall.
- Observers
Candidates are entitled to have observers present at the polls and
the tally of ballots. Observers must be members of Local 888 as required
by Article X, Section 2 of the Local 888 Bylaws which also prohibits
candidates from serving as observers. Candidates should submit the
names of their observers in writing to Election Chairperson Fran Wise
prior to election day.
- Election Day
The election will be held from 7:00 a.m. to 5:00 p.m. on Saturday,
May 18, 1996 at the Local 888 hall, 4900 Pulaski Highway, Baltimore,
MD. Members will be asked to present their Local 888 membership card,
drivers license, or some other form of identification at the
polls. After determining that a member is eligible to vote, the Election
Committee will mark the members name off the eligibility list.
The member will be asked to sign a voter register, be given a ballot,
and instructed to vote in secret using one of the voting booths available
for the election. All members will be required to use the voting
booths.
No campaigning will be permitted in the polling area or in any part
of the Local 888 hall on election day. Only the Local 888 Election
Committee, candidate observers, and members who are voting or waiting
in line to vote will be permitted in the polling area.
- Tally of Ballots
Ballots will be counted by the Election Committee after the polls
close on May 18, 1996, beginning at approximately 5:15 p.m. at the
Local 888 hall.
Write-in votes are not permitted in the election as provided by Article
IX of the Local 888 Bylaws. The candidate who receives the highest
number of votes cast for each office will be declared elected. Any
tie votes will be decided by a coin toss conducted by the Election
Committee after the tally is completed on May 18, 1996.
- Election Results
The election results will be posted at the Local 888 hall and on
union bulletin boards at all work sites after the tally is completed.
- Election Records
The Local 888 Recording Secretary is responsible for maintaining
all nomination and election records for at least one year after the
election, as required by federal law.
- Questions or Problems
Candidates and members with questions about the nomination or election
procedures should contact a member of the Election Committee at 555-7676.
Any violation of these rules should be reported promptly to the Election
Committee so that corrective action can be taken, if necessary.
- Protests
Article XIII of the Factory Workers International Constitution provides
that any member may challenge a local union officer election by filing
a protest in writing with the Election Committee within 10 days after
election results are posted.
The above rules are not all inclusive. Additional election rules or clarifications
may be issued by the Local 888 Election Committee as needed during the
nomination and election period.
Issued By: Local 888 Election Committee
|
Date: March 21, 1996
|
____________________________
Larry Cooke
|
____________________________
Fran Wise, Chairperson
|
____________________________
Nancy Kaiser
|
|
|
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For some election officials preparing a notice of nominations is the first
step in the election process. Since federal law requires that unions give members
a reasonable opportunity to nominate candidates of their choice, election officials
must provide a timely notice of nominations to all members, even if the unions
constitution and bylaws indicate that nominations will occur in a predetermined
month. Although the law does not define what constitutes reasonable notice of
nominations, U.S. Department of Labor regulations require that the nomination
notice be given in a manner reasonably calculated to reach all members in good
standing. In some cases election officials may have to make a special effort
to notify members, but in most unions it is a relatively easy task to make sure
that all members know about nominations and have an opportunity to participate.
- The nomination notice should specify the offices to be filled in the election
(and identify any offices for which the officer is a delegate by virtue of
election to office). It should also include the date, time, place, and method
for submitting nominations (by mail, petition, or orally at a meeting including
details such as whether a nomination must be seconded, number of signatures
required on a petition, etc.). See Figure 3 - Nomination
Notice.
- A number of methods may be used for giving notice of nominations including:
mailing a notice to the last known home address of each member, timely publishing
a notice in the unions newspaper, posting or distributing a notice at
the work site(s), or other methods reasonably calculated to inform all members
in good standing.
- The nomination notice (unlike an election notice) does not have to be given
at least 15 days before nominations but the notice must be given in accordance
with any requirement in the unions constitution and bylaws and must
allow enough time for members to have a reasonable opportunity to nominate
candidates of their choice.
- A union must take steps to notify sick, laid-off, or other nonworking members
who may be eligible to nominate candidates but who might not ordinarily see
a notice posted only at the work site(s) or union hall.
- A union may mail a combined notice of both nominations and election if
it gives members a reasonable time to nominate candidates and also meets all
the requirements for election notices. See Figure 8
- Nomination and Election Notice.
- In order to prevent any misunderstandings, the nomination notice should
also provide any necessary information about the term of office; instructions
for making, seconding, and accepting nominations; and eligibility requirements
for candidates and nominators.
- Since a union must give reasonable notice of nominations, all members should
be informed in advance of new candidate eligibility requirements and any changes
to the requirements.
- If your union has decided to waive (not enforce) a candidate eligibility
requirement in its constitution and bylaws, it should notify all members of
this decision in the nomination notice.
- Election officials should obtain a copy of the nomination notice used for
their unions most recent election. If this notice contains the required
information, election officials may wish to follow the same format.
- After the nomination notice is prepared, all election officials should
review it carefully to be sure that it contains no mistakes and all necessary
information is included.
- Election officials should make the necessary arrangements for distributing
the nomination notice with union officers or staff well in advance of the
day the notice is to be distributed.
- If election officials do not distribute the nomination notice, they should
insure that it is properly distributed by other union officials.
- If the union newspaper is used to give notice of nominations, the notice
should appear in a conspicuous place in the newspaper. Election officials
should advise the editor of the newspaper that the notice must be given a
prominent position.
- Election officials should retain a copy of the nomination notice for at
least one year after the election and keep a record of the date and method(s)
of distribution.
- Failing to notify sick or laid-off members about nominations.
- Waiving (not enforcing) candidate eligibility requirements without providing
adequate notice to the membership.
LMRDA Reference:
Section 401(e) provides that:
In any election required by this section which is to be held by secret
ballot a reasonable opportunity shall be given for the nomination of candidates
. . . .
|
Union Constitution Reference:
|
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Figure 3:
NOMINATION NOTICE
Factory Workers Local 888
Nominations for the offices of President, Vice President, Secretary-Treasurer,
Recording Secretary, and three (3) Executive Board members will be accepted
from the floor at the April 1996 membership meeting at the date, time,
and place indicated below. The term of office will run for three years
beginning July 1, 1996. Candidates elected as President and Vice President
will also serve as delegates to the Factory Workers International Union
Convention which will be held in St. Louis, Missouri in August 1997.
Date: Wednesday,
April 3, 1996
Time: 7:00
p.m.
Place: Local
888 Hall
4900 Pulaski Highway
Baltimore, MD 21224
Nominations may also be made in writing and must be received by Recording
Secretary Bill Palmer at the Local 888 office, 4900 Pulaski Highway, Baltimore,
MD 21224 no later than 5:00 p.m. on April 3, 1996.
As provided in the Local 888 Bylaws, any member who has paid dues through
March 1996 prior to 5:00 p.m. on April 2, 1996 is in good standing and
eligible to nominate candidates and run for office.
Candidates must accept nomination at the nomination meeting or, if not
in attendance, submit a written acceptance to Recording Secretary Bill
Palmer by 5:00 p.m. on April 9, 1996.
The election will be conducted on Saturday, May 18, 1996 from 7:00 a.m.
to 5:00 p.m. at the Local 888 Hall. Additional information regarding the
election will be provided in a separate notice which will be mailed to
all Local 888 members at a later date.
|
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Nominating candidates for union office is an important part of the democratic
process. As noted earlier, election officials in some unions may not play any
role until after nominations are completed while in other unions they have certain
nomination responsibilities such as checking candidate eligibility. Federal
law requires that members be given a reasonable opportunity to nominate the
candidates of their choice. To do this, election officials (or other responsible
officials) must not only provide a timely notice of nominations as discussed
in Chapter 2, but must also use procedures which give all members a reasonable
opportunity to make nominations. Although most unions hold a nomination meeting,
the law does not require that any particular nomination procedure be used. A
union is free to choose any method which provides members a reasonable opportunity
to nominate; however, the nomination procedure used must follow the provisions
of the unions constitution and bylaws.
- Various procedures can be used to provide a reasonable opportunity to nominate
candidates (including nominations from the floor at a nomination meeting,
by petition, by mail, etc.) provided that the procedure is fairly applied.
- If nominations are conducted at a meeting, the meeting must be held at
a date, time, and place which allow members a reasonable opportunity to attend.
Arrangements must be made for members working on different shifts or at distant
work sites such as holding more than one nomination meeting or allowing nominations
by mail.
- If nominations are conducted at a meeting, no quorum requirement may be
imposed.
- If a union requires nominators (and members seconding nominations) to be
members in good standing, their eligibility must be checked at the nomination
meeting in order to allow an eligible member the opportunity to make the nomination
if the original nominator is not in good standing.
- If nominations are made by a nominating committee, a union must also provide
an opportunity for members to nominate candidates such as accepting nominations
from the floor at a meeting.
- If self-nomination is permitted, a union must provide another method of
nomination so that a member may also nominate someone else.
- If nominations are by petition, the number of signatures required must
be reasonable considering the size and geographic dispersion of the membership.
A reasonable period of time for candidates to collect signatures must also
be provided.
- If a nominee is unopposed after the union has provided reasonable opportunity
for nominations, the union does not have to include that position on the ballot
if write-in votes are not permitted by the unions constitution and bylaws,
applicable resolutions, or the established practice of the union. (If nominees
for all offices are unopposed under these circumstances, no election is necessary.)
- A union should not require that members be present at a nomination meeting
in order to be nominated.
- If nominations are conducted at a meeting, consider having an election
official rather than a union officer chair the nominations portion of the
meeting to avoid any charges of favoritism when nominators are being recognized.
- The person chairing the nomination meeting should open nominations for
each office separately, give all members ample chance to make nominations
for each office, and keep order during the meeting.
- After each nomination is made, the person conducting nominations should
determine if the nominee is present and accepts nomination in order to prevent
any misunderstanding about who is running for which office (especially if
someone is nominated for more than one position but is allowed to run for
only one office under the unions constitution and bylaws).
- If your union requires a nominee to formally accept nomination, an acceptance
procedure with a reasonable deadline should be established and announced in
advance. Any nominee who is unable to attend the nomination meeting should
be allowed to submit a written acceptance.
- Election officials should keep a complete and accurate list of the name
of each nominee, the office to which nominated, and the person making the
nomination (and members seconding nominations, if applicable).
- Failing to provide an opportunity to nominate to members unable to attend
the nomination meeting due to work schedules, distance, etc.
- Failing to provide an adequate time period for submitting nominations if
nominations are by mail or petition.
- Disqualifying a nominee because the nominator was not in good standing
and failing to reopen nominations for that office.
LMRDA Reference:
Section 401(e) provides that:
In any election required by this section which is to be held by secret
ballot a reasonable opportunity shall be given for the nomination of candidates
. . . .
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Union Constitution Reference:
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Determining candidate eligibility will probably be one of your most important
tasks as an election official, sometimes requiring you to make difficult judgments.
Federal law provides that every union member in good standing is eligible to
be a candidate and hold office subject to reasonable qualifications in the unions
constitution and bylaws such as working at the trade or being in continuous
good standing for a specific time period. Any qualifications must be applied
uniformly to all candidates. As an election official you may be responsible
for determining which nominees are eligible to appear on the ballot and, if
so, you must be familiar with your unions candidate qualifications as
well as the requirements of the LMRDA. If an eligible member is improperly denied
the opportunity to run for office (or an ineligible person is permitted to run),
the election might be successfully challenged even if everything else in the
election was done correctly.
- Member in good standing means any person who has fulfilled
the requirements for membership and who has not voluntarily withdrawn nor
been expelled or suspended by the union. In most unions good standing
requires the timely payment of dues.
- Any qualification which restricts a members right to seek or hold
office must be in the unions constitution and bylaws or other union
rules. Unwritten requirements may not be used to disqualify a candidate. Since
unions must give reasonable notice of nominations, all members should be informed
in advance of new candidate eligibility requirements and any changes to the
requirements.
- Candidate eligibility requirements must be specific enough so that any
member can determine in advance whether or not he or she is qualified to be
a candidate.
- All candidate eligibility requirements must be applied uniformly to all
nominees. A requirement cannot be modified or waived (not enforced) for one
candidate and not for others. However, if no eligible person is nominated
for a particular office, a union may choose to waive a requirement for that
office only.
- A candidate eligibility requirement may not be applied retroactively if
it would result in members having no opportunity to satisfy the requirement.
- Section 504 of the LMRDA prohibits persons convicted of certain crimes
from holding union office for a maximum of 13 years following conviction or
the end of imprisonment (whichever is later).
If necessary, review Section 504 at the end of this Guide for a list of the
crimes which will cause persons to be prohibited from holding office and the
circumstances under which a federal court can lift the prohibition. Questions
about Section 504 should be directed to your unions parent body or OLMS.
- A member whose dues have been checked off by the employer may not be disqualified
because of a delay or failure by the employer to send the dues to the union.
However, a member on checkoff who has no earnings from which dues can be withheld
may be held responsible for paying dues directly to the union in order to
remain in good standing.
- A union may require members enrolled in a bona fide apprenticeship program
to complete their apprenticeships before they are eligible to run for office.
- A union may not limit eligibility for a general office, such as president,
to a particular branch or segment of the union if the restriction deprives
members who are not in the branch or segment of the right to hold that office.
However, if a position represents a unit defined on a geographic, craft, shift,
or similar basis, a union may limit candidate eligibility to members of that
unit.
- Members who are supervisors on a permanent basis may not hold union office.
- Candidate eligibility requirements based on race, color, sex, religion,
national origin, or a maximum age may not be imposed by the union.
- U.S. Department of Labor regulations prohibit candidate eligibility requirements
which would require candidates: to pay a filing fee, to make a declaration
of candidacy several months in advance of the nomination meeting, or to have
prior service in a lower office in the union.
- If a union has a qualification requiring a certain period of prior membership,
it must give credit for prior membership in another affiliated local to any
member who was involuntarily transferred into the union.
- If a union has a working at the trade qualification requiring
a member to be employed in the industry in which the union has collective
bargaining agreements, the union should consider an unemployed member who
is actively seeking employment in the trade to be working at the trade.
- If a union has a continuous good standing qualification based
on the timely payment of dues during a specified time period, the union must
provide a reasonable grace period during which members may make up missed
payments without losing eligibility. For example, thirty days would be a reasonable
grace period.
- If a union has a meeting attendance qualification, the following
factors should be used to judge the reasonableness of the requirement: the
frequency of meetings; the number of meetings which must be attended and the
period of time covered by the requirement; the nature, availability, and extent
of excuse provisions; whether members have an opportunity to attend meetings;
and the impact of the qualification.
If a meeting attendance rule disqualifies a large number of members from candidacy,
that large antidemocratic effect alone may be sufficient to make the requirement
unreasonable.
- Election officials should carefully review the constitution and bylaws
or other union rules to determine the specific candidate eligibility requirements
which will be applied in the election.
- Your union should maintain adequate and reliable records to verify that
each nominee meets or fails to meet the candidacy requirements.
- If any questions arise about a candidate eligibility requirement, election
officials should seek interpretations from parent body officials or guidance
from prior election officials.
- If election officials believe that a candidacy qualification in the unions
constitution and bylaws may be unreasonable, they should consult with the
local or parent body official responsible for interpreting the provision to
discuss whether it should be waived (not enforced).
- If your union has decided to waive (not enforce) an eligibility requirement
in its constitution and bylaws, it should notify all members of this decision
in the nomination notice.
- After nominations, election officials should review appropriate union records
(such as dues payment records) to determine whether each nominee is eligible
to be on the ballot.
- If necessary to resolve candidate eligibility questions, election officials
should contact the employer to review employment records.
- Working as a team, election officials should reach agreement on the eligibility
of all candidates and keep a record of eligibility information, such as a
list of dues payments missed by each nominee.
- After checking and making decisions about candidate eligibility, election
officials should notify each candidate in writing of their final determination
on eligibility. Ineligible candidates should be notified of the specific reason(s)
why they are not eligible to hold office. See Figures 4
and 5 - Candidate Eligibility Letters.
- Making eligibility determinations without carefully checking applicable
union or employer records for all candidates.
- Not applying candidate qualifications uniformly to all candidates.
- Failing to consider part-time employment and periods of disability and
lay-off status in determining whether a member is working at the trade.
- Failing to consider dues checkoff payments which were received late from
the employer in determining whether a member meets a continuous good
standing requirement.
LMRDA Reference:
Section 401(e) provides that:
. . . every member in good standing shall be eligible to be a candidate
and to hold office (subject to section 504 and to reasonable qualifications
uniformly imposed) . . . .
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Union Constitution Reference:
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Figure 4:
CANDIDATE ELIGIBILITY LETTER - ELIGIBLE |
April 5, 1996
Ms. Lois Lawson
408 McHenry Street
Baltimore, MD 21201
Dear Ms. Lawson:
As you know, Factory Workers Local 888 will conduct its regularly scheduled
election of officers on May 18, 1996. At the nomination meeting on April
3, 1996, you were nominated and accepted nomination to be a candidate
for the office of Executive Board member for a three year term of office.
The Election Committee has reviewed Local 888 dues records and determined
that you have met the necessary candidate eligibility requirements provided
in Article VI of the Local 888 Bylaws and are therefore eligible to run
for office.
You are invited to attend a meeting for candidates at 2:00 p.m. on April
13, 1996 at the Local 888 hall. At this meeting, the Election Committee
will review the procedures to be followed in the election and discuss
campaign rules. In addition, a drawing will be held to determine candidate
position on the ballot. If you are not able to attend, you may send a
representative; otherwise an election official will represent you in the
drawing.
Please complete and return the attached form by April 19, 1996 so that
your name (proper, familiar, or nickname) will appear on the ballot exactly
as you wish. If the form is not returned, your name will appear on the
ballot as printed above.
I am enclosing a copy of the Local 888 Election and Campaign Rules
for your information. If you have any questions about the election or
the scheduled meeting for candidates, please call me at 555-7676.
Sincerely,
Fran Wise
Election Chairperson
--------------------------------------------------------------------------------------
I wish my name to appear on the Local 888 ballot as follows:
_____________________________________
(please print) ________________________________
_________________________
Signature Date
Detach and return this form by mail or in person by April 19, 1996 to
Fran Wise at the Factory Workers Local 888 office, 4900 Pulaski Highway,
Baltimore, MD 21224.
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Figure 5:
CANDIDATE ELIGIBILITY LETTER - INELIGIBLE |
April 5, 1996
Mr. Louis C. Decker
403 Bayberry Circle
Baltimore, MD 21234
Dear Mr. Decker:
As you are probably aware, Factory Workers Local 888 will conduct its
regularly scheduled election of officers on May 18, 1996. At the nomination
meeting on April 3, 1996, you were nominated to be a candidate for the
office of Secretary-Treasurer.
The Election Committee has reviewed Local 888 dues records which show
that you did not pay dues for the period December 1995 through February
1996 and, therefore, were not a member in good standing prior to the nomination
meeting as required by Article VI of the Local 888 Bylaws. Consequently,
the Local 888 Election Committee has determined that you are not
eligible to run for office in the 1996 election of officers and your name
will not appear on the ballot.
If you have any questions about your eligibility status, please call
me as soon as possible at 555-7676.
Sincerely,
Fran Wise
Election Chairperson
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After nominations are completed, candidates usually begin to campaign in earnest,
meeting voters, making speeches, and distributing their campaign literature.
Conflicts and problems sometimes arise during the campaign period and, in order
to deal with them, election officials must be knowledgeable about campaign rules
and the basic rights of candidates under federal law. For example, the union
is bound by a general rule of fairness if one candidate is given a certain
opportunity or privilege then all other candidates must be given the same opportunity
or privilege. Election officials must not discriminate among candidates and
should not appear to favor any current officers who are candidates. Election
officials must maintain a businesslike relationship with all candidates even
if they are personal friends, work associates, or political foes. To avoid misunderstandings
and insure that candidates are treated equally, election officials should develop
campaign rules, inform all candidates about them, and enforce the rules uniformly.
- The union must provide a reasonable period prior to the election during
which candidates and their supporters may campaign. What is a reasonable period
of time depends upon the circumstances, including the method of nomination,
the number of members in the union, and its geographic area.
- Equal opportunity to campaign must be provided. For example, if one candidate
is invited to speak at a union meeting, all candidates for the same position
must be invited to speak at the meeting for the same length of time. Likewise,
a union should not allow one candidate to place a campaign article in the
union newspaper without first notifying other candidates that they too may
campaign in this way.
- The union must provide adequate safeguards to insure a fair election. Campaign
rules must be the same for all candidates.
- Upon making a reasonable request, each candidate is entitled to have his
or her campaign literature distributed to members by the union at the candidates
expense. See Chapter 6 - Distributing Campaign Literature.
- Once within 30 days before the election, candidates must be allowed to
inspect (not copy) a list of members subject to a collective bargaining agreement
which requires membership in the union as a condition of employment. See Chapter
7 - Inspecting the Membership List.
- A candidate has a right to a copy of the unions list of employers
only if another candidate uses the unions list of employers for campaigning.
(However, under Section 104 of the LMRDA, a member is entitled to review all
collective bargaining agreements to which the union is a party.)
- Union/employer funds and resources of any type may not be used to support
the candidacy of any person in a union officer election (including campaigning
on union time by union officials). See Chapter 8
- Union and Employer Funds.
- Candidates are entitled to have observers at the polls and at the tally
of ballots. See Chapter 13 - Observers.
- Your union may adopt additional campaign rules as long as they do not conflict
with federal law.
- Election officials should inform all candidates of the election rules and
procedures as soon as possible. See Figure 2 -
Election and Campaign Rules.
- Election officials should also consider holding a meeting with candidates
to discuss all election and campaign rules and to answer any questions.
- Election officials should advise candidates about the prohibition against
the use of union and employer funds. Election officials may also wish to encourage
candidates to keep records of campaign contributions and expenses so that
any allegations of improper use of union or employer funds can be resolved.
- Current officers and union employees should be cautioned to take vacation
time or a leave of absence if they are going to campaign during work hours,
especially on election day.
- Candidates should be asked how they would like their names to appear on
the ballot.
- If election officials decide to allow one candidate to campaign in some
way that was not previously announced, they should immediately notify all
other candidates that they will be allowed the same privilege.
- Election officials should, to the extent possible, attempt to insure that
the employer(s) treats all candidates equally with respect to access to work
sites for campaigning.
- Election officials should be courteous but firm with all candidates and
avoid confrontations if possible.
- although election officials cannot control candidate behavior, they should
encourage candidates to act in a responsible manner and to raise any questions
or problems as soon as possible so that election officials have a chance to
remedy the matter or change the election rules and procedures.
- Candidates should be advised of any rules for choosing observers and be
encouraged to tell their observers about election procedures and rules prior
to election day.
- Ignoring the rights of candidates guaranteed by federal law.
- Failing to timely advise all candidates of the campaign rules and any changes
which become necessary.
- Failing to take corrective action promptly if one candidate is given an
improper advantage over other candidates.
LMRDA Reference:
Section 401(c) provides that:
Adequate safeguards to insure a fair election shall be provided . .
. .
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Union Constitution Reference:
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As noted in Chapter 5, federal law establishes certain campaign rights for
candidates in union officer elections including the right to have campaign literature
distributed to the membership by the union at the candidates expense.
In some unions the officers or employees may be involved in the campaign literature
distribution process; in other unions, election officials or a professional
mailer may handle requests from candidates. No matter what the practice, a union
has a duty to comply with all reasonable requests to distribute literature and
to treat all candidates equally. Any refusal to comply with a reasonable request
is improper and could result in the election being successfully challenged.
Election officials can avoid many problems concerning the distribution of campaign
literature by establishing distribution procedures prior to the campaign period
and informing all candidates about them.
- A union must comply with all reasonable requests by a candidate for distribution
of campaign literature at the candidates expense. Federal law does not
define reasonable request but election officials should try to
comply with all requests to the extent possible, since any refusal might later
be determined to have been unreasonable.
- Each candidate must be treated equally with respect to the cost of distributing
campaign literature. There is no requirement that the union distribute literature
free of charge. However, if a union distributes any candidates literature
without charge, all other candidates should be notified that they are also
entitled to have their literature distributed without charge.
- A union should inform all candidates of the procedures for distributing
literature in advance of the campaign period.
- A person need not be formally nominated to be entitled to distribute campaign
literature. A union must distribute campaign literature for a bona fide candidate
seeking to be nominated who makes a request, even if a union rule prohibits
campaign mailings prior to nominations.
- A union may not regulate the contents of campaign literature it is asked
to distribute and may not require that it be permitted to read the literature
before distribution. The union may not censor campaign literature in any way,
even if the literature includes derogatory remarks about other candidates.
A unions contention that mailing certain campaign literature may constitute
libel does not justify a refusal to distribute the literature since the union
is under a legal duty to distribute the material.
- A union must honor requests for distribution of literature to all members
in good standing and must also honor requests for distribution to only a portion
of the membership if such distribution is feasible.
- A union may not refuse to distribute literature because it has no staff
or a small staff. If necessary, a union should employ additional temporary
staff, use a professional mailer, or have the election officials make the
distribution in order to comply with any requests. Any costs (for producing
address labels, hiring temporary employees, etc.) can be passed on to each
candidate requesting a distribution of literature.
- A union may not limit the number of mailings which a candidate is permitted
to make.
- A union may require candidates to pay in advance for campaign literature
distributions, if such a requirement is applied uniformly to all candidates.
- Election officials should determine from union officers how the union handled
requests to distribute literature in prior elections and if any problems occurred.
- Election officials should decide how to handle requests to distribute campaign
literature based on factors such as cost, availability of staff or election
officials, etc. If appropriate, make necessary arrangements in advance to
use union staff or a professional mailer to handle requests.
- To avoid charges of unequal treatment, election officials should notify
all candidates in advance of the conditions under which the union will mail
campaign literature, including to whom candidates should direct a request
for distribution, the payment required, and any other rules which apply.
- One easy way for election officials to comply with requests for distribution
is to require that campaign literature be furnished to the union in envelopes
which are already stuffed, sealed, and contain proper postage.
- If election officials discover that a candidate has used a personal
mailing list which was created or obtained as a result of the candidate (or
a supporter) serving as an officer or in a union job, the list should be made
available to all other candidates.
- Not announcing procedures for the distribution of campaign literature in
advance thereby giving the candidate who first makes a distribution request
an advantage over other candidates who did not know about the distribution
procedures.
- Insisting that a candidates campaign literature be read and/or approved
by election officials or current officers before it is mailed.
- Refusing a candidates request to mail literature to less than the
full membership if such a distribution is feasible.
- Imposing a deadline for making requests to mail literature and, as a result,
refusing to comply with an otherwise reasonable request.
LMRDA Reference:
Section 401(c) provides that:
. . . every local labor organization, and its officers, shall be under
a duty, enforceable at the suit of any bona fide candidate for office
in such labor organization . . . to comply with all reasonable requests
of any candidate to distribute by mail or otherwise at the candidate's
expense campaign literature . . . to all members in good standing of such
labor organization . . . with equal treatment as to the expense of such
distribution.
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Union Constitution Reference:
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In addition to having campaign literature distributed by the union as discussed
in Chapter 6, candidates in union officer elections also have a right to inspect
a list of members (and their addresses) subject to a collective bargaining agreement
which requires union membership as a condition of employment. This right to
inspect is limited to once within 30 days before the election and does not include
the right to copy the list. In most unions the officer who maintains the membership
list will be responsible for making the list available to candidates; election
officials will not usually be involved. However, to avoid any misunderstandings,
election officials should determine from union officials what procedures will
be used to allow inspection and then inform all candidates about them. In addition
to permitting inspection, the union may not discriminate in favor of, or against,
any candidate with respect to the use of lists of members.
- A candidates right to inspect the unions membership list is
limited to a list of members who are subject to a collective bargaining agreement
which requires union membership as a condition of employment.
- Even if union membership is not required as a condition of employment,
the union may nevertheless decide to allow inspection of its membership list.
If the union decides to do so, it must treat all candidates equally and notify
them of the decision to allow inspection.
- The right to inspect the membership list is limited to one time within
30 days before the election or 30 days before the mailing of ballots in a
mail ballot election.
- A union must allow a bona fide candidate who is seeking to be nominated
to run for office the opportunity to inspect the membership list once within
30 days before the election.
- The union is required to maintain the membership list at its principal
office but is not required to provide for inspection at other places, such
as a satellite union office or work locations of members.
- Candidates do not have the right to copy the membership list, only the
right to inspect and/or compare it with a personal list of members.
- If a candidate is permitted to use the membership list for any purpose
other than inspection (such as copying), the union must inform all candidates
of the availability of the list for that other purpose and give the same privilege
to all candidates who request it.
- A candidate has a right to a copy of the unions list of employers
only if another candidate uses the unions list of employers for campaigning.
(However, under Section 104 of the LMRDA, a member is entitled to review all
collective bargaining agreements to which the union is a party.)
- Election officials should discuss with the union official responsible for
the membership list where, when, and how it will be made available for inspection
and to whom requests for inspection should be directed.
- To avoid charges of unequal treatment among candidates, election officials
should notify all candidates in advance of the dates, times, and place the
list will be available and the person they should contact to make a request
for inspection.
- If election officials discover that a candidate has used a personal
mailing list which was created or obtained as a result of the candidate (or
a supporter) serving as an officer or in a union job, the list should be made
available to all other candidates.
- Allowing one candidate to do more than inspect (such as copy) the unions
membership list without giving other candidates the same privilege.
- Denying a bona fide candidate who is yet to be nominated the right to inspect
the membership list within 30 days before the election.
LMRDA Reference:
Section 401(c) provides that:
. . . every local labor organization, and its officers, shall be under
a duty, enforceable at the suit of any bona fide candidate ... to refrain
from discrimination in favor of or against any candidate with respect
to the use of lists of members . . . . Every bona fide candidate shall
have the right, once within 30 days prior to an election of a labor organization
in which he is a candidate, to inspect a list containing the names and
last known addresses of all members of the labor organization who are
subject to a collective bargaining agreement requiring membership therein
as a condition of employment, which list shall be maintained and kept
at the principal office of such labor organization by a designated official
thereof.
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Union Constitution Reference:
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Although union funds may be used to pay for nomination and election notices
and other expenses for conducting the election, federal law strictly prohibits
the use of union and employer funds to promote the candidacy of any person in
a union officer election. This prohibition was adopted to prevent a current
officer from being able to use the union treasury to help finance an election
campaign. It was also intended to prohibit an employer from being able to influence
the outcome of a union election. Unfortunately, the use of union or employer
funds is a relatively common problem in union officer elections. In many cases,
however, the improper use is unintentional since the candidates, union officials,
and employers simply do not know the extent of the restriction and that it applies
to facilities, equipment, and supplies as well as cash. Election officials are
presented with a challenge in that they do not control access to a unions
or employers funds, but are still expected to conduct an election in which
no such funds are used. Therefore, election officials should make sure that
all candidates, union officials, and union employees are aware of the restriction
on the use of union and employer funds and should be alert throughout the election
process for any improper use of funds.
- A union or employer may not contribute money or anything of value (such
as the use of facilities, equipment, or supplies) to promote the candidacy
of any individual in a union officer election.
- The restriction on the use of union funds applies to all moneys received
by the union by way of dues, assessment, or similar levy.
- The prohibition against the use of union and employer funds applies to
any union and any employer, not just the union conducting the election or
an employer of the unions members. For example, it is improper for a
candidate to have campaign literature duplicated free of charge on a copy
machine at a small business owned by a relative of the candidate.
- Any expenditure of union or employer funds on behalf of a candidate, even
if the amount is small, is a violation of federal law.
- The use of union/employer funds or facilities is a violation of federal
law even if union officials or the employer do not know about or approve of
the use.
- The prohibition against the use of union and employer funds applies to
direct expenditures from the union or employer as well as indirect expenditures
including:
- campaigning on time paid for by the union or employer
- use of union/employer owned or leased equipment such as telephones, fax
machines, and copy machines
- use of union/employer supplies such as stamps, paper, and envelopes
- use of union employees to prepare campaign literature while on union time
- use of the union letterhead
- use of union/employer property or facilities
- printing articles which support or criticize an individuals candidacy
in a union newspaper or other publication
- giving free services or special discounts to a candidate customer such
as printing, photocopying, etc.
- A union may adopt additional rules governing contributions to campaign
funds such as prohibiting contributions from any person who is not a member
of the union.
- Certain uses of union and employer funds which do not support one persons
candidacy over another are acceptable, such as providing the use of equipment,
facilities, or publications to all candidates on an equal basis after giving
them notice of this opportunity.
- Campaigning by union officials which is incidental to union
business is not a violation of federal law. For example, any campaigning by
union officials which occurs as a consequence of conducting legitimate union
business, such as shaking hands with members while visiting work sites on
official business, is permissible.
- To insure that candidates are aware of the prohibition against the use
of union and employer funds, election officials should issue rules explaining
the restrictions. See Figure 2 - Election and Campaign
Rules.
- Election officials should advise union officials about the prohibition
against the use of union and employer funds. See Figure 6 - Union and Employer Funds Prohibition
Letter.
- Election officials should advise the editor of any union-financed newspaper
or other publication that the publication should not promote or criticize
a candidate in any way during the nomination and election period such as by
publishing articles complimentary of current officers or letters to the editor
which are critical of any candidate.
- Current officers and union employees should be cautioned to take vacation
time or a leave of absence if they are going to campaign during work hours,
especially on election day.
- If election officials become aware of any improper use of union or employer
funds before the election occurs, they should take appropriate corrective
action such as requiring a candidate to reimburse the union or employer.
- Election officials should consult with the unions parent body or
OLMS if they are unsure as to what specific action should be taken to remedy
an improper use of union or employer funds prior to election day.
- Not advising candidates and union officials about the prohibition against
the use of union/employer funds and resources so that unintentional violations
of federal law can be avoided.
- Assuming that the prohibition against the use of union and employer funds
applies only to cash expenditures and not to the use of equipment, supplies,
or facilities.
- Allowing the union newspaper or other publications to be used to promote
the candidacy of current officers.
- Failing to recognize that the use of funds, equipment, supplies, etc.,
belonging to other unions or employers which do not employ the unions
members is improper.
LMRDA Reference:
Section 401(g) provides that:
No moneys received by any labor organization by way of dues, assessment,
or similar levy, and no moneys of an employer shall be contributed or
applied to promote the candidacy of any person . . . .
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Union Constitution Reference:
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Figure 6:
UNION AND EMPLOYER FUNDS PROHIBITION
LETTER |
April 4, 1996
Mr. Jack Roberts, President
Factory Workers Local 888
4900 Pulaski Highway
Baltimore, MD 21224
Dear Mr. Roberts:
In March 1996 I was selected to be Chairperson of the Factory Workers
Local 888 Election Committee. As you know, the Local 888 election of officers
will be conducted on May 18, 1996.
Since the campaign period is about to begin, I want to take this opportunity
to advise you of certain restrictions on the use of union and employer
funds for campaign purposes. Specifically, Section 401(g) of the Labor-Management
Reporting and Disclosure Act of 1959, as amended, prohibits the use of
union and employer funds to promote the candidacy of any person in a union
officer election. This prohibition applies to facilities, equipment, supplies,
and cash, as well as to campaigning on time paid for by either a union
or employer and to the use of the Local 888 newsletter for campaign purposes.
You should also be aware that the prohibition against the use of union
and employer funds applies to any union and any employer, not just to
Factory Workers Local 888 or to the employers with whom Local 888 has
collective bargaining agreements.
I am notifying all Local 888 officials of this legal prohibition to make
them fully aware of the extent of the campaign restrictions so that any
potential problems can be avoided. If you have any questions, please call
me at 555-7676.
Your cooperation is appreciated.
Sincerely,
Fran Wise
Election Chairperson
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The opportunity to cast a secret ballot in an officer election is the most
fundamental right guaranteed by the LMRDA to all union members in good standing.
A union may adopt rules in its constitution and bylaws defining good standing
which usually relate to the payment of dues. Your responsibility as an election
official is to insure that only members in good standing are permitted to vote.
Since voter eligibility is one of the most common reasons that elections are
challenged, preparing an accurate voter eligibility list is critical. The right
to vote also implies a reasonable opportunity to vote; therefore, election officials
must take into account factors such as distance to the polling site and hours
of work when scheduling polling hours and locations. If members are dispersed
over a wide geographic area, it may be necessary to establish multiple polling
sites, conduct the election by mail, or make absentee ballots available in order
to provide all members a reasonable opportunity to vote.
- A union may require that members pay dues in order to be eligible to vote.
This usually means that a member must not be delinquent in the payment of
dues at the time of the voting.
- A member in good standing whose dues have been checked off by the employer
may not be disqualified from voting because of any delay or failure by the
employer to send the dues to the union.
- A member on dues checkoff who has no earnings from which dues can be withheld
may be held responsible for paying dues directly to the union in order to
remain in good standing and be eligible to vote.
- A member who has failed to pay dues can lose good standing without a union
trial or without notice if the union's constitution and bylaws so provide.
- A union may restrict the right to vote of unemployed members who go on
withdrawal status and, as a result, do not pay dues. However, unemployed members
actively seeking employment who do not go on withdrawal status and instead
continue to pay dues may not be denied the right to vote.
- A union may adopt constitutional provisions restricting the right to vote
by employers, managers, supervisors, contractors, apprentices, and retirees.
- Members who work only part time but pay the required dues may not be denied
the right to vote.
- A union may require members to pay monthly or quarterly dues in advance.
However, a union must provide a grace period (such as 30 days) during which
dues may be paid without any loss of voting rights. A member who has not paid
dues for the current month (or quarter) should not be considered delinquent
unless the grace period has expired.
- A union may require a new member who signed a checkoff agreement to pay
one month's dues in advance to be in good standing for the current month.
- A union may require a new member to have maintained good standing for a
period of time, such as six months or a year, before being permitted to vote.
- A union may postpone the voting rights of members enrolled in a bona fide
apprenticeship program until the members complete their apprenticeship.
- Reinstated members who have regained good standing lost because of dues
delinquency or disciplinary action cannot be restricted from voting for a
period longer than that applied to a new member.
- If a union knows in advance that a substantial number or particular segment
of the membership will not be able to vote in person, absentee ballots or
some other means of voting must be made available. Members should be notified
of the availability of absentee ballots and election officials should follow
the same procedures used in a mail ballot election. See Electing Local Union Officers by Mail at
the end of this Guide.
- Any deadline for paying delinquent dues in order to be eligible to vote
should be established in accordance with your union's constitution and bylaws
or other reasonable basis if not addressed in the constitution and bylaws.
- Election officials should attempt to have a complete, accurate list of
eligible voters available as soon as possible. (Remember that the list of
eligible voters may not necessarily be the same as the union's mailing list.)
An accurate voter eligibility list will save time at the polls, result in
fewer challenged ballots, minimize confrontations with voters and observers,
and help prevent challenges to the election.
- If a member's name is not on your union's voter eligibility list or a question
arises about a person's eligibility on election day, he or she should be instructed
to vote a challenged ballot. See Figure 14 - Guidelines for Challenged
Ballots. It is always better to allow a person to vote a challenged ballot
(which will not be counted if the voter is later determined to be ineligible)
than to risk denying an eligible member (whose name was improperly omitted
from the eligibility list) the right to vote.
- Election officials should not be bound by polling hours and locations used
in prior elections, particularly if members were denied a reasonable opportunity
to vote. Make sure that members' work schedules and work locations are considered
when establishing polling hours and places.
- If a location is to be used as a polling site for the first time, election
officials should visit the location before election day to be sure the area
is large enough, well lit, suitable for voting, has adequate parking, and
is accessible to members.
- If necessary, election officials should contact the employer to resolve
questions of voter eligibility.
- The voter eligibility list should be organized in a way that will be most
useful to those checking eligibility on election day, such as alphabetically,
by work site, or by clock number.
- If members will vote for some offices on a geographic, craft, or other
basis, election officials should insure that the voter eligibility list accurately
reflects in which category each member belongs.
- Election officials should review the voter eligibility list carefully just
prior to the election to insure that new members have been added, deceased
or suspended members have been deleted, etc.
- Failing to prepare a complete, accurate voter eligibility list.
- Providing members with the wrong geographic or craft ballot and thereby
denying them the opportunity to vote for the proper office(s).
- Failing to provide adequate opportunity to vote for members working a late
shift.
- Not providing multiple voting sites or mail balloting if members are widely
dispersed.
LMRDA Reference:
Section 401(e) provides that:
. . . every member in good standing . . . shall have the right to
vote for or otherwise support the candidate or candidates of his choice
. . . . Each member in good standing shall be entitled to one vote. No
member whose dues have been withheld by his employer . . . pursuant to
his voluntary authorization provided for in a collective bargaining agreement
shall be declared ineligible to vote . . . by reason of alleged delay
or default in the payment of dues.
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Union Constitution Reference:
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Now that nominations are completed and candidates have begun their campaigns,
your next step in the election process is to notify members about the election.
Federal law requires that all members (not just members eligible to vote) be
notified of an officer election including the date, time, and place that the
voting will occur. Unlike the nomination notice, the notice of election must
be mailed to each member at his or her last known home address at least 15 days
prior to the election. Election officials (or in some cases union officials)
will be responsible for preparing the election notice and making the necessary
arrangements for mailing the notice. This may prove to be more difficult than
you anticipate if your unions membership list does not contain up-to-date
addresses. Therefore, union officials should not wait until the last minute
to begin updating the unions membership address list.
- A notice of election must be mailed to every member, including nonworking
members, at his or her last known home address at least 15 days prior to the
election.
- The notice of election must specify the date, time, and place of the election
as well as the offices to be filled. However, if the notice states that the
election is the regularly scheduled election of all officers, it is not necessary
to list the offices to be filled in the election notice. See Figure
7 - Election Notice.
- To determine the 15-day mailing period, do not count the day the notices
are mailed but count the day of the election. For example, if the election
is to be held on October 20, the election notice must be mailed no later than
October 5.
- In order to comply with the election notice requirement, the union must
make a reasonable effort to update its membership address list prior to the
election.
- An election notice conspicuously placed in the unions newspaper which
is mailed to each members home address at least 15 days prior to the
election satisfies the election notice requirement.
- If the original election notice contains the required information about
a possible runoff election, a separate 15-day mail notice is not necessary
for a runoff election. However, members must still be notified in some manner,
such as posting at the work site(s), if it becomes necessary to conduct a
runoff election for any office(s).
- Election officials should obtain a copy of the election notice used for
the unions most recent election. If this notice contains the required
information, election officials may wish to use the same format.
- In addition to the date, time, and place of the election, the election
notice should also provide any necessary information about voter eligibility,
identification procedures at the polls, availability of absentee ballots (if
applicable), and any new election rules.
- A union may use a single notice for both nominations and the election as
long as the notice meets the requirements for both the nomination and election
notices. See Figure 8 - Nomination and Election
Notice.
- If a substantial number of your unions members are non-English speaking,
the election notice should also include a translation of the required information
in the appropriate foreign language.
- In a mail ballot election, no separate election notice is necessary if
the ballot package is mailed at least 15 days prior to the date by which ballots
must be mailed back in order to be counted and the instructions for marking
and returning ballots are clear and complete. See Electing Local Union Officers by Mail at
the end of this Guide.
- After the election notice is prepared, all election officials should review
it carefully to be sure that it contains no mistakes and all necessary information
is included.
- Election officials should make the necessary arrangements for mailing the
election notice with union officers or staff well in advance of the day the
notice is to be mailed. Election officials should either mail the election
notice or take steps to verify that the election notice was properly mailed
by other union officials.
- Although not specifically required by federal law, election officials should
mail the election notice by first class mail to insure that members receive
the notice before the election. Consider mailing the notice earlier if first
class mail is not used.
- The election notice should be mailed to all members in sufficient time
prior to any established deadline for paying delinquent dues so that ineligible
members have an opportunity to regain eligibility to vote before election
day.
- If any election notices are returned undelivered, election officials should
attempt to obtain accurate addresses and remail these notices promptly.
- In addition to the required mailing, other methods of notifying members,
such as distribution of notices at work sites and posting notices on union
bulletin boards are good reminders about the election and helpful in reaching
members whose addresses are inaccurate.
- Election officials should retain a copy of the election notice for at least
one year after the election and keep a record of the mailing date.
- Using outdated member address records.
- Not mailing election notices to certain membership groups, such as laid-off,
new, or ineligible members.
- Posting the election notice instead of mailing it to all members.
LMRDA Reference:
Section 401(e) provides that:
Not less than fifteen days prior to the election notice thereof shall
be mailed to each member at his last known home address.
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Union Constitution Reference:
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Figure 7:
ELECTION NOTICE
Factory Workers Local 888
A secret ballot election for the offices of President, Vice President,
Secretary-Treasurer, Recording Secretary, and three (3) Executive Board
members will be conducted by Factory Workers Local 888 at the date, time,
and place indicated below. Candidates elected as President and Vice President
will also serve as delegates to the Factory Workers International Union
Convention which will be held in St. Louis, Missouri in August 1997.
Date: Saturday,
May 18, 1996
Time: 7:00
a.m. to 5:00 p.m.
Place: Local
888 Hall
4900 Pulaski Highway
Baltimore, MD 21224
As provided in the Local 888 Bylaws, any member who has paid dues through
April 1996 prior to 5:00 p.m. on May 17, 1996 will be eligible to vote.
Members will be asked to present a Local 888 membership card, drivers
license, or some other form of identification at the polls.
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Figure 8:
NOMINATION AND ELECTION NOTICE
Factory Workers Local 888
NOMINATIONS
Nominations for the offices of President, Vice President, Secretary-Treasurer,
Recording Secretary, and three (3) Executive Board members will be accepted
from the floor at the April 1996 membership meeting at the date, time,
and place indicated below. The term of office will run for three years
beginning July 1, 1996. Candidates elected as President and Vice President
will also serve as delegates to the Factory Workers International Union
Convention which will be held in St. Louis, Missouri in August 1997.
Date: Wednesday,
April 3, 1996
Time: 7:00
p.m.
Place: Local
888 Hall
4900 Pulaski Highway
Baltimore, MD 21224
Nominations may also be made in writing and must be received by Recording
Secretary Bill Palmer at the Local 888 office, 4900 Pulaski Highway, Baltimore,
MD 21224 no later than 5:00 p.m. on April 3, 1996.
As provided in the Local 888 Bylaws, any member who has paid dues through
March 1996 prior to 5:00 p.m. on April 2, 1996 is in good standing and
eligible to nominate candidates and run for office.
Candidates must accept nomination at the nomination meeting or, if not
in attendance, submit a written acceptance to Recording Secretary Bill
Palmer by 5:00 p.m. on April 9, 1996.
ELECTION
The election of Local 888 officers will be conducted at the date, time,
and place indicated below:
Date: Saturday,
May 18, 1996
Time: 7:00
a.m. to 5:00 p.m.
Place: Local
888 Hall
4900 Pulaski Highway
Baltimore, MD 21224
Any member who has paid dues through April 1996 prior to 5:00 p.m. on
May 17, 1996 will be eligible to vote. Members will be asked to present
a Local 888 membership card, drivers license, or some other form
of identification at the polls.
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The ballot is an essential part of the democratic process. In civic and other
types of elections, this country has adopted a voting system known as the "Australian
ballot" an official ballot containing the names of all candidates which
is distributed only at the polling place and marked in secret. Despite having
general familiarity with the balloting process, election officials may be confronted
before the election with a number of ballot-related issues including ballot
design, use of nicknames on the ballot, candidate position on the ballot, use
of slate designations, number of ballots necessary for the election, and the
printing, custody, and safeguarding of the ballots. Problems may also arise
later if election officials are unable to account for all the ballots printed,
so it is important to maintain physical control of the ballots throughout the
election process.
- Instructions on the ballot should clearly state the manner in which members
should mark their ballots; for example, Mark an X or checkmark
in the box next to the name of the candidates of your choice. The ballot
should also indicate the maximum number of votes allowed for each office;
for example, Trustee - vote for no more than three. See Figure
9 - Official Ballot.
- A union may determine the position of candidates names on the ballot
in any reasonable manner permitted by the unions constitution and bylaws,
consistent with the requirement of fairness and other provisions of federal
law.
- Candidates may be listed on the ballot
according to affiliation with a particular slate; however, a voter must also
be able to choose among individual candidates if he or she does not wish to
vote for an entire slate.
- Election officials must be able to account for all ballots printed. (The
number of ballots printed minus the number of ballots issued to members should
equal the number of unused ballots on hand at the end of the election.) Adequate
controls and safeguards must be adopted by election officials to protect the
ballots such as counting the number of ballots received from the printer,
maintaining ballots in a secure place prior to use, and keeping control of
ballots and the ballot box at all times on election day.
- All used and unused ballots and other records pertaining to the election
must be maintained for one year following the election. Election records include
voter eligibility lists, sign-in registers, tally sheets, and any other documents
or records used in the nominations and election.
- Election officials should determine the unions policy concerning
the position of candidates names on the ballot and follow the policy
uniformly. Also determine the candidates preferred listing of their
names in accordance with election rules; be consistent with the use of nicknames,
addresses, or other identifying information. The size of the letters, type
of print, and spacing of names on the ballot should not favor any candidate.
- If your union has no rule concerning the position of candidates names
on the ballot, election officials may decide to list candidates alphabetically
or have candidates draw straws to determine position on the ballot.
- The voting instructions on the ballot should clearly advise members that
any identifying marks placed on the ballot will result in the ballot being
voided. See Figure 9 - Official Ballot.
- If your union allows write-in votes, the ballot should so specify and have
spaces for write-in candidates for each office.
- Any offices for which the officer is a delegate by virtue of election to
office should be clearly indicated on the ballot.
- Election officials should make arrangements to provide adequate voting
instructions to any non-English speaking members, such as including a translation
of the instructions on the ballot in the appropriate foreign language.
- Election officials should obtain a ballot used in the most recent officer
election which can be used as a model in designing the ballot. Questions about
ballot format can be discussed with a printer who should be able to provide
expert advice about various options.
- Ballots should be acquired from an outside source such as a printer instead
of using the unions copy machine to make ballots. The printer should
be asked to provide an official count of the number of ballots printed.
- Election officials should carefully check the ballots and voting instructions
for accuracy before and after printing to insure that each candidates
name is correctly spelled, each office indicates the correct number of positions
to be filled, and each candidate is listed for the proper office.
- If voting machines are used, check that they are operating properly, that
candidates are listed correctly, and that the machine counters are set at
zero before the polls are opened. A supply of paper ballots should be on hand
if the machines break down or it becomes necessary to use challenged ballots.
- The number of ballots ordered/printed should equal the total number of
eligible members plus about 5 percent. Extra ballots may be necessary if voters
spoil their ballots and need replacements. On the other hand, election officials
should avoid having too many extra ballots printed since an excess of ballots
makes it harder to safeguard and account for all ballots.
- If your union uses more than one ballot (for geographic, craft, or similar
races), election officials should consider printing them on different colored
paper so that they can be distinguished easily.
- If your union uses ballots which have serially numbered tear-off stubs
(corresponding to a numbered voter sign-in register), voters should be advised
to remove the stubs before depositing the marked ballots into the ballot box
in order to preserve voter secrecy. However, use of serially numbered ballots
is not recommended because members often fail to remove the stubs and secrecy
may be compromised.
- A blank sample ballot (which is clearly marked Sample Ballot)
should be posted at the entrance to the polls to familiarize the voters with
the ballot format and the candidates for each office. Posting a sample ballot
should also reduce the amount of time members spend in the voting booths.
(Remember that any official ballots used as samples should be accounted for
at the end of the election.)
- Election officials should insure that enough ballots are available at each
polling place prior to the start of the election to accommodate the number
of expected voters. If different ballots are being used for various geographic,
craft, or similar races, make certain each polling area has the correct number
and type of ballots on hand. An election official should be able to quickly
provide extra ballots to any polling site if needed.
- Prior to the election, election officials should prepare materials necessary
for handling ballots challenged by observers or election officials because
they were cast by persons whose eligibility is in question. See Figure
14 - Guidelines for Challenged Ballots.
- After the tally has ended and the election results have been announced,
place all used and unused ballots, eligibility lists, sign-in registers, and
other election-related records in a box. Election officials should seal the
box with tape, write their names (and the date) across the tape, and store
the box in a safe place for at least one year.
- Failing to review the ballot carefully before and after printing to insure
that all candidates names are listed in the proper order and spelled
correctly, including nicknames if appropriate.
- Not safeguarding the ballots from the time they are received from the printer
until the time they are put into storage following completion of the ballot
tally.
- Failing to account at the end of the ballot tally for all ballots printed.
LMRDA Reference:
Section 401(c) provides that:
Adequate safeguards to insure a fair election shall be provided .
. . .
Section 401(e) provides that:
The election officials designated in the constitution and bylaws
or the secretary, if no other official is designated, shall preserve for
one year the ballots and all other records pertaining to the election.
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Union Constitution Reference:
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Figure 9:
OFFICIAL BALLOT
FACTORY WORKERS LOCAL 888
MAY 18, 1996
Mark an "X" or a checkmark in the box next to the name
of the candidates of your choice. Do not put your name, initials,
or any other identifying information on the ballot. Ballots containing
any identifying information will be voided.
President
(Delegate to the International Union Convention)
Vote For Only One
Josephine "Joey" Mintor
Manny Gonzalez
Jack Roberts
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Recording Secretary
Vote For Only One
Bill
Palmer
Chris Jenkins
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Vice President
(Delegate to the International Union Convention)
Vote For Only One
Bill Simmons
Tammy Pinski
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Executive Board Members
Vote For No More Than Three
Jeff Barnes, Jr.
Lois Lawson
Ruth Smith
Jane Adkins
Richard "Dallas" Riker
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Secretary-Treasurer
Vote For Only One
Betsy Fontana
David R. Dennis
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Election day is the culmination of a lengthy process of planning and preparation
that began with the notice of nominations. Weeks before the voting is scheduled
to occur, election officials should have selected the polling location(s) and
the hours of voting, taking into consideration whether the location and times
provide members an adequate opportunity to vote in secret. As election day nears,
additional preparations must be completed since election officials can be faced
with any number of unusual or unforeseen situations at polling sites during
the voting. Questions concerning voter eligibility may be raised, supplies may
run short, members may attempt to mark their ballots outside of voting booths
and thereby compromise voter secrecy, candidates or their supporters may violate
campaign rules, and disagreements can sometimes surface among the election officials.
Boredom can set in during slow times while, on the other hand, the rush of voters
during shift changes may be difficult to handle. Fortunately, these situations
can be avoided, or at least minimized, by careful planning, preparation, and
teamwork by election officials.
- Election officials must not only make arrangements for balloting in secret
but must also insure that members actually use the secret balloting facilities
provided. Secrecy may be assured by the use of voting machines or, if paper
ballots are used, by providing voting booths, partitions, screens, curtains,
separate voting rooms, or other arrangements which insure privacy for the
voters. If additional voting booths are necessary, large cardboard boxes placed
on tables with one side cut open can be used.
- A sufficient number of blank ballots as well as other supplies should be
on hand. See Figure 12 - List of Polling Place
Equipment and Supplies.
- Election officials must insure that no campaigning occurs in the polling
area and that order is maintained at the polls at all times. The polls should
be checked periodically to insure that voters have not left campaign material
in the voting area.
- Each candidate must be permitted to have an observer(s) at the polls and
at the tally of ballots. Observers should be permitted to challenge the eligibility
of individual voters. See Chapter 13 - Observers.
- Election officials and observers should not wear campaign buttons, stickers,
or other types of campaign apparel in the polling area. However, voters may
wear campaign buttons, stickers, or other campaign apparel unless specifically
prohibited by union rules.
- Before voting begins, the ballot box should be opened in the presence of
observers to make sure that it is empty, and then it should be sealed or locked
until the ballot tally begins.
- The polls must be opened precisely at the scheduled time and the polling
hours listed in the election notice should be strictly followed. However,
any members waiting in line at closing time should be permitted to vote.
- Election officials should ask each voter to present identification, check
the voter's eligibility, and mark the voter's name off the eligibility list.
Each voter should also sign a voter register before receiving a ballot. See
Figure 13 - Voter Sign-in Register.
These procedures create an official record of who voted in the election and
help insure that a member can vote only once.
- Prior to election day, election officials should prepare materials necessary
for handling ballots challenged by observers or election officials because
they were cast by persons whose voting eligibility is in question (or by members
voting at the wrong location if multiple polling sites are used). See Figure
14 - Guidelines for Challenged Ballots.
- If voting occurs at more than one location, a system should be established
to prevent a person from voting more than once. For example, a separate voter
eligibility list should be prepared for each polling site and each members
name should appear on only one list. The election notice should advise that
members must vote at their normal work site location or they will be required
to vote a challenged ballot.
To help conduct an orderly, problem-free election, election officials should:
- Check with the unions prior election officials to find out if any
problems occurred at the polls and how they can be avoided.
- Obtain approval from the employer well before the election if voting is
to occur at the work site(s).
- Use the space available in the voting area efficiently by carefully planning
the placement of the registration tables, voting booths, ballot box, and observer
area. Try to achieve a logical and smooth flow of voters during the balloting
which will help reduce long lines at registration, aid in insuring ballot
secrecy, and allow election officials to more easily control the entire voting
process. See Figures 10 and 11 - Polling Place Diagrams.
- Arrive at the polls at least one hour before the polls open to set up registration
tables, voting booths, etc., and to make sure everything is in order and ready
for voters.
- Put up signs if necessary to direct members to the polling area.
- Consider using voting machines which substantially reduce the time needed
to count ballots and also present fewer secrecy problems because a curtain
is normally part of the machine's operating mechanism.
- Check to see that all voting machines are operating properly, that candidates
are listed correctly, and that the machine counters are set at zero before
the polls are opened. Be sure to have a supply of paper ballots on hand if
machines break down or it becomes necessary to use challenged ballots.
- Take appropriate steps to protect the privacy of the voter when punch card
voting equipment or other similar mechanical devices are used, particularly
if the surrounding barriers are too low.
- Use more than one registration table if a large number of members vote
at a particular site. Divide the eligibility list alphabetically, or by member
identification number if appropriate, and clearly mark the registration tables
to reflect how the list is broken down.
- Try to have adequate backup records such as dues payment information available
at the polling site to verify voter eligibility if questions arise.
- Place the ballot box in a location where it can be seen by election officials
and observers at all times.
- Explain the voting procedures to observers before the polls open and answer
any questions.
- Follow established voting procedures with a goal of moving voters through
the polls in the most efficient manner possible in order to avoid confusion,
long lines, or other problems.
- Avoid distractions such as eating and engaging in casual conversations
and stick to business while voters are present.
- Assign specific tasks to each election official as illustrated in Figures
10 and 11 - Polling Place Diagrams.
- Pay close attention when marking a voter's name off the eligibility list.
During a busy period it is very easy to mark the wrong name on the list. If
a voter appears whose name has already been marked off the list, examine the
names near the voters name on the eligibility list to see if an obvious
explanation can be found. (For example, one election official may remember
that John Jones voted but his name is not marked; instead the name of Joe
Jones who has now come to vote for the first time has been marked in error.)
However, if no explanation is found, direct the voter to cast a challenged
ballot.
- Maintain strict control over the supply of unused ballots at all times.
- Insure that ballots are not issued to voters until a voting booth or private
space is available in the voting area and insist that voters cast their ballots
in secret. If a rush of voters comes to the polls, direct them to line up
at the entrance to the polling area and control their access to the registration
tables to avoid confusion.
- Void the ballot of any member who refuses to vote in secret. (Usually the
threat of this action will result in the member following directions.)
- Provide another ballot to a voter who spoils his or her ballot while voting.
Maintain the secrecy of any spoiled ballot by folding it in half, writing
spoiled on the back, and placing it in a separate envelope for
spoiled ballots. Maintain custody of all spoiled ballots and account for them
at the completion of the ballot tally.
- Allow only election officials, voters, and observers in the polling area.
- Allow observers to watch the election process, ask questions, and challenge
voters eligibility. Do not be antagonistic in dealing with observers.
- Enforce a no loitering rule and establish an exit route for
members who have already voted. Enforcing this rule uniformly from the outset
will greatly reduce confusion at the polls.
- Wear Election Official badges or some other identification
so that voters know to whom they should direct questions or problems.
- Treat voters politely; if necessary, be firm but avoid being overbearing.
Keep your composure at all times and remember that you represent your union.
- Keep at least one election official at the polls at all times; schedule
breaks during times when voting is slow.
- Establish procedures to provide assistance on an impartial basis to physically
impaired or foreign language speaking voters. For example, physical barriers
at the polling site should be eliminated or other arrangements made to allow
physically impaired members to vote in secret. If a significant portion of
the membership speaks a foreign language, at least one of the election officials
should be fluent in that language.
- Be familiar with and enforce any polling place requirements in your union's
constitution and bylaws or the election rules such as a prohibition against
campaigning within a specified distance of the polling area.
- Designate one election official to deal with any news media inquiries.
Do not allow media representatives to disrupt polling procedures.
- Remind all election officials not to forget to vote. Election officials
should follow the same voting procedures as other voters.
- Not insisting that members use voting booths and allowing them to mark
their ballots on walls, the registration table, or other members' backs.
- Failing to provide enough voting booths for the anticipated number of voters.
- Not setting up the polls properly to control the voter flow resulting in
confusion, disorder, and disgruntled voters.
- Marking the wrong name off the voter eligibility list.
- Allowing campaigning in the polling area by observers, election officials,
or candidates while they are voting.
- Failing to safeguard the unused ballots and the ballot box at all times.
LMRDA Reference:
Section 401(b) provides that:
Every local labor organization shall elect its officers not less often
than once every three years by secret ballot among the members in good
standing.
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Union Constitution Reference:
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Figure 10:
POLLING PLACE DIAGRAM - SAME ENTRANCE & EXIT
Three Election Officials are used in this suggested polling
place model. Signs directing members to the voting area should be posted
as necessary and a blank sample ballot should be posted near the entrance
to the polls.
Election
Official
#1 |
|
This election official controls the flow of members into the polls
allowing only 3-4 voters into the registration area at a time. Any
members waiting to vote should form a line outside the polling area.
Election Official #1 also monitors the ballot box.
|
Election
Official
#2 |
|
The second election official, seated at the registration table,
checks members' identification, marks members' names off the voter
eligibility list, asks members to sign the voter register, and issues
ballots.
|
Election
Official
#3
|
|
The third election official insures that members mark ballots only
in the voting booths, responds to observer questions, and monitors
their activities. Election Official #3 also handles any challenged
ballot duties, periodically inspects the voting booths to collect
and discard campaign literature which may have been left behind,
and directs members to drop their marked ballots into the ballot
box and leave the polling area immediately.
|
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Figure 11:
POLLING PLACE DIAGRAM - SEPARATE ENTRANCE & EXIT
Five Election Officials are used in this suggested polling place
model. Signs directing members to the voting area should be posted as
necessary and a blank sample ballot should be posted near the entrance
to the polls.
Election
Official
#1 |
|
This election official controls the flow of members into the polls
allowing only 3-4 voters into the registration area at a time. Any
members waiting to vote should form a line outside the polling area.
|
Election
Officials
#2 & #3 |
|
These election officials are seated at two different registration
tables with the voter eligibility list divided into two parts (A-L
and M-Z). Election Official #2 and Election Official #3 check members'
identification, mark members' names off the voter eligibility list,
ask members to sign the voter register, and issue ballots.
|
Election
Official
#4 |
|
This election official insures that members mark ballots only in
the voting booths, responds to observer questions, and monitors
their activities. Periodically, Election Official #4 inspects the
voting booths to collect and discard campaign literature which may
have been left behind.
|
Election
Official
#5 |
|
This election official also helps make certain that voting booths
are used and directs members to drop their marked ballots into the
ballot box and leave the polling area immediately. Election Official
#5 also handles any challenged ballot duties and monitors the ballot
box.
|
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Figure 12:
LIST OF POLLING PLACE EQUIPMENT AND SUPPLIES
Election officials should plan the layout of the polling site in advance
and make arrangements prior to the election to have the necessary equipment
and supplies available on election day. At a minimum, election officials
should insure that the following items are at the election site(s) at
least one hour before the polls open:
- Constitution and Bylaws
- Election and Campaign Rules
- sBallots
- Ballot box(es)
- Voting booths, partitions, or large cardboard boxes (with one side
cut open) for members to mark their ballots in secret
- Voter eligibility list/backup dues records
- Voter sign-in register
- Challenged ballot envelopes
- Observer log
- Identification badges for election officials and observers
- One or more large tables for voter registration and ballot distribution
- Chairs for election officials and observers
- Signs for registration tables
- Rubber bands, stapler, writing pads, felt tip markers, and tape
- Pencils for voters to mark their ballots and pencil sharpeners
- Calculator(s)
- Boxes for storing election records
Election officials should also have the telephone numbers of the union
office and nearest OLMS
office available in case questions about voting requirements or procedures
arise at the polling site.
By planning the polling place layout in advance and anticipating the
supplies which will be needed, election officials will be able to minimize
disruptions at the polling site and conduct an orderly election.
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Figure 13:
VOTER SIGN-IN REGISTER
Union: ________________________________ Date: ________________________
Polling Location: ______________________________________________________
Members who cast ballots in the above-referenced officer election are
required to sign below:
1. _______________________________ 26. ________________________________
2. _______________________________ 27. ________________________________
3. _______________________________ 28. ________________________________
4. _______________________________ 29. ________________________________
5. _______________________________ 30. ________________________________
6. _______________________________ 31. ________________________________
7. _______________________________ 32. ________________________________
8. _______________________________ 33. ________________________________
9. _______________________________ 34. ________________________________
10. ______________________________ 35. ________________________________
11. ______________________________ 36. ________________________________
12. ______________________________ 37. ________________________________
13. ______________________________ 38. ________________________________
14. ______________________________ 39. ________________________________
15. ______________________________ 40. ________________________________
16. ______________________________ 41. ________________________________
17. ______________________________ 42. ________________________________
18. ______________________________ 43. ________________________________
19. ______________________________ 44. ________________________________
20. ______________________________ 45. ________________________________
21. ______________________________ 46. ________________________________
22. ______________________________ 47. ________________________________
23. ______________________________ 48. ________________________________
24. ______________________________ 49. ________________________________
25. ______________________________ 50. ________________________________
Page ____ of ____
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Figure 14:
GUIDELINES FOR CHALLENGED BALLOTS
The term challenged ballot refers to a ballot
cast by a person whose eligibility to vote has been questioned by election
officials, candidate observers, or members. Unfortunately, the term conveys
a negative image and seems to imply that the voter is somehow at fault.
Most questions concerning eligibility to vote, however, are the result
of misunderstandings, administrative errors, or the failure to prepare
an accurate voter eligibility list.
In many cases, voter eligibility questions occur in the midst of the
voting and cannot be immediately answered since the records and information
necessary to resolve them are not available at the polls. Trying to obtain
the information will result in delays or disruptions at the polls and
may lead to possible confrontations with impatient members waiting to
vote. Usually, the best way to handle any voter eligibility question is
to have the person whose eligibility is in question vote a challenged
ballot.
By using a double envelope challenged ballot system, the voter whose
eligibility is in question can cast a secret ballot and election officials
can later review necessary records and resolve the eligibility question.
This insures that the union will be in a position to count only those
ballots which are cast by eligible members. A ballot can be challenged
for any of several reasons:
If a member's name appears on the union's voter eligibility
list, he or she should be presumed to be eligible to vote in the election.
Therefore, if such a members eligibility is questioned, the person
making the challenge must give a specific reason why the member is not
eligible to vote. However, if a persons name is not on the official
voter eligibility list, election officials must insist that he or she
vote a challenged ballot. Election officials should remember that no matter
what the situation, it is always better to have a person vote a challenged
ballot (which will not be counted if the voter is later determined to
be ineligible) than to risk denying an eligible member (whose name was
improperly omitted from the eligibility list) the right to vote.
Challenged Ballot Voting Procedures
Election officials should anticipate the need to use challenged ballots
at the polling site and should prepare in advance a supply of the two
types of envelopes which will be used (as described below). Prior to the
opening of the polls, election officials should thoroughly review the
challenged ballot rules and procedures to be followed, including proper
use of the double envelope system. After the polls open, if the eligibility
of a voter cannot be resolved immediately at the registration table, officials
should challenge the ballot. The following procedures should
be used for all challenged ballots:
- After moving to a less busy place in the polling area, an election
official should explain to the voter (1) why a challenged ballot must
be cast, (2) the procedures for casting a challenged ballot using a
double envelope system, and (3) that ballot secrecy will be maintained
and the challenged ballot will be counted if the eligibility of the
voter is later verified.
- The challenged voter should be furnished a blank ballot, a small "Secret
Ballot Envelope," and a large outer "Challenged Ballot Envelope" as
illustrated below:
- An election official should record on the larger Challenged Ballot
Envelope the voter's name, other identification information, the reason
for the challenge, and the name of the person(s) who raised the challenge.
- Election officials should create a separate challenged voter list
containing the same information recorded on the outside of the larger
Challenged Ballot Envelope. (This will allow officials to attempt to
resolve the challenges before the ballot tally begins even though the
envelopes with the necessary information have been deposited in the
ballot box and are not available.)
- Election officials should place a C next to the challenged
voters name on the eligibility list to indicate that the person
voted a challenged ballot. If the persons name is not on the list,
his or her name should be added to the bottom of the eligibility list
and a C placed next to the name.
- The voter should be directed to a voting booth or private voting
area and instructed to mark the ballot, place it in the Secret Ballot
Envelope, seal it, put the sealed envelope in the larger Challenged
Ballot Envelope, and return it unsealed to an election official.
- Within sight of any observers, the election official should insure
that the Challenged Ballot Envelope contains the sealed Secret Ballot
Envelope. The voter should then seal the Challenged Ballot Envelope
and place it in the ballot box.
Election officials should insure that members and candidate observers
understand the challenged ballot voting rules and that all procedures
are properly implemented to insure ballot secrecy and allow for resolution
of challenged ballots.
Use of Challenged Ballots at Multiple Polling Sites
If a member scheduled to vote at a certain polling site appears at the
wrong site (when multiple polling sites are used), election officials
should have the member vote a challenged ballot. In order to insure that
a person does not vote more than once, all ballots challenged for this
reason must be later cross-checked at the ballot tally against the voter
eligibility lists for all polling sites before the challenged ballots
are opened and counted.
Challenged Ballots for Voters Without Identification
If a member is unable to present identification and cannot be identified
by union officials, he or she should be requested to return to the polls
after obtaining identification. Challenged ballots based on voter identification
should be avoided to the extent possible since it is not usually feasible
to later resolve the challenge unless the individual whose identity is
in doubt returns to the polls or the tally with acceptable identification.
Resolution of Challenged Ballots
If possible, election officials should not wait until the conclusion
of the voting to begin resolving challenged ballots and should start obtaining
eligibility information while the election is still in progress. By maintaining
a separate challenged voter list containing the same information which
was written on the outer envelopes, election officials may be able to
resolve some or all of the challenges before the ballot box is opened
at the conclusion of the voting. Although preliminary decisions about
a challenged voters eligibility can be made by election officials
while the election is still in progress, a formal announcement regarding
the resolution of any challenged ballots should wait until the start of
the ballot tally to allow all observers to be present. To the extent possible,
challenged ballots should be resolved prior to the conduct of the tally
to help preserve secrecy.
At the start of the tally of ballots, decisions about the counting of
each challenged ballot should be announced to those in attendance and
the reason for each decision should be explained to observers. Election
officials should record the decision as to whether to count the ballot
on the front of the Challenged Ballot Envelope (such as eligible
or not eligible - retired) and initial and date it. If challenged
ballots are resolved as eligible, election officials should remove (but
not open) the Secret Ballot Envelopes from the outer envelopes and mix
them together. In order to preserve secrecy, the Secret Ballot Envelopes
should then be opened and the ballots removed and mixed in with other
uncounted ballots.
Envelopes containing challenged ballots resolved as not eligible should
be left unopened and marked void. If any challenged ballots
cannot be resolved by the end of the tally, election officials should
determine whether the number of unresolved challenged ballots could affect
the outcome of any race. If not, they should not be opened but maintained
with other election records. At the end of the tally, if the number of
challenged ballots not yet resolved could affect the outcome of any race,
they must be resolved at a later date when more eligibility information
becomes available and a final decision can be made as to whether to count
each ballot.
Every effort must be made to preserve the secrecy of challenged ballots
which have been resolved as eligible. However, in the rare instance where
this is not possible (such as in an election where only one challenged
ballot is cast and that voter has been determined to be eligible after
all other ballots have been counted), it is more important to count a
ballot than to preserve secrecy if the ballot could affect the outcome
of any race.
All envelopes used in the challenged ballot process, all unopened voided
challenged ballots, and the challenged voter list should be maintained
for at least one year after the ballot tally with other election records.
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Election officials must understand the role of observers in the election process
in order to be able to deal with them effectively. An observer (poll watcher)
is a candidate representative who is stationed at the polls on election day
to watch the conduct of election officials and voters to insure that the election
is conducted in a fair and impartial manner. Under federal law, every candidate
is entitled to have an observer at each polling site and at the counting of
ballots. Unfortunately, some election officials may object to or resent the
presence of observers because observer questions or comments may be viewed as
challenges to their authority and impartiality. Election officials should remember
that civic elections traditionally include poll watchers from both parties.
Further, the presence of observers adds integrity to the election process and
helps eliminate rumors and groundless accusations which sometime occur when
no observers are present. Elections are less likely to be successfully challenged
when observers are present.
- All candidates have the right to have an observer at the polls and at the
counting of the ballots. If there is more than one polling place, the candidate
may have an observer at each location. If ballots are being counted at more
than one location or at more than one table at a single location, a candidate
is entitled to as many observers as necessary to observe the actual counting
of ballots.
- In mail ballot elections, election officials must allow candidates to have
observers present when the ballot envelopes are stuffed, labeled, and mailed
and during any visits to the post office to pick up and remail ballot packages
which were returned undelivered. Observers must also be allowed to accompany
election officials when the returned ballots are picked up from the post office,
transported to the tally location, reviewed for eligibility, and counted.
- An observer is not required to be a member of the union unless the union's
constitution and bylaws require an observer to be a member. Likewise, a candidate
may serve as his or her own observer unless prohibited by the unions
constitution and bylaws, election rules, or past practice.
- Observers do not have the right to interfere with or disrupt the conduct
of the election. Their role is limited to observing the election process,
asking procedural questions, challenging the eligibility of any individual
voters, and lodging protests with election officials as appropriate.
- Observers should be allowed to adequately monitor the election process
but not compromise, or give the appearance of compromising, the secrecy of
the ballot.
- Observers may not wear campaign buttons, stickers, or other campaign apparel,
distribute literature, or engage in campaign activities inside the polling
place, including conversations about candidates or the election campaign.
- Observers do not have the right to count or handle the ballots in any way
but must be allowed to observe the counting closely enough to verify the accuracy
of the tally.
- Candidates can be required to notify election officials of the identity
of their observers prior to the election, if this requirement is included
in the election rules provided to all candidates and is applied uniformly.
- A written list of observer dos and donts should
be given to each candidate and observer. See Figure 15
- Rules for Observers.
- Election officials should be forthright with observers, explaining the
voting procedures and answering questions. An open exchange of information
will lead to mutual trust and a better-run election.
- Designated locations should be established in the polling area where observers
can monitor the voting without any disruption. Election officials should not
allow observers to roam the polling area and should be on the lookout for
any confrontations between observers for rival candidates.
- Observers should be invited to inspect the voting booths and the empty
ballot box before the polls open, and to accompany the ballot box if it is
moved to a different location.
- Observers can be requested to sign an observer log indicating the times
they were present at a specific polling site or the tally of ballots.
- Election officials may want to provide Observer badges for
observers to wear while at the polls or tally site.
- Rules governing observers conduct should be enforced uniformly. If
it is necessary to remove an observer from the polling area or tally site
for improper conduct, notify the appropriate candidate, if possible, so that
he or she can get a replacement.
- Prior to the start of the ballot tally, election officials should review
the counting procedures with observers including voiding rules.
- When resolving any challenged ballots, election officials should explain
to observers the reason for each decision to count or not count a challenged
ballot.
- Observers should be requested but not required to sign a Ballot Tally Certification
at the end of the ballot tally. See Figure 20 - Ballot Tally Certification.
- Not allowing adequate opportunity for observers to observe the voting process
and the counting of ballots.
- Allowing observers to help election officials during rush times at the
polls or to sit in and provide a break for election officials.
- Failing to inform observers in advance about what they will be allowed
to do, and not do, at the polls and the ballot tally.
- Permitting observers to campaign or engage in partisan conversations with
voters at the polls.
LMRDA Reference:
Section 401(c) provides that:
Adequate safeguards to insure a fair election shall be provided, including
the right of any candidate to have an observer at the polls and at the
counting of the ballots.
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Union Constitution Reference:
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Figure 15:
RULES FOR OBSERVERS
-
Each observer should identify himself/herself to the election officials,
sign the observer log, and indicate which candidate he or she represents.
An observer should notify election officials if he or she is scheduled
to be replaced later in the day by another observer.
-
While present in the polling or tally area, each observer should
wear a badge provided by election officials clearly marked Observer
if requested to do so.
-
Observers, accompanied by election officials, should inspect the
voting booths (or voting machines) and the empty ballot box prior
to the start of the voting.
-
Observers must not campaign in the voting area in any way. They may
not wear buttons or other campaign apparel, distribute campaign material,
or engage in conversations with voters about candidates or the election
campaign.
-
Observers should remain in the area(s) approved by election officials
where they are able to see the voter registration and balloting process.
-
Observers may count the number of voters at the polling site and
note their names.
-
Observers may not roam around the voting area or disrupt the polling
process in any way. They should direct any questions or report any
problems directly to election officials as soon as possible so that
any necessary corrective action can be taken.
-
Observers may challenge the eligibility of any voter by clearly specifying
the basis for the objection to election officials. (For example, I
challenge the eligibility of Voter X because he is a new employee
who has not yet paid dues.)
-
During the tally of ballots, observers may challenge the accuracy
of the way votes are read from marked ballots and recorded on tally
sheets and should state any objection to election officials as soon
as possible so that any necessary corrective action can be taken.
-
Observers may not touch or handle ballots at any time or interfere
with the tally process.
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In many elections the ballot tally may be a tense and emotionally charged event
because of the intensity of the campaign or the perception that races will be
close with every vote important. In larger unions, counting ballots can also
be a long and very tedious process. Candidate observers may raise objections
to the way ballots are counted or voided which can lead to additional complications
and problems. Before the day of the ballot tally, election officials should
decide who will actually count the ballots and the method that will be used.
Election officials should also agree on the specific rules which will govern
the counting and voiding of ballots. If an outside balloting agent will do the
counting, election officials must make the appropriate arrangements. If the
tally will be conducted by election officials or by other union personnel (as
is the case in most unions), election officials must insure that tally sheets
and other necessary materials are prepared and available. By adopting an organized
and systematic approach to the tally and stressing accuracy during the count,
election officials can avoid problems, mistakes, and the need for a recount.
- Every vote on a valid ballot should be counted if the voters intent
is clear no matter what mark ("X," "filled-in box," "checkmark," etc.) is
used to indicate the voters choice.
- If a voter makes a mistake in voting for a position on the ballot, such
as voting for too many candidates for a given office, only the vote(s) for
that office should be voided.
- In the absence of a specific union rule, erasures or "crossouts" should
not cause a vote for a particular office to be voided if the intent of the
voter is clear.
- As a general rule, an entire ballot should not be voided unless it contains
the voters name or other marks which identify the voter. However, a
union has the right to establish reasonable rules for determining whether
a ballot should be counted such as prohibiting all extraneous marks on a ballot.
In the absence of a specific union rule, marks which could not identify the
voter should not cause a ballot to be voided.
- If a union allows write-in votes, all such votes must be counted.
- If the number of unresolved challenged ballots at the end of the tally
could affect the outcome of any race, they must be resolved and, if determined
to be valid, must be counted.
Election officials must preserve voter secrecy for any challenged ballots.
See Figure 14 - Guidelines for Challenged Ballots.
- A union may provide in its constitution and bylaws that a majority (more
than 50%) of the votes cast is needed in order to be elected; otherwise the
candidate with the highest number of votes (plurality) should be declared
elected.
In determining whether a candidate has received a majority of votes cast,
election officials should usually consider only valid ballots counted and
exclude blank and totally void ballots (unless the unions constitution
and bylaws state otherwise).
- Although only valid ballots should be counted in determining the results
of the election, election officials should account for all ballots cast in
the election, including unused, sample, challenged, spoiled, and totally void
ballots.
- Election officials should select a suitable tally site well in advance
of election day. Most unions use the polling site as the location for the
tally which eliminates the need to move ballot boxes; however, election officials
should not feel obligated to count ballots at the polling site or to use the
same location used in prior elections.
- The ballot tally should be scheduled for a time as soon as possible after
the voting is completed but not until all polls are closed.
- The tally area should be set up to achieve maximum security and efficiency
while allowing observers an opportunity to watch the ballot count and other
related activities closely enough to verify the accuracy of the tally. See
Chapter 13 - Observers.
- All materials to be used for counting ballots including tally sheets and
vote summary sheets should be prepared in advance. See Figure 16 - Tally Sheet and Figure
17 - Vote Summary Sheet.
- Election officials should have a clear understanding of their duties at
the ballot tally and decide in advance upon the counting method (call or stack)
to be used. See Figure 18 - Guidelines for Counting
Ballots.
- Election officials should insure that a sufficient number of workers are
available at the tally to count the ballots.
- It is important that all tally teams work in a uniform manner. Outline
the step-by-step counting and voiding procedures to be used, stress the importance
of accuracy, and advise the tally team(s) not to count the ballots in a hurried
manner. See Figure 18 - Guidelines for Counting
Ballots and Figure 19 - Guidelines for Voiding
Ballots.
- Prior to the start of the counting, election officials should explain the
tally procedures that will be used to observers and any others in attendance.
- To the extent possible, challenged ballots should be resolved prior to
the conduct of the tally and decisions about the counting of each challenged
ballot should be announced. Election officials should keep a record of decisions
made regarding challenged ballots, explaining the reason for each decision
to observers. See Figure 14 - Guidelines for Challenged
Ballots.
- Because the atmosphere in the tally room can become noisy and tense, election
officials must maintain order at all times so that tally teams can work efficiently
and can hear the votes being read.
- Election officials should supervise the activities of the tally teams,
make sure that tally materials are properly distributed and collected, and
periodically check with the teams to resolve any problems.
- In order to minimize mistakes, election officials should make sure that
the tally teams are given rest breaks.
- Election officials should safeguard the voted ballots at all times, even
after they have been counted.
- Observers should be advised to direct questions, problems, or objections
to a designated election official.
- Election officials should not permit observers to touch or handle ballots
during the tally.
- In deciding questions of voter intent or voiding, one election official
should be designated as the final judge to insure that ballots are counted
consistently and voided uniformly.
- In order to minimize controversy, election officials may want to adopt
a policy that any race decided by less than a certain number of votes will
automatically be recounted. This may eliminate the need to recount ballots
on a larger scale at a later date.
- One election official should be designated to deal with news media inquiries.
Election officials should not feel pressured during the tally to respond to
requests for election results from the media and should not allow media representatives
to disrupt the ballot tally procedures.
- In the absence of a provision in the unions constitution and bylaws,
the election rules should provide a method of deciding tie votes such as a
runoff election or a coin toss.
- At the end of the tally, election officials should announce the election
results in accordance with the unions constitution and bylaws. See Figure
20 - Ballot Tally Certification.
- Election officials should pack and seal all tally sheets, used and unused
ballots, voter registers, eligibility lists, and other election materials
in boxes. All election records must be kept for at least one year, as required
by federal law.
- Miscounting votes.
- Not voiding ballots consistently.
- Voiding the entire ballot when only one position is in question.
- Failing to account for all used and unused ballots at the end of the ballot
tally.
LMRDA Reference:
Section 401(c) provides that:
Adequate safeguards to insure a fair election shall be provided, including
the right of any candidate to have an observer at the polls and at the
counting of the ballots.
|
Union Constitution Reference:
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Figure 16:
FACTORY WORKERS LOCAL 888
TALLY SHEET
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Figure 17:
FACTORY WORKERS LOCAL 888
VOTE SUMMARY SHEET
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Figure 18:
GUIDELINES FOR COUNTING BALLOTS
Prior to the day of the ballot tally, election officials should prepare
the necessary blank Tally Sheets (Figure 16), Vote
Summary Sheets (Figure 17), and a Ballot Tally Certification
(Figure 20). Election officials should also insure
that the necessary supplies are available at the tally site including
pencils, pens, rubber bands, staplers, tape, and a calculator(s).
Used and unused ballots should be safeguarded at all times before, during,
and after the tally. If the ballot tally is scheduled for a location other
than the polling site or is to begin at a later time, election officials
should seal the ballot box(es) with tape in the presence of observers
and, along with the observers, initial across the tape. The tally of ballots
should begin only after all polling sites have closed.
Election officials should plan the layout of the tally site in advance
and, if necessary, make arrangements to have additional persons available
to help count the ballots, using one or more tally teams. If additional
ballot counters are used, election officials must explain the counting
and voiding procedures to them prior to the start of the tally and closely
monitor each tally team. To prevent confusion, the tally teams should
be positioned far enough apart to avoid hearing each other. Tally teams
should be instructed to set aside any ballots which contain extraneous
marks and those ballots where voter intent is unclear until election officials
can rule on whether a vote for a particular office or an entire ballot
should be counted or voided. (See Guidelines for Voiding Ballots - Figure
19.)
If the election was conducted by mail, election officials must first
verify voter eligibility before opening and counting the ballots. (See
Electing Local Union Officers by Mail at the
end of this Guide.) Prior to the start of counting ballots in either a
mail or polling place election, an election official should explain to
observers and any others in attendance the counting procedures that will
be used. Ballots should be kept in full view of candidate observers at
all times, but only election officials and any others counting ballots
should handle the ballots. Any challenged ballots should be resolved as
soon as possible, but prior to the completion of the tally, if possible,
in order to preserve ballot secrecy. (See Guidelines for Challenged Ballots
- Figure 14.)
As outlined below, election officials generally use one of two different
methods to count ballots. Either the call method or the stack
method is acceptable. Whichever method is used for the ballot tally, election
officials must insure that the ballots are counted accurately, decisions
regarding the voiding of ballots are consistent, and ballots are properly
safeguarded throughout the tally process.
Call Method
The call method, used by most unions, requires three-person tally teams
consisting of a caller and two recorders. The caller reads
the votes on each ballot aloud while the recorders independently mark
the votes for each candidate on tally sheets. Periodically, the two tally
sheets are compared to insure that the recorders agree and the vote totals
for any candidate which do not match are recounted. Step-by-step instructions
for the call method follow:
-
Election officials should open the ballot box in the presence of
observers, remove and unfold all marked ballots, and place them in
bundles of 50 or 100, numbering each bundle #1 of __, #2 of __, etc.,
to insure accuracy and provide a means of control. Any ballots voided
in their entirety should be removed and set aside.
-
A recorder should sit on each side of the caller and put the ballot
bundle number on a Tally Sheet (Figure 16). The
caller should then place the ballots face up on the table and, beginning
at the top of each ballot, read the name of each candidate who received
a vote. As the name of each candidate receiving a vote is called,
each recorder should place a tally mark next to that candidates
name on a tally sheet in groups of five as illustrated below:
Fontana
Dennis
-
If voter intent is unclear for any office(s) on a ballot, election
officials should rule on whether the vote(s) should be counted and,
if so, for which candidate(s).
-
The tally team should continue counting the ballots until the bundle
is completed. At that point, the tally sheets should be closed
and the two recorders should read the number of votes credited to
each candidate and compare the totals.
-
If the recorders vote totals do not agree for any candidate,
the ballots should be recounted, but only for the position where the
discrepancy occurred. This can be done by separating the ballots into
two or more stacks, each representing all of the votes received by
a particular candidate. Each stack should be recounted by each member
of the tally team until there is agreement on the vote totals.
-
After agreement is reached on all vote totals, the tally team should
sign and date the tally sheets. The bundle of ballots which corresponds
to the two completed tally sheets should be wrapped inside those tally
sheets and banded together.
-
The tally team should then begin a new tally sheet for another bundle
of ballots and continue counting in this manner until all bundles
are counted.
-
After ballots are tallied, the tally sheets should be assembled and
the vote totals from each tally sheet transferred to a Vote Summary
Sheet (Figure 17) where grand totals should be
calculated.
-
Election officials should complete the Ballot Tally Certification
(Figure 20) and announce the results for each
office as well as the number of ballots counted, the number of totally
void ballots, and the number of unresolved challenged ballots.
Remember that the total number of ballots counted may not equal
the total votes counted for a specific race since not all voters will
vote for every office and ballots may be voided for certain offices.
-
After the results are announced, all tally sheets, used and unused
ballots, voter registers, eligibility lists, and other election materials
should be packed and sealed in boxes. All election records must be
maintained for at least one year.
Using the call method is most appropriate in elections where several
candidates are running for positions in which more than one candidate
is being elected (such as eight candidates running for three Trustee
positions). However, this method can be more time-consuming than the
stack method.
Stack Method
The most effective way to count ballots is the stack method, a system
in which two-person teams count ballots by separating them into stacks
based on the votes cast for each officer position. This tally procedure
is very accurate and significantly faster and more efficient than the
call method. For these reasons, the stack method is recommended by OLMS.
Step-by-step instructions for the stack method follow:
-
Election officials should open the ballot box in the presence of
observers, remove and unfold all marked ballots, and place them in
bundles of 50 or 100, numbering each bundle #1 of __, #2 of __, etc.,
to insure accuracy and provide a means of control. Any ballots voided
in their entirety should be removed and set aside.
-
Election officials should determine the first race to be counted,
usually the office of President. The counting should be done by two
person teams. Each tally team should take one bundle of ballots, record
the bundle number on the tally sheet, and divide the ballots into
separate stacks based on the votes cast for each candidate for the
office of President.
-
If voter intent is unclear for any office(s) on a ballot, election
officials should rule on whether the vote(s) should be counted and,
if so, for which candidate(s).
-
After all the ballots in the bundle are separated, the stacks for
each candidate should be counted by each team member who should also
verify that the votes in each stack are all for the same candidate.
If the team members vote totals do not agree, each stack should
be recounted and the agreed-upon vote totals for each candidate entered
on a tally sheet. The number of ballots voided for that office and
the number of ballots which contained no vote for that office should
also be noted on the tally sheet. (The total of all valid votes, voids,
and no votes should equal the total number of ballots in the bundle.)
-
After all votes for the first office are counted, the stacking procedure
should be repeated by the tally team for the next office on the ballot.
The ballot tally should continue until the votes are counted for each
office on the ballots in that bundle.
-
When all ballots in the bundle are counted for each office, the tally
team should sign and date the tally sheet. The bundle of ballots which
corresponds to the completed tally sheet should be wrapped inside
the tally sheet and banded together.
-
The tally team should then begin a new tally sheet for another bundle
of ballots and continue counting in this manner until all bundles
are counted.
-
After ballots are tallied, the tally sheets should be assembled and
the vote totals from each tally sheet transferred to a Vote Summary
Sheet (Figure 17) where grand totals should be
calculated.
-
Election officials should complete the Ballot Tally Certification
(Figure 20) and announce the results for each
office as well as the number of ballots counted, the number of totally
void ballots, and the number of unresolved challenged ballots.
Remember that the total number of ballots counted may not equal
the total votes counted for a specific race since not all voters will
vote for every office and ballots may be voided for certain offices.
-
After the results are announced, all tally sheets, used and unused
ballots, voter registers, eligibility lists, and other election materials
should be packed and sealed in boxes. All election records must be
maintained for at least one year.
The stack method is particularly efficient in elections which have slate
voting or a small number of candidates. If fewer than 500 ballots were
cast, election officials may choose to count all ballots at once rather
than in bundles.
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Figure 19:
GUIDELINES FOR VOIDING BALLOTS
In union officer elections, questions often arise at the
tally of ballots concerning whether an individual vote for a particular
office or an entire ballot should be voided. (See Guidelines for Counting
Ballots - Figure 18) A voter may have marked more
than one box for a given office, crossed out or erased a mark, or marked
the ballot in such a way that his or her intent is unclear. Observers
may challenge the way the ballot is marked or election officials themselves
may have questions about a voters intent with respect to a particular
office. It is the responsibility of election officials to decide whether
a vote for a particular office or an entire ballot should be counted or
voided.
Most importantly, election officials decisions regarding
voter intent and voiding ballots must be uniform and consistent. To achieve
this, election officials should discuss ballot voiding rules prior to
the tally. Usually, one election official should be designated as the
final judge in these decisions to insure that ballots are counted consistently
and voided uniformly.
As a general rule, every vote on a valid ballot should be
counted if the voter's intent is clear no matter what mark ("X," "filled-in
box," "checkmark," etc.) is used to indicate his or her choice. Election
officials should count a vote even if the mark strays outside the box
next to a candidates name. In the absence of specific union rules,
marks which do not identify the voter should not cause a ballot to be
voided and erasures or crossouts should not cause a vote for
a particular office to be voided if the intent of the voter is clear.
Election officials must void a ballot in its entirety if it contains any
marks which identify the voter.
To void ballots properly, OLMS recommends the following
procedures:
- During the tally process, ballots which are voided in their entirety
should be marked "void" on the front and initialed by election officials
using a distinctive color ink pen. A brief description of the reason
for voiding the ballot (no votes for any candidate, identifying marks,
etc.) should be written on the back of the voided ballot. All totally
void ballots should be placed in a separate envelope.
- If voter intent is not clear for any office or if too many candidates
have been selected for one or more positions, election officials should
void only the particular office involved by lining through the boxes
for that office and marking "void" and their initials next to the position
being voided.
- If a voter fails to vote for any candidate for a position, election
officials should insure that no one can mark the ballot at a later time
by lining through the boxes next to the candidates' names and marking
"void" and their initials next to the position.
- If election officials rule on the question of voter intent for one
or more positions on a ballot, they should circle the name of the candidate
being awarded the vote and place their initials next to the position.
This will insure that the vote will be counted for the same candidate
in case of a recount.
Election officials should recognize that decisions about voiding ballots
are often close calls which require judgment and impartiality. These decisions
may affect the outcome of a given race and can become the subject of heated
disputes. By establishing ballot voiding rules and procedures in advance
and following these rules uniformly, election officials can minimize controversy
at the ballot tally and reduce the need for recounts.
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Figure 20:
BALLOT TALLY CERTIFICATION
Election officials are responsible for providing a full accounting of
the ballots cast in the election and announcing the results of the election
to the membership. The sample Ballot Tally Certification below, which
includes a ballot recap and the election results, can be used to fulfill
both of these purposes.
To account for all ballots cast in the election, officials should enter
the number of valid ballots counted, the number of totally void ballots,
and the number of unresolved challenged ballots in the Ballot Recap section
of the Ballot Tally Certification. Added together these three entries
should equal the total number of ballots cast in the election. Election
officials should also enter vote totals for each candidate in the Election
Results section, entering "None" where appropriate. Before entering the
tally results, election officials should double check the figures with
vote totals on the tally sheets and the vote summary sheet for accuracy.
Election officials should sign the Ballot Tally Certification and request
observers to sign in the appropriate spaces. However, observers are not
required to sign the certification if they choose not to do so.
Election officials may wish to post copies of the completed certification
at the union hall and the work site(s), give copies to candidates, and
provide a copy to union officials when making their final report on the
election. The original certification should be kept by the union with
the ballots and other election records for at least one year, as required
by federal law.
FACTORY WORKERS LOCAL 888 - BALLOT
TALLY CERTIFICATION
|
Date of Election:______________________
|
Tally Location:_______________________
|
The undersigned acted as Election Officials or Observers at the
tally of the ballots cast in the above-referenced election. We certify
that the ballot tally was fairly and accurately conducted, the secrecy
of the ballots was maintained, and that the election results were
as indicated below.
|
BALLOT RECAP
|
|
|
Number of Ballots
|
|
Valid Ballots Counted:
|
|
|
Totally Void Ballots:
|
|
|
Unresolved Challenged Ballots:
|
|
|
Total Ballots Cast:
|
|
ELECTION RESULTS
|
|
|
Office
|
Candidate Name
|
Number of Votes
|
|
|
|
President
|
Josephine "Joey" Mintor
Manny Gonzalez
Jack Roberts
|
_____________
_____________
_____________
|
Vice
President
|
Bill Simmons
Tammy Pinski
|
_____________
_____________
|
Secretary-Treasurer
|
Betsy Fontana
David R. Dennis
|
_____________
_____________
|
Recording
Secretary
|
Bill Palmer
Chris Jenkins
|
_____________
_____________
|
Executive
Board Member
(3
positions)
|
Jeff Barnes, Jr.
Lois Lawson
Ruth Smith
Jane Adkins
Richard "Dallas" Riker
|
_____________
_____________
_____________
_____________ _____________
|
OBSERVERS
|
ELECTION OFFICIALS
|
______________________________
|
______________________________
|
______________________________
|
______________________________
|
______________________________
|
______________________________
|
______________________________
|
______________________________
|
|
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The election is finally over! You worked hard and learned a lot about election
procedures as well as human nature. Although you may be pleased with the job
that you and the other election officials did, you may have heard rumors that
some losing candidates or their supporters are going to file a protest about
some of the election procedures used or the decisions that you made during the
conduct of the election. Dont take this personally. Keep in mind that
election problems can and do occur. If a formal protest is filed, your job as
an election official may not be over if your unions constitution and bylaws
provide for election officials to rule on the merits of any protests raised
by candidates or members regarding the election.
No figures are available on the number of union officer elections which are
challenged each year, but most of these protests are resolved by unions through
their internal appeal processes. The Department of Labor (DOL) - Office of Labor-Management
Standards (OLMS) receives approximately 180 union officer election complaints
annually from members whose internal union protests have not been resolved to
their satisfaction. These complaints cover a broad range of allegations concerning
nomination and election procedures. Based on experience in investigating election
complaints since 1960, OLMS has found that the following are the six most common
reasons why union officer elections are challenged:
- use of union or employer funds, facilities, equipment, or supplies to support
a candidate
- non-uniform application of candidate eligibility requirements
- denying eligible members the right to vote or permitting ineligible persons
to vote
- lack of secret ballot
- failure to provide adequate safeguards to insure a fair election, including
failure to safeguard ballots properly
- failure to follow provisions of the unions constitution and bylaws
Most of these six reasons for election protests can be eliminated by careful
planning and by following the requirements and suggestions in this Guide. Nevertheless,
problems can occur even for the most knowledgeable and conscientious election
officials who can be faced with an election protest based on circumstances beyond
their control. Also remember that some allegations raised in election protests
may have no merit and others, while perhaps technical violations
of federal law, may have had no effect on the outcome of the election.
If a protest is filed concerning the election, you and the other election officials
may be called upon to play an important role in deciding its merits and determining
whether any corrective action, such as conducting a rerun election, should be
taken. This responsibility may be difficult since you need to remain totally
impartial while gathering and analyzing information which may be critical of
your actions as an election official. At this time it will be necessary for
you to keep your emotions under control, refrain from entering into arguments
or debates with the complaining parties, and above all recognize that your responsibility
to the membership is not yet complete. Remember that the right to protest the
conduct of an election is guaranteed by federal law and is probably included
in your unions constitution and bylaws as well.
The past practice of your union and provisions in its constitution and bylaws
will determine your specific role in dealing with an election protest. Your
responsibility may be very limited and require only that you provide information
and election records to others (usually parent or intermediate body officials)
assigned to handle the protest. On the other hand, you may be called upon to
actively review the allegations, decide their merits, and prepare a report of
your findings and recommendations for the membership. If the matter is appealed
to a higher union body, you may be required to appear at a hearing or similar
fact-finding proceeding to provide information about the conduct of the election
and/or your handling of the election protest.
If you as an election official have a role in resolving an election protest,
one of the first steps that you should take is to closely review those provisions
of your constitution and bylaws which deal with election protests. Many unions
require that certain actions be carried out within a specific time frame by
any candidate or member who wishes to challenge an officer election. For example,
a complaining member may have to file a written protest to election officials
within 10 days after the election, stating the specific reasons for the protest.
Election officials may also be required to respond to an election protest within
a specified time period. You should closely follow the protest procedures and
time frames in your unions constitution and bylaws. To avoid misunderstandings,
you should also request that any oral protests to election officials be put
in writing. Any questions concerning the proper method for protesting the election
should be directed to your unions parent body.
After confirming that a member has followed the unions required protest
procedures, election officials should review the allegations raised in the protest
and discuss what information will be needed to resolve the protest. You should
realize that in some instances a member may raise an allegation which even if
true is not an election irregularity. In such cases election officials may decide
that they do not have to pursue the allegation further. However, in most instances
you will probably need to take further action (such as reviewing union records
or talking to individuals who can provide necessary information) in order to
resolve the protest. For guidance on resolving election allegations, see Seven
Steps for Resolving Protests below.
While carrying out your responsibilities in connection with an election protest,
you should take notes and keep them along with copies of any pertinent correspondence
or other records. These records will be important in developing your findings
and recommendations and will serve to refresh your memory if you are asked to
explain your decisions at a later time. Again, remember that it is important
for election officials to work as a team to handle and resolve any election
protests.
Election officials should generally follow seven steps in resolving each election
allegation that is properly raised. As an example, if a protest alleged that
retired members were improperly allowed to vote, the election officials should:
1. Review the election protest thoroughly to decide what information
is needed to resolve the allegation that retired members were improperly allowed
to vote.
2. Talk to the protesting member in order to clearly understand the
allegation and to obtain any specific information needed, such as the names
of any individuals who allegedly should not have been permitted to vote and
the reasons they should not have voted.
3. Review the constitution/bylaws and the election rules to determine
the voting status and rights of retired members.
4. Review election records, such as the voter eligibility list and voter
register, to determine if the retired members cited by the protesting member
and any other retired members actually voted in the election.
5. Interview members and other persons, as necessary, such as the employer
or the retired members themselves, to verify retirement dates of the retired
members alleged to be ineligible to vote.
6. Decide if the allegation is true by reviewing all the information
gathered by the election officials and discussing the findings as a team.
7. Determine how many votes may have been affected if the allegation is
true, which in this example would be the total number of retired members
who improperly voted in the election.
These seven basic steps can be used to resolve any allegations which may be
raised during the course of the nomination and election process as well as any
protests filed after the election is over. However, election officials should
recognize that it may not be necessary to complete each of the seven steps in
order to resolve every issue. What is most important is for election officials
to obtain and rely on the facts, not speculation, hearsay, or rumors. At this
stage your role is that of a fact finder and you must determine if an allegation
is true.
After all allegations have been reviewed and the facts determined, election
officials must decide what action is appropriate. If an allegation has no merit,
no corrective action is necessary and election officials should deny the protest.
Any allegation which has merit should be closely analyzed to determine the number
of votes affected and the possible impact on the election results. For example,
if 16 ineligible retired members voted, then 16 votes were affected. Consequently,
any race decided by 16 or fewer votes should be rerun. Of course, many times
the impact of a specific irregularity on election results is not as easy to
measure as in this example. Two points should be stressed: 1) since it is unfair
to force winning candidates to undergo a rerun election without a substantial
reason, the impact of any irregularity on the election results must be carefully
considered before a decision is made to rerun the election and 2) if an irregularity
affects only one race or some races, only the affected race(s) should be rerun.
Election officials should notify the protesting member of their decision in
writing regardless of whether a protest is denied or a decision is made to rerun
the election or take other corrective action. If a protest is denied, election
officials should also advise the protesting member of the basis for the decision
and the procedures and time limits in the constitution and bylaws that must
be followed to appeal the decision, such as an appeal to the parent body president
or executive board.
Decisions about how to remedy election irregularities and whether to rerun
elections are often difficult and may involve many different factors. You may
also feel pressured by time deadlines or by candidates from both sides who want
a favorable decision. Election officials should seek advice from parent body
union officials or OLMS as necessary.
If a rerun election does become necessary, the same procedures and requirements
which applied to the initial election should be followed. Of course, special
precautions should be taken to insure that the problems which caused the need
for the rerun do not happen again.
A union member has the right under federal law to file a complaint with OLMS
regarding the conduct of a union officer election within one calendar month
after meeting certain conditions. Before filing an election complaint with OLMS,
a member must have either exhausted internal remedies within the union or pursued
them for three months without obtaining a final decision from the union.
Therefore, a union always has the first opportunity to review and resolve any
officer election protests while the government (OLMS) is in essence the last
resort the final appeal for a complaining candidate or member.
If a timely election complaint is filed with OLMS, an OLMS investigator will
examine the allegations which the complaining member made to the union and generally
follow the same seven steps suggested earlier for resolving a protest. The investigator
also acts as a fact finder and will review provisions of your unions constitution
and bylaws and any other union election rules; interview the complaining member(s),
union officers, and others; and review nomination and election notices, eligibility
lists, ballots, tally sheets, and other election records.
In most cases the investigator will also talk to election officials since they
have the most knowledge about the procedures used in the election. Any information
which you can provide, including notes and copies of election materials, as
well as your viewpoint, will be very helpful in resolving the complaint. If
any problems occurred, explain to the OLMS investigator what happened and why.
We realize that unintentional mistakes are sometimes made and that some factors
may have been beyond your control. Nevertheless, it is the responsibility of
OLMS to determine if the election was conducted in accordance with the requirements
outlined in Title IV of the LMRDA.
In order to resolve election controversies in a timely manner, OLMS is required
by the LMRDA to complete its investigation promptly. If an investigation discloses
unremedied violations of the LMRDA which may have affected the outcome of the
election, OLMS will attempt to remedy the violations through voluntary compliance
by the union. Corrective action may include rerunning all or a portion of the
challenged election under OLMS supervision or, in some cases, installing properly
elected officers. If necessary, OLMS may file suit to have a federal district
court set aside the challenged election and order a new election under OLMS
supervision.
Your cooperation and assistance in any OLMS investigation will help resolve
your unions election dispute, minimize government involvement in your
unions affairs, and allow your union to get back to its normal day-to-day
operations as quickly as possible.
Now that your election responsibilities are finished, we would like to
say thanks. In your role as an election official, you have
made a valuable contribution to union democracy and have completed a difficult
job, perhaps under trying circumstances. When your union selects new election
officials to conduct its next election of officers, please share your
experiences with them, provide advice about the best way to run the election,
and recommend that this Guide be used.
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(29 U.S.C. 481)
Sec. 401. (a) Every national or international labor
organization, except a federation of national or international labor organizations,
shall elect its officers not less often than once every five years either by
secret ballot among the members in good standing or at a convention of delegates
chosen by secret ballot.
(b) Every local labor organization shall elect its officers
not less often than once every three years by secret ballot among the members
in good standing.
(c) Every national or international labor organization,
except a federation of national or international labor organizations, and every
local labor organization, and its officers, shall be under a duty, enforceable
at the suit of any bona fide candidate for office in such labor organization
in the district court of the United States in which such labor organization
maintains its principal office, to comply with all reasonable requests of any
candidate to distribute by mail or otherwise at the candidates expense
campaign literature in aid of such persons candidacy to all members in
good standing of such labor organization and to refrain from discrimination
in favor of or against any candidate with respect to the use of lists of members,
and whenever such labor organizations or its officers authorize the distribution
by mail or otherwise to members of campaign literature on behalf of any candidate
or of the labor organization itself with reference to such election, similar
distribution at the request of any other bona fide candidate shall be made by
such labor organization and its officers, with equal treatment as to the expense
of such distribution. Every bona fide candidate shall have the right, once within
30 days prior to an election of a labor organization in which he is a candidate,
to inspect a list containing the names and last known addresses of all members
of the labor organization who are subject to a collective bargaining agreement
requiring membership therein as a condition of employment, which list shall
be maintained and kept at the principal office of such labor organization by
a designated official thereof. Adequate safeguards to insure a fair election
shall be provided, including the right of any candidate to have an observer
at the polls and at the counting of the ballots.
(d) Officers of intermediate bodies, such as general
committees, system boards, joint boards, or joint councils, shall be elected
not less often than once every four years by secret ballot among the members
in good standing or by labor organization officers representative of such members
who have been elected by secret ballot.
(e) In any election required by this section which is
to be held by secret ballot a reasonable opportunity shall be given for the
nomination of candidates and every member in good standing shall be eligible
to be a candidate and to hold office (subject to section 504 and to reasonable
qualifications uniformly imposed) and shall have the right to vote for or otherwise
support the candidate or candidates of his choice, without being subject to
penalty, discipline, or improper interference or reprisal of any kind by such
organization or any member thereof. Not less than fifteen days prior to the
election notice thereof shall be mailed to each member at his last known home
address. Each member in good standing shall be entitled to one vote. No member
whose dues have been withheld by his employer for payment to such organization
pursuant to his voluntary authorization provided for in a collective bargaining
agreement shall be declared ineligible to vote or be a candidate for office
in such organization by reason of alleged delay or default in the payment of
dues. The votes cast by members of each local labor organization shall be counted,
and the results published, separately. The election officials designated in
the constitution and bylaws or the secretary, if no other official is designated,
shall preserve for one year the ballots and all other records pertaining to
the election. The election shall be conducted in accordance with the constitution
and bylaws of such organization insofar as they are not inconsistent with the
provisions of this title.
(f) When officers are chosen by a convention of delegates
elected by secret ballot, the convention shall be conducted in accordance with
the constitution and bylaws of the labor organization insofar as they are not
inconsistent with the provisions of this title. The officials designated in
the constitution and bylaws or the secretary, if no other is designated, shall
preserve for one year the credentials of the delegates and all minutes and other
records of the convention pertaining to the election of officers.
(g) No moneys received by any labor organization by
way of dues, assessment, or similar levy, and no moneys of an employer shall
be contributed or applied to promote the candidacy of any person in an election
subject to the provisions of this title. Such moneys of a labor organization
may be utilized for notices, factual statements of issues not involving candidates,
and other expenses necessary for the holding of an election.
(h) If the Secretary, upon application of any member
of a local labor organization, finds after hearing in accordance with the Administrative
Procedure Act that the constitution and bylaws of such labor organization do
not provide an adequate procedure for the removal of an elected officer guilty
of serious misconduct, such officer may be removed, for cause shown and after
notice and hearing, by the members in good standing voting in a secret ballot
conducted by the officers of such labor organization in accordance with its
constitution and bylaws insofar as they are not inconsistent with the provisions
of this title.
(i) The Secretary shall promulgate rules and regulations
prescribing minimum standards and procedures for determining the adequacy of
the removal procedures to which reference is made in subsection (h).
(29 U.S.C. 482)
Sec. 402. (a) A member of a labor organization
(1) who has exhausted the remedies available under the
constitution and bylaws of such organization and of any parent body, or
(2) who has invoked such available remedies without
obtaining a final decision within three calendar months after their invocation,
may file a complaint with the Secretary within one calendar month thereafter
alleging the violation of any provision of section 401 (including violation
of the constitution and bylaws of the labor organization pertaining to the election
and removal of officers). The challenged election shall be presumed valid pending
a final decision thereon (as hereinafter provided) and in the interim the affairs
of the organization shall be conducted by the officers elected or in such other
manner as its constitution and bylaws may provide.
(b) The Secretary shall investigate such complaint and,
if he finds probable cause to believe that a violation of this title has occurred
and has not been remedied, he shall, within sixty days after the filing of such
complaint, bring a civil action against the labor organization as an entity
in the district court of the United States in which such labor organization
maintains its principal office to set aside the invalid election, if any, and
to direct the conduct of an election or hearing and vote upon the removal of
officers under the supervision of the Secretary and in accordance with the provisions
of this title and such rules and regulations as the Secretary may prescribe.
The court shall have power to take such action as it deems proper to preserve
the assets of the labor organization.
(c) If, upon a preponderance of the evidence after a
trial upon the merits, the court finds--
(1) that an election
has not been held within the time prescribed by section 401, or
(2) that the violation
of section 401 may have affected the outcome of an election,
the court shall declare the election, if any, to be void and direct the conduct
of a new election under supervision of the Secretary and, so far as lawful and
practicable, in conformity with the constitution and bylaws of the labor organization.
The Secretary shall promptly certify to the court the names of the persons elected,
and the court shall thereupon enter a decree declaring such persons to be the
officers of the labor organization. If the proceeding is for the removal of
officers pursuant to subsection (h) of section 401, the Secretary shall certify
the results of the vote and the court shall enter a decree declaring whether
such persons have been removed as officers of the labor organization.
(d) An order directing an election, dismissing a complaint,
or designating elected officers of a labor organization shall be appealable
in the same manner as the final judgment in a civil action, but an order directing
an election shall not be stayed pending appeal.
(29 U.S.C. 483)
Sec. 403. No labor organization shall be required by
law to conduct elections of officers with greater frequency or in a different
form or manner than is required by its own constitution or bylaws, except as
otherwise provided by this title. Existing rights and remedies to enforce the
constitution and bylaws of a labor organization with respect to elections prior
to the conduct thereof shall not be affected by the provisions of this title.
The remedy provided by this title for challenging an election already conducted
shall be exclusive.
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(29 U.S.C. 504)
Sec. 504. (a) No person who is or has been a member
of the Communist Party* or who has been convicted
of, or served any part of a prison term resulting from his conviction of, robbery,
bribery, extortion, embezzlement, grand larceny, burglary, arson, violation
of narcotics laws, murder, rape, assault with intent to kill, assault which
inflicts grievous bodily injury, or a violation of title II or III of this Act,
any felony involving abuse or misuse of such persons position or employment
in a labor organization or employee benefit plan to seek or obtain an illegal
gain at the expense of the members of the labor organization or the beneficiaries
of the employee benefit plan, or conspiracy to commit any such crimes or attempt
to commit any such crimes, or a crime in which any of the foregoing crimes is
an element, shall serve or be permitted to serve
(1) as a consultant or adviser
to any labor organization,
(2) as an officer, director,
trustee, member of any executive board or similar governing body, business agent,
manager, organizer, employee, or representative in any capacity of any Labor
organization,
(3) as a labor relations consultant
or adviser to a person engaged in an industry or activity affecting commerce,
or as an officer, director, agent, or employee of any group or association of
employers dealing with any labor organization, or in a position having specific
collective bargaining authority or direct responsibility in the area of labor-management
relations in any corporation or association engaged in an industry or activity
affecting commerce, or
(4) in a position which entitles
its occupant to a share of the proceeds of, or as an officer or executive or
administrative employee of, any entity whose activities are in whole or substantial
part devoted to providing goods or services to any labor organization, or
(5) in any capacity, other than
in his capacity as a member of such labor organization, that involves decisionmaking
authority concerning, or decisionmaking authority over, or custody of, or control
of the moneys, funds, assets, or property of any labor organization,
during or for the period of thirteen years after such conviction or after the
end of such imprisonment, whichever is later, unless the sentencing court on
the motion of the person convicted sets a lesser period of at least three years
after such conviction or after the end of such imprisonment, whichever is later,
or unless prior to the end of such period, in the case of a person so convicted
or imprisoned, (A) his citizenship rights, having been revoked as a result of
such conviction, have been fully restored, or (B) if the offense is a Federal
offense, the sentencing judge or, if the offense is a State or local offense,
the United States district court for the district in which the offense was committed,
pursuant to sentencing guidelines and policy statements under section 994(a)
of title 28, United States Code, determines that such persons service
in any capacity referred to in clauses (1) through (5) would not be contrary
to the purposes of this Act. Prior to making any such determination the court
shall hold a hearing and shall give notice of such proceeding by certified mail
to the Secretary of Labor and to State, county, and Federal prosecuting officials
in the jurisdiction or jurisdictions in which such person was convicted. The
courts determination in any such proceeding shall be final. No person
shall knowingly hire, retain, employ, or otherwise place any other person to
serve in any capacity in violation of this subsection.
(b) Any person who willfully violates this section shall
be fined not more than $10,000 or imprisoned for not more than five years, or
both.
(c) For the purpose of this section
(1) A person shall
be deemed to have been convicted and under the disability of conviction
from the date of the judgment of the trial court, regardless of whether that
judgment remains under appeal.
(2) A period of
parole shall not be considered as part of a period of imprisonment.
(d) Whenever any person
(1) by operation
of this section, has been barred from office or other position in a labor organization
as a result of a conviction, and
(2) has filed an
appeal of that conviction,
any salary which would be otherwise due such person by virtue of such office
or position, shall be placed in escrow by the individual employer or organization
responsible for payment of such salary. Payment of such salary into escrow shall
continue for the duration of the appeal or for the period of time during which
such salary would be otherwise due, whichever period is shorter. Upon the final
reversal of such persons conviction on appeal, the amounts in escrow shall
be paid to such person. Upon the final sustaining of such persons conviction
on appeal, the amounts in escrow shall be returned to the individual employer
or organization responsible for payments of those amounts. Upon final reversal
of such persons conviction, such person shall no longer be barred by this
statute from assuming any position from which such person was previously barred.
_______________________
* The U.S. Supreme Court on June
7, 1965, held unconstitutional as a bill of attainder the section 504 provision
which imposes criminal sanctions on Communist Party members for holding union
office (U.S. v. Brown, 381 U.S. 437, 85 S. Ct. 1707).
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This checklist has been developed by the Office of Labor-Management Standards
(OLMS) to help election officials conduct union officer elections in accordance
with the requirements of the Labor- Management Reporting and Disclosure Act
of 1959, as amended. Organized chronologically, the checklist is designed to
serve as a reminder of the various tasks which should be completed during the
nomination and election process, including polling place procedures. If your
union elects its officers by mail ballot or allows absentee ballots, election
officials should also read Electing Local Union Officers
by Mail for information and practical suggestions on how to conduct
your union's election properly, using a double envelope system to insure ballot
secrecy.
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Review the union's constitution and bylaws as well as any other union
election rules for information regarding nomination procedures, candidate
qualifications, and voter eligibility requirements. Remember that elections
must be conducted in accordance with provisions of your union's constitution
and bylaws as long as they are not inconsistent with federal law.
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Contact current officers to find out how your union's most recent election
was conducted and if any problems occurred. Also obtain copies of prior
notices, ballots, tally sheets, and other records to use as models in
the upcoming election.
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Meet with the other election officials to establish election and campaign
rules, develop a general timetable which allows adequate time for each
stage of the election, and discuss specific election duties.
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Select a polling site(s) and schedule polling hours which will provide
all members a reasonable opportunity to vote. If the voting will take
place on employer property, contact the employer to obtain approval.
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Contact your union's parent body or one of the OLMS
offices if questions arise about any nomination or election requirements.
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Prepare a nomination notice that specifies the date, time, and place
for submitting nominations and the offices to be filled (and identifies
any offices for which the officer is a delegate by virtue of election
to office). If appropriate, the nomination notice should also include
the term of office, instructions for making, seconding, and accepting
nominations, and eligibility requirements for candidates and nominators.
A union may use a combined nomination and election notice as long as it
is mailed to every member and includes all required information.
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Post and/or mail the nomination notice to all members in enough time
to allow a reasonable opportunity for nominating candidates. Take steps
to notify sick, laid-off, or other nonworking members who may be eligible
to nominate candidates but who might not see a notice posted only at the
work site(s) or union hall.
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Keep an accurate record of all nominations made including the names of
nominators, members who second nominations, and the nominees and positions
for which they were nominated.
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Check the eligibility of nominators (and members who second nominations)
at the nomination meeting if your union requires them to be in good standing.
Allow another member the opportunity to make the nomination if the original
nominator is not in good standing.
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Determine the eligibility of all nominees and obtain nomination acceptances
or declinations from each nominee. All candidate eligibility requirements
must be set forth in writing in the union's constitution and bylaws and
must be applied uniformly to all candidates.
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Notify all eligible candidates of their nomination and request the preferred
listing of each candidate's name or nickname on the ballot in accordance
with the election rules. Advise any ineligible candidates in writing of
the specific reason(s) for their disqualification.
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Notify candidates (in writing or by holding a meeting) of all election
and campaign rules including the right to inspect the union's membership
list, the right to have the union distribute campaign literature to members
at each candidate's expense, and the right to have observers at the polling
place and the tally of ballots.
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Advise candidates and current officers about the prohibition against
the use of union and employer funds (including cash, facilities, equipment,
supplies, and campaigning on time paid for by the union or employer) to
support any person's candidacy in a union officer election.
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Allow candidates to inspect (not copy), once within 30 days before the
election, a list of all members subject to a collective bargaining agreement
which requires union membership as a condition of employment.
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Make arrangements to comply with all reasonable requests by a candidate
to distribute campaign literature to members at the candidate's expense.
If necessary, the union should employ additional temporary staff or a
professional mailer to handle requests.
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Treat all candidates equally. For example, if any candidate is allowed
to give a campaign speech at a union meeting or publish an article in
the union's newspaper, all candidates for that position should be advised
of and given the same opportunity.
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Update the union membership address list; remind members of the upcoming
election through notices posted at the work site(s) or in the union newspaper
and solicit any address changes.
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Prepare an election notice that specifies the offices to be filled and
the date, time, and place of the election. If appropriate, the election
notice should also include voter eligibility requirements, voter identification
procedures, and information regarding absentee balloting.
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Mail an election notice to every member at his or her last known home
address at least 15 days prior to the election as required by federal
law. Also post copies of the notice at the work site(s) and the union
hall in an effort to reach members who may not receive the mailed notice.
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Determine each candidate's position on the ballot in accordance with
your union's election rules.
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Arrange for ballots to be printed and for the printer to provide an official
count.
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Check the ballot carefully before and after printing for accuracy. Insure
that each candidate's preferred name is used and correctly spelled, each
office indicates the correct number of positions to be filled, and each
candidate is listed for the proper office in the correct order.
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Maintain custody of and safeguard all ballots and be able to account
for all ballots printed.
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Prepare an accurate voter eligibility list for use at the polls and update
it, if necessary, immediately prior to the election.
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Establish challenged ballot rules (including the use of a double envelope
system) for those persons whose voter eligibility is questioned at the
polls.
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Inspect the polling site prior to election day. Plan how to best use
the voting area, including the location of the registration tables, voting
booths, ballot box, and observer area.
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Obtain a sufficient number of voting booths, partitions, or other dividers
to provide a place for members to mark their ballots in secret.
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Plan for the tally of ballots and determine the counting and voiding
procedures to be used. Prepare tally sheets to be used at the ballot count.
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Insure that adequate information to verify voter eligibility and necessary
equipment and supplies (including ballots and ballot box, voting booths/partitions,
pencils, voter register, rubber bands, tape, etc.) are available at the
polling site.
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Permit each candidate to have an observer(s) at the polls. Allow observers
to monitor (but not disrupt) the election process and challenge the eligibility
of any voter.
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Confirm that the ballot box is empty and seal it in the presence of observers
before the polls open.
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Insure that any voting machines used are operating properly, that all
candidates are listed correctly, and that the machine counters are set
at zero. Be sure to have a supply of paper ballots on hand if machines
break down or it becomes necessary to use challenged ballots.
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Open the polls at the scheduled time and follow the polling hours listed
in the election notice.
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Require voters to identify themselves and sign a voter register before
being issued a ballot by election officials.
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Check the eligibility of each voter and take steps to make sure that
a member can only vote once by marking each voter's name off the eligibility
list.
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Do not issue ballots to voters until a voting booth or other private
space is available and insist that voters cast their ballots in secret.
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Provide a replacement ballot to any voter who spoils a ballot while voting.
Maintain custody of all spoiled ballots and account for them at the completion
of the ballot tally.
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Allow only election officials, voters, and observers in the polling area.
Insure that election officials and observers do not wear campaign buttons,
stickers, or other campaign apparel, and do not engage in any type of
campaigning in the polling area.
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Maintain order at the polls at all times. Check the voting area periodically
and remove any campaign material left behind by voters. Enforce a "no
loitering" rule and establish an exit route for persons who have already
voted.
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Establish procedures to provide assistance on an impartial basis to physically
impaired or foreign language speaking voters.
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Close the polls on time but permit members in line at closing time to
vote.
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Account for all ballots used at the polling site including any spoiled
and sample ballots. The number of ballots printed minus the number of
ballots issued to members should equal the number of unused ballots.
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Begin the ballot tally only after all polls are closed.
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Open the ballot box in the presence of observers. Direct ballot counters
to unfold ballots and place them in stacks of 50 or 100 in order to obtain
the total number of ballots cast and to insure accuracy during the actual
vote count.
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Allow observers to watch the counting and other related activities closely
enough to verify the accuracy of the tally. However, observers should
not be permitted to handle the ballots.
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Attempt to resolve any challenged ballots at the start of the tally.
Keep a record of decisions made and explain the reason for each voter
eligibility decision to observers. Mix in challenged ballots resolved
as eligible with other ballots not yet counted to preserve secrecy.
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Count the votes on each ballot and enter the results on tally sheets,
stopping at the end of each stack of 50 or 100 ballots to verify vote
totals for each candidate.
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Void the entire ballot if it contains information identifying the voter.
Void only the particular office involved if voter intent is not clear
or if too many candidates have been selected for an office.
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Announce the tally results for each office. Report the number of valid
ballots counted, the number of totally void ballots, and the number of
unresolved challenged ballots.
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Pack and seal in boxes all used and unused ballots, tally sheets, voter
registers, voter eligibility lists, and other election materials upon
completion of the tally.
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Publish and post the election results promptly.
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Maintain all nomination and election records for at least one year as
required by federal law.
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If you have any questions about the election procedures outlined
in this checklist or wish to obtain additional information about union officer
elections or other requirements of the Labor-Management Reporting and Disclosure
Act of 1959, as amended, contact the nearest
OLMS field office.
back to table of contents
This pamphlet has been developed by the Office of Labor-Management Standards
(OLMS) to help election officials conduct union officer elections by mail in
accordance with the requirements of the Labor-Management Reporting and Disclosure
Act of 1959, as amended. Many unions conduct officer elections by mail because
their members are dispersed over a wide geographic area making travel to polling
sites difficult. In addition, some unions that conduct their elections at polling
places also allow absentee voting by mail.
If questions arise about mail balloting procedures or other election requirements
not covered in this pamphlet (such as nomination procedures, candidate eligibility,
and campaign rights and restrictions), election officials should contact the
union's parent body or one of the OLMS
offices.
If your union conducts its election at a polling site, election officials should
read the OLMS pamphlet Checklist for Conducting Local
Union Officer Elections which is designed to serve as a reminder of
the various tasks which should be completed during the nomination and election
process.
- Develop a time schedule for each step of the mail ballot election (ballot
printing, mailing, return deadline, and counting) which allows adequate time
for completing each phase. As a general rule, allow 3 to 4 weeks for members
to mark and return their ballots.
- Establish a date and time by which voted ballots must be received in order
to be counted and clearly announce this deadline in the voting instructions.
Do not use a postmark date for the ballot return deadline date because a significant
percentage of mail is not postmarked.
- Update the union's membership address list to insure that the address for
each member is correct. Review the union's most recent mailing to all members
to determine if any pieces of mail were returned undelivered, make a list
of members for whom new addresses are needed, and attempt to obtain updated
addresses for those members.
- Arrange with postal officials for a special restricted-access post office
box to be used solely for the receipt and storage of voted ballots. Do not
use the union's regular post office box or union office for the receipt of
voted ballots. Instruct postal officials that ballots must be released only
at a specified time on the ballot return deadline date and only to authorized
union election officials.
- Arrange with postal officials for a second post office box for ballot packages
returned undelivered. This post office box will serve as the return address
on the ballot package mailed to members.
- Notify candidates of all election and campaign rules including the right
to inspect, once within 30 days before the election, a list of all members
(subject to a collective bargaining agreement which requires union membership
as a condition of employment) and the right to have the union distribute campaign
literature to members at each candidate's expense. Also advise candidates
and current officers about the prohibition against the use of union and employer
funds (including facilities, equipment, supplies, and campaigning on time
paid for by the union or employer) to support any person's candidacy in a
union officer election.
- Advise candidates of the date, time, and place for the preparation and
mailing of ballot packages; information about any ballot package remailing;
the date, time, and place of the ballot pickup at the post office and tally;
and their right to have observers at each of these activities.
- Prepare an accurate voter eligibility list with up-to-date member addresses.
In order to facilitate ballot sorting and voter identification at the tally
of ballots, election officials should assign a sequential number to each member's
name on the eligibility list. This same "voter identification number" should
be placed in the lower left corner of the voter's corresponding return ballot
envelope before mailing the ballot packages.
- Obtain the necessary materials and prepare a mail ballot package for each
member which provides for ballot secrecy, using a double envelope system.
The five mail ballot package items illustrated below include recommended formats
and dimensions of the three different size envelopes needed. Each member should
receive the following:
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This small envelope, either blank or printed with the words "Secret
Ballot Envelope," will be used by the voter to enclose the marked ballot.
Advise members not to place any identifying information on this envelope.
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This envelope will be used by the voter to return the Secret Ballot
Envelope with the marked ballot sealed inside. It should be pre-addressed
to the post office box for returned voted ballots and contain space for
the voter to print his or her name and address in the upper left corner.
If a voter identification number has been assigned (which corresponds
to the voter's number on the voter eligibility list), it should appear
in the lower left corner of this envelope.
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This large envelope will be used to mail the other four mail ballot
items to each member. The return address should be a post office box designated
solely for the receipt of ballot packages returned undelivered so that
they can be remailed by election officials after obtaining correct addresses.
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If election notices were not mailed to members previously, the ballot package
may serve as the election notice provided it is mailed at least 15 days prior
to the date when ballots must be mailed back in order to be counted and contains
voting instructions which are clear and complete such as those in the following
example for a fictitious union - Factory Workers Local 999.
Factory Workers Local 999
Election Notice
A secret ballot election for the offices of President, Vice President,
Secretary-Treasurer, Recording Secretary, and three (3) Executive Board
members is being conducted by mail. Ballots for this election are being
mailed to members on July 12, 1996. Any eligible member who has not received
a ballot in the mail at home by July 17, 1996 or any member who spoils
a ballot may request a new ballot by contacting Election Chairperson Dennis
Ricci at 555-1234. If you request and return another ballot, only the
replacement ballot will be counted.
Instructions For Mail Voting
Please read the following instructions carefully before marking and mailing
your ballot:
- Mark an "x" or "checkmark" in the box next to the name of the candidates
of your choice. Do not place your name, initials, or any other identifying
information on the ballot. Ballots containing any identifying information
will be voided.
- Place your marked ballot in the small envelope labeled "Secret Ballot
Envelope" and seal it. Do not write on this envelope. You must use the
Secret Ballot Envelope to insure that ballot secrecy is maintained.
Failure to use the Secret Ballot Envelope will result in your ballot
being voided when the ballots are counted. If your ballot package does
not contain a Secret Ballot Envelope, you may obtain one by contacting
Election Chairperson Dennis Ricci at 555-1234.
- Insert the sealed Secret Ballot Envelope containing your marked ballot
into the return envelope pre-addressed to the Local 999 Election Committee
and seal it. Print your name and address in the return address space
on the return ballot envelope.
- Your name on the return ballot envelope will identify you as an eligible
voter. The number in the lower left corner of the return ballot envelope
will be used by the Election Committee for sorting ballots and determining
voter eligibility at the ballot count. Your vote will remain secret
because the Secret Ballot Envelope containing your ballot will be separated
from the return ballot envelope and mixed with other Secret Ballot Envelopes
before it is opened and the ballot counted.
- Ballot secrecy can only be preserved if you personally mark and mail
your ballot. Do not allow anyone else to mark or handle your ballot
or see how you vote. Do not give your ballot to anyone else for mailing.
Do not hand deliver your ballot to the union office.
IMPORTANT: Mail your ballot in sufficient time for it to be received
at P.O. Box 146, Columbia, MO 65203 no later than 3:00 p.m. on August
6, 1996.
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Election officials should insure that each voter is sent a blank
ballot. Ballots should be checked (before and after printing) to insure
that each candidate's preferred name is used and correctly spelled, each
office indicates the correct number of positions to be filled, and each
candidate is listed for the proper office in the correct order.
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- Check the mail ballot packages carefully after they are prepared to make
sure that all necessary items are enclosed, the envelopes are properly addressed,
and that any assigned voter identification number on the return ballot envelope
in each member's ballot package matches the number assigned to that member
on the voter eligibility list.
- Retain custody of the ballot packages until mailing and safeguard blank
ballots throughout the balloting period. Election officials must be able to
account for all ballots printed. The number of ballots printed minus the number
of ballots issued to members (in the initial mailing as well as any additional
mailing) must equal the number of unused ballots on hand at the end of the
election.
- Mail a ballot package to every member. If a separate election notice is
not mailed, ballot packages must be sent to all members, not only to members
in good standing. Ballot packages should be mailed to members at least 15
days prior to the date when they must be mailed back in order to be counted.
Members must be given a reasonable time to receive, mark, and return ballots.
- Send ballot packages by first class mail to insure that all members receive
ballots in a timely manner. Obtain a statement from the post office indicating
the number of ballot packages mailed.
- Ask postal officials not to release information to anyone about the number
of ballots returned or the names of the voters prior to the time of the ballot
pickup.
- Pick up any ballot packages mailed to members which have been returned
undelivered to the post office box obtained for this purpose. Attempt to obtain
accurate addresses for these members. Ballot packages with updated addresses
should be remailed as soon as possible. Observers have the right to be present
for the pickup and remailing of ballot packages.
- Advise members how to request another ballot if the ballot package is not
received or if the ballot is spoiled while voting. Include this information
in the election notice (as illustrated in the above sample notice), post a
copy of the election notice at the union hall and at work sites, and print
an announcement in any union publication. Send a replacement ballot package
to any eligible member who makes a request.
- Keep a list of the names and addresses of any members who request replacement
ballots. Replacement ballot return envelopes should be marked with a special
designation (such as "D" for duplicate) to alert election officials at the
tally that these members have been sent more than one ballot. A record must
be kept of all replacement ballots sent in response to requests and all ballot
packages which were remailed after being returned undelivered, including dates
received and mailed.
- Plan for the pickup of ballots from the post office and the tally of ballots.
Determine the ballot counting method and voiding rules to be used and prepare
tally sheets.
- Pick up the envelopes containing the voted ballots from the post office
box only at the scheduled date and time, allowing candidates to have an observer
present. Under no circumstances should ballots be picked up before the ballot
return deadline or by anyone other than election officials.
- Verify voter eligibility at the tally site using the following recommended
procedures:
- Count and record the number of return ballot envelopes received at
the post office box, removing any envelopes addressed to a different party.
- Put the return ballot envelopes in the order (alphabetical, numerical,
etc.) which corresponds to the voter eligibility list. Void (but do not
open) any return ballot envelope which does not contain information that
identifies the member as an eligible voter.
- Call out the name of each voter and mark the name off the voter eligibility
list to insure that no member casts more than one ballot. If a voter's
name does not appear on the list, challenge the ballot, add the voter's
name to the end of the voter eligibility list, and mark both the list
and the envelope with a "C" for challenged ballot.
- If a voter returns a replacement ballot in an envelope marked by election
officials with a "D" for duplicate, indicate that fact on the voter eligibility
list and on the list of replacement ballots maintained by election officials.
If a voter returns two ballots, election officials must decide in advance
which ballot to count. Usually the replacement ballot should be counted;
the other returned ballot envelope should be voided.
- If the return ballot envelope does not contain the voter's name or
other required information but does contain information identifying the
person as eligible to vote (such as a voter identification number), the
ballot should be counted. For example, if a voter uses a pre-printed return
address sticker rather than printing or signing his or her name as directed
by the voting instructions, the ballot should be counted. (Voters should
not be required to sign the ballot return envelope unless election officials
are going to physically compare each signature to some other record, a
task which is extremely difficult and time-consuming.)
- Resolve any challenged ballots, if possible, before any ballot envelopes
are opened and the counting begins. Election officials should keep a record
of decisions made and explain the reason for each voter eligibility decision
to observers.
- Remove (but do not open) the Secret Ballot Envelopes from the return ballot
envelopes after voter eligibility is established and thoroughly mix all of
the Secret Ballot Envelopes together to preserve ballot secrecy. Observers
should not be permitted to handle any envelopes or ballots. Prior to the tally,
election officials should decide what to do if a voter has not used the Secret
Ballot Envelope. Election officials have two choices: 1) Election officials
may decide to void a ballot if a voter has not used the Secret Ballot Envelope.
(If this policy is adopted, include a warning to members in the voting instructions
as illustrated in the above sample notice, that a ballot will be voided if
it is not returned in the Secret Ballot Envelope.) OR 2) Election officials
may decide to count these ballots, but they must take necessary steps to preserve
secrecy. (In such cases, carefully remove the ballot from the return ballot
envelope without allowing anyone to see how it is marked. Immediately place
the ballot face down and mix it together with the other ballots after they
are removed from the Secret Ballot Envelopes to preserve secrecy.)
- Open the Secret Ballot Envelopes, remove and unfold the ballots, and place
them face down. (If a Secret Ballot Envelope does not contain a ballot, make
a notation to that effect on the envelope and set it aside. Remember to account
for any such envelopes when determining the total number of ballots returned.)
- Begin the actual counting of ballots after completing the voter eligibility
check and attempting to resolve any challenged ballots. Count the votes on
each ballot and enter the results on tally sheets.
- Void the entire ballot if it contains information identifying the voter.
Void only the particular office involved if voter intent is not clear or if
too many candidates have been selected for an office.
- Announce the tally results for each office. Report the number of valid
ballots counted, the number of totally void ballots, and the number of unresolved
challenged ballots.
- Pack and seal in boxes all return ballot envelopes, Secret Ballot Envelopes,
voter eligibility lists, tally sheets, and the used and unused ballots after
the counting is completed and keep them for at least one year as required
by federal law.
- Publish and post the election results promptly.
- Return to the post office at a later date and pick up any ballots received
after the deadline. Void (but do not open) any ballots received after the
ballot return deadline, marking the ballot envelopes "Void - Received after
Deadline." Retain these ballot envelopes with the other election records.
If you have any questions about the election procedures outlined above or wish
to obtain additional information about union officer elections or other requirements
of the Labor-Management Reporting and Disclosure Act of 1959, as amended, contact
the nearest OLMS offices
OLMS field office.
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