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Section 515 - Certification of Election Results

515.1 - Service to Parties 

Each party to the election shall be served with a copy of the report of election results which shall include the tally of ballots and a certificate of service.

 

515.2 - Objections 

Within five (5) days after the tally of ballots has been served, any party to the election proceeding may file with the Board objections to the election procedure or to any conduct which may have improperly affected the results of the election. The objecting party shall include a specific statement of the reasons for each objection.

 

515.3 - Certification of Representative 

The Board shall certify the results of each election within ten (10) working days after the final tally of ballots and, within five (5) days after the certification of election results has been served, the Board shall issue to the parties a certification of representative if: 

(a) The challenged ballots are insufficient in number to affect the results of the election; 

(b) No objections have been filed; and 

(c) No runoff election is required.

 

515.4 - Investigation - Challenges and Objections 

If the challenged ballots are sufficient in number to affect the results of the election or if objections are filed, the Executive Director, or other person designated by the Board, shall conduct an investigation and make a report of findings to the Board. The Board shall order a hearing, if necessary, shall make a determination on its findings, and shall issue a certification of representative, if appropriate.

 

515.5 - Hearings 

If the Board has reason to believe that such allegations or challenges may be valid, the Board shall hold a hearing on the matter within two (2) weeks after the date of receipt of the objection. The hearing shall be considered investigatory and not adversarial. The purpose of hearings under this section shall be to ascertain the facts by developing a full and factual record upon which the Board may make a decision. The procedures of Section 550 of these rules shall apply to the hearing.

 

515.6 - Inconclusive Elections 

An election shall be declared "inconclusive" if there are no challenges that affect the results, but none of the choices on the ballot receives a majority of the valid ballots cast.

 

515.7 - Runoff Elections 

If an election is declared inconclusive, the Board shall declare the election null and void and order that another election be conducted providing for a selection from among the original choices, except that if in the inconclusive election there were three or more choices on the ballot, only the two choices that received the most votes shall appear on the ballot in the subsequent election. In the event of a tie in the second election, the Board shall certify the election results indicating that no representative has been selected.