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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:
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.
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.
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.
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.
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, 2000. Any eligible member who has not received
a ballot in the mail at home by July 17, 2000 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.
Please read the following instructions carefully before marking and mailing
your ballot:
- Mark an "x" or place a check mark 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, 2000.
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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.
- 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 sample notice on page 3 of this
pamphlet), 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 on page 3 of this pamphlet, 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.
Click here for
a list of the OLMS offices.
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