(a) Process. The Commissioner of Labor Statistics of the U.S.
Department of Labor (hereafter referred to as ``the Commissioner'') or
his or her designee shall conduct the elections. The Commissioner shall
provide a ballot containing the names of the employment statistics
directors in the appropriate region to the employment statistics
director in each State who is affiliated with the State agency
designated pursuant to section 15(e) of the Wagner-Peyser Act. If a
State has not designated an agency, or has not provided the name of the
employment statistics director to the Commissioner, the State shall not
participate in the election process. Each director may vote for one
director to be the regional representative. The Commissioner shall
prescribe a time limit that will not be less than one week for the
directors to mark and return the ballots. Only votes received by the
Commissioner within the prescribed time limit will be counted. The
Commissioner will tally the votes from the ballots received within the
prescribed time limit and the director receiving the most votes in the
region will be the representative for that region. If there is a tie
after the first round of votes are counted, the Commissioner shall
conduct additional rounds of voting using a ballot containing the names
of the directors who tied with the most votes in the previous round
until a representative is elected. The Commissioner will prescribe a
time limit of not less than one week for each additional round of
voting and will tally the votes received within the prescribed time
limit. The director with the most votes will be the representative.
(b) Method of transmission. The Commissioner may distribute the
ballots relating to the election under this part by electronic mail or
other methods the Commissioner determines to be appropriate and may
specify the methods through which votes are to be cast.
(c) Vacancies. If a representative does not complete the term, the
Commissioner shall conduct an election to elect a replacement for the
remainder of the term using the procedures described in paragraph (a)
and (b) of this section.
