Article II
NOMINATIONS AND ELECTIONS
OF DELEGATES AND ALTERNATE DELEGATES
Elections for Convention delegate and alternate delegate positions shall be held by direct rank-and-file secret ballot voting. Eligibility to vote shall be determined as provided in Article V, Section 1 of these Rules. Voting shall be conducted consistent with all requirements of the Rules, including the following:
1. Authority of Election Supervisor
The Election Supervisor shall supervise each aspect of the nomination and election of delegates and alternate delegates from each Local Union to the 2021 International Convention. The Election Supervisor shall not conduct elections for delegates and alternate delegates, except as provided herein. In all cases, elections for delegates and alternate delegates shall be conducted at the expense of the Local Unions or other affiliates from which delegates and alternate delegates are elected as provided in these Rules.
2. Conduct of Local Union Delegate and Alternate Delegate Elections by Mail Ballot
All elections for Local Union delegates and alternate delegates to the Convention shall be by mail ballot unless an alternate method of balloting (for example: internet or other electronic voting) is both allowed by law and is specifically approved by the Election Supervisor for use in connection with a specific Local Union Plan. Any alternate method of balloting shall be approved only if the Election Supervisor determines that the method provides protection and security for the member’s secret ballot at least equivalent to the mail ballot. Mail balloting shall be conducted as set forth in this Article.
3. Schedule of Delegate and Alternate Delegate Elections; Delegate and Alternate Delegate Strength
(a) All Local Unions and other affiliates shall hold nominations and elections for delegates and alternate delegates in 2021, unless the Local Union falls within one of the two following exceptions:
(1) Local Unions with regularly scheduled local officer elections in Fall 2020: A Local Union which has a regularly scheduled Local Union officer election in Fall 2020 may file a Local Union Plan for a Fall 2020 Local Union delegate and alternate delegate election.
(2) Seasonal food industry Local Unions: if ten percent (10%) or more of the membership of a Local Union is employed by a seasonal food industry employer, the Local Union shall be considered a "seasonal Local Union." The Election Supervisor shall determine the appropriate schedule for the nomination and election of delegates and alternate delegates in each seasonal Local Union based on the following criteria: the time of the year at which seasonal employment is likely to be at a peak and, considering the schedule for the election process set forth in this Article, when it is most appropriate to conduct the election. The application of these criteria may require that the nominations and elections for delegates and alternate delegates in seasonal Local Unions be conducted in Summer 2020. The Election Supervisor will announce this schedule no later than May 5, 2020, for elections to be conducted in Summer 2020, and no later than June 1, 2020, for all other elections.
(b) Elections shall be held within the former Brotherhood of Locomotive Engineers, Brotherhood of Maintenance of Way Employes and Graphic Communications International Union as provided by the merger agreements between those Unions and the IBT. Only for the purpose of implementing these Rules and where otherwise appropriate, the term “Local Union” shall mean the appropriate General Committee of Adjustment (BLET), System Division or Federation (BMWE), Local Union (GCIU) or geographic grouping (BLET, BMWE and GCIU) as set forth in the merger agreements as the appropriate subdivision within those Unions from which delegates and alternate delegates are to be elected under those mergers agreements.
(c) On or about May 5, 2020, the Election Supervisor shall notify each seasonal Local Union which he/she has determined shall hold nominations and elections of delegates in Summer 2020 of the number of delegates to be elected by the membership of such Local Union. On or about June 1, 2020, the Election Supervisor shall notify each other Local Union of the number of delegates to be elected by the membership of such Local Union.
(d) Local Unions electing 1-4 delegates shall elect at least one (1) alternate delegate; Local Unions electing 5-8 delegates shall elect at least two (2) alternate delegates; Local Unions electing 9-12 delegates shall elect at least three (3) alternate delegates; and Local Unions electing 13 or more delegates shall elect at least four (4) alternate delegates. Nothing herein prohibits a Local Union from electing more alternate delegates than the minimum number specified above.
4. Local Union Plan
(a) Each Local Union shall submit a proposed Local Union Plan for approval by the Election Supervisor. The Election Supervisor shall review each proposed Local Union Plan and approve it, with such modifications as the Election Supervisor may determine are necessary and appropriate.
Seasonal Local Unions which the Election Supervisor has determined shall hold Summer 2020 elections shall submit the proposed Local Union Plan to the Election Supervisor on or before June 1, 2020.
For Local Unions entitled and proposing to nominate and elect their Convention delegates during the Fall of 2020 (i.e. those Locals scheduled to hold their elections for Local Union officers in the Fall of 2020), the proposed Local Union Plan shall be submitted to the Election Supervisor on or before June 30, 2020. A Local Union that does not so submit a proposed Local Union Plan by the above date shall not be entitled to nominate or elect Convention delegates during the Fall of 2020 and shall be required to conduct such delegate nomination and election during the winter of 2020-2021.
All other Local Unions shall submit a proposed Local Union Plan to the Election Supervisor on or before September 30, 2020. A Local Union that does not timely submit a proposed Local Union Plan shall have its nominations and elections conducted by the Election Supervisor, but at the expense of the Local Union.
(b) The Local Union Plan shall set forth the following:
(1) the proposed date(s) of issuance of the notice(s) for the nominations meeting(s) and the delegate election(s), including the proposed method to be used for issuing the notice for the nominations meeting(s);
(2) the proposed date(s), time(s) and place(s) of the nominations meeting(s) (if the date proposed for any nomination meeting is other than the date for a regularly scheduled, periodic general membership meeting of the Local Union, the Plan must explain the basis for the choice of date);
(3) the proposed date(s), time(s) and place(s) of the distribution of the ballots;
(4) a description of the composition (e.g. rank and file members, Local Union staff, Local Union officers, etc.) of the Local Election Committee or any substitute therefor, the method of selection of such body and, if known, the names of the individuals selected to serve;
(5) the name, address and telephone number of any outside election agency proposed to be used by the Local Union to conduct the nominations meeting(s) or delegates election(s), and a description of the duties the Local Union proposes such agency be assigned to perform;
(6) the proposed method for conducting the mail ballot election, identifying the mailing house to be used and procedure for receiving mailed ballots or, for an alternate method of balloting, the proposed method for securely preparing and distributing ballots.
(7) the proposed method, date(s), time(s) and place(s) for the counting of the ballots;
(8) the number of alternate delegates that the Local Union will elect;
(9) if the Local Union is unable to pay the expenses of all of its delegates to attend the 2021 IBT International Convention and the Local Union membership has voted to send less than a full complement of delegates (see Article III, Section 3 of these Rules), the number of delegates whose expenses will be paid;
(10) the number of alternate delegates whose expenses to attend the 2021 IBT International Convention will be paid;
(11) the addresses of all sites where one (1) or more members of the Local Union is then employed, with corresponding names of employers;
(12) then-current Local Union Bylaws or Constitution;
(13) an original of each issue of the Local Union newsletter, newspaper, magazine and any other periodical made available by the Local Union to the Local Union membership or subdivision thereof after January 1, 2019;
(14) the percentage of Local Union membership whose primary language is other than English and a statement of reasons why election materials should or should not be published in language(s) in addition to English and, if so, what language(s);
(15) any other information that the Local Union believes relevant; and
(16) any other information or material the Election Supervisor deems appropriate.
(c) Once a Local Union Plan is submitted to the Election Supervisor, the Local Union shall make the complete Plan, including all appendices, available for inspection at its office by the International Union, any subordinate body, any member of the Local Union submitting the Plan and any candidate for International office. In addition, each of the foregoing shall have the right to obtain, upon request, a copy of the Plan from the Local Union at no cost.
(d) Any interested Union member or body shall have the right to submit written comments to the Election Supervisor, with a copy to the Local Union, concerning a proposed Local Union Plan, within fifteen (15) days of the submission of the Plan to the Election Supervisor.
(e) As soon as possible, but in no event later than five (5) days after the Local Union has submitted its Plan to the Election Supervisor, the Secretary-Treasurer of the Local Union shall post a notice (on a form promulgated by the Election Supervisor) on all Local Union bulletin boards advising that the Local Union Plan has been submitted to the Election Supervisor and further advising members of their rights under Subsections (c) and (d) above and shall maintain such posting until replaced by a posting of the Plan Summary. Within three (3) days of such posting, the Secretary-Treasurer shall provide to the Election Supervisor an affidavit attesting that the notice was posted as required, identifying the bulletin board sites at which it was posted and the name and title of the individual with responsibility for posting the notice at each site. If the Local Union maintains a website and the website has the technical capacity to allow the Local Union to post notices to membership to the site, the notice shall be posted in a notice section of that website.
(f) Not later than five (5) days after the Local Union has submitted its Plan to the Election Supervisor, the Election Supervisor shall make the Plan available, without appendices, on the Election Supervisor’s website.
(g) Except where otherwise provided by the Rules, every posting by the Union on Union bulletin boards required by this or any other provision of the Rules shall be on Union letterhead that has no names of Union officers, business agents, staff or the like.
(h) Once a Local Union Plan is approved, the Election Supervisor shall prepare a summary of the Plan, delineating all relevant information. As soon as possible, but in no event later than seven (7) days after the Local Union has received the Plan Summary, the Secretary-Treasurer of the Local Union shall post a copy of the Plan Summary on Election Supervisor letterhead on all Local Union bulletin boards and shall maintain such posting through the entire delegate nomination and election period. Within three (3) days of such posting, the Secretary-Treasurer shall provide to the Election Supervisor an affidavit attesting that the Plan Summary was posted as required, identifying the bulletin board sites at which it was posted and the name and title of the individual with responsibility for posting the Plan Summary at each site. If the Local Union maintains a website and the website has the technical capacity to allow the Local Union to post notices to membership to the site, the notice shall be posted in a notice section of that website.
(i) The Election Supervisor shall make the approved Local Union Plan Summary available on the Election Supervisor’s website.
5. Delegate Nominations
(a) For Local Unions entitled and choosing to nominate and elect their Convention delegates during the Fall of 2020, and who timely submit a proposed Local Union Plan to the Election Supervisor, the nomination of Convention delegates and alternate delegates shall take place from September 1, 2020 through November 7, 2020. For Seasonal Local Unions, the nominations for delegates and alternate delegates shall be held on the dates the Election Supervisor has set under Section 3 of this Article. For all other Local Unions, the nomination of Convention delegates and alternate delegates shall take place from January 4, 2021 to March 7, 2021.
(b) Local Unions entitled and choosing to nominate delegates and alternate delegates at the same time as Local Officer nominations shall nominate the delegate and alternate delegate candidates separately from Local Officer candidates.
(c) All Local Unions shall nominate delegate candidates separately from alternate delegate candidates. All nominations for delegates and alternate delegates shall be at large.
(d) Notice of nomination meeting(s) shall be given on a form promulgated by the Election Supervisor by mailing a copy of the notice to each member at his/her last known home address by first class mail at least twenty-one (21) days prior to the first nomination meeting. The notice shall be mailed by the Local Union and the cost of this mailing shall be borne by the Local Union. The notice shall include the date(s), time(s) and location(s) of the nomination meeting(s); the number of delegate and alternate delegate positions, a clear and complete explanation of the requirements and procedures for submitting and accepting a nomination (including a statement that the member shall have the right to be nominated and seconded and to accept nomination by writing as set forth in this Article); information about slate formation and the deadline for submitting slate declaration forms; and a statement that retaliation for the exercise of rights under the Rules is prohibited. In addition, the Notice shall contain the statement:
"It is strongly recommended that, before being nominated, each prospective nominee request verification of his/her eligibility to run for delegate or alternate delegate. To maximize the opportunity for the Election Supervisor to verify eligibility before nomination, this request should be made in writing to the Election Supervisor as soon as possible, but in no event less than five (5) working days prior to the nomination meeting."
The notice of delegate nominations meeting(s) may be combined with the notice of election, if the notice of nomination is mailed to each member at his/her last known home address.
At least twenty -one (21) days prior to the first nomination meeting, the Secretary-Treasurer of the Local Union shall post a copy of this same notice on all Local Union bulletin boards and shall maintain such posting through the date of the final nomination meeting. Within three (3) days of such posting, the Secretary-Treasurer shall provide to the Election Supervisor an affidavit attesting that the notice of nomination meeting(s) was posted as required, identifying the bulletin board sites at which it was posted and the name and title of the individual with responsibility for posting the notice of nomination meeting(s) at each site. If the Local Union maintains a website and the website has the technical capacity to allow the Local Union to post notices to membership to the site, the notice shall be posted in a notice section of that website.
(e) Nominations shall take place at a general or special membership meeting or at a meeting of each separate division, craft or place of employment authorized by the Local Union Executive Board to hold a separate meeting and shall be made by a member in good standing other than the nominee, seconded by a member in good standing other than the nominee.
(f) Any member eligible to nominate or second a nomination may do so by a writing submitted to the Local Union Secretary-Treasurer. The writing shall state whether it is a nomination or a second, the name of the member being nominated or seconded, and whether the nomination or second is for delegate or alternate delegate. It shall be signed by the member submitting the nomination or second and shall provide his/her complete mailing address. The submitting individual may also choose to provide the last four digits of his/her Social Security number. At the nomination meeting, the presiding Local Union officer shall announce and treat a written nomination or second as if it had been made from the floor of such meeting. The Election Supervisor may separately request a nominator, seconder, or candidate to provide the last four digits of his/her Social Security number directly to the Office of the Election Supervisor to verify eligibility.
(g) A written nomination or second must be received by the Local Union Secretary-Treasurer no later than 5 p.m. of the day immediately prior to the day of the relevant nomination meeting (if the nomination meeting is scheduled to occur after 5 p.m., the written nomination or second must be received by the Local Union Secretary-Treasurer no later than 5 p.m. of the day of the meeting).
(h) Nothing shall prohibit any member in good standing from nominating or seconding more than one candidate. Nothing shall prohibit more than one member in good standing from nominating or seconding any candidate. A candidate may decline to be nominated or seconded by a particular person or persons.
(i) To be eligible for nomination, a member must be nominated and seconded by a member in good standing, each with his/her dues paid through the month prior to the nominations meeting; the member must be eligible to be nominated, pursuant to Article VI of these Rules; and the member must accept his/her nomination at the time made either in person, or, if absent, in writing. If acceptance is made in writing, the document must be presented to the presiding Local Union officer no later than the time the member is nominated.
(j) No member may accept nomination for both a delegate and an alternate delegate position.
(k) After a candidate has accepted nomination, he/she may not, under any circumstance, revoke acceptance once the ballots are printed, except where as a result of such revocation the remaining candidate(s) are left unopposed.
6. Posting the Nomination Results
(a) As soon as possible but in no event later than five (5) days following the nomination meeting(s), the Local Union Secretary-Treasurer shall post on all Union bulletin boards a list of all nominated candidates, by name (and by slate affiliation, if known at the time). When the number of nominees for delegate or for alternate delegate does not exceed the number to be elected to that position, the list to be posted shall state that such nominees have been declared elected. A copy of this posting shall be sent immediately to the Election Supervisor.
(b) Within three (3) days of such posting, the Local Union Secretary-Treasurer shall provide to the Election Supervisor an affidavit attesting that the list of nominated candidates was posted as required, identifying the Union bulletin board sites at which the list was posted and the name and title of the individual with responsibility for posting the list at each site.
(c) Disputes concerning the eligibility of one or more nominated candidates to run for delegate or alternate delegate positions shall not stop, stay or delay the required posting, and the list shall not contain any indication that the eligibility of a candidate has been challenged, protested or questioned.
When an eligibility protest results in one or more candidates being found ineligible, and all appeal rights under Article XIII of the Rules have been exhausted, the Local Union shall post a revised list of candidates eliminating any found to be ineligible, in the same locations and in the same manner as the original list. The Local Union Secretary-Treasurer shall provide an affidavit regarding posting of this revised list as set forth in Subsection (b) above.
7. Delegate Elections
(a) For Local Unions nominating delegates and alternate delegates in Fall 2020, the election of delegates and alternate delegates shall take place between October 24, 2020 and December 31, 2020. For seasonal Local Unions, the election of delegates and alternate delegates shall be held on the date(s) established pursuant to Section 3(a)(2) of this Article. For all other Local Unions, the election of delegates and alternate delegates shall take place between February 27, 2021 and April 30, 2021.
The mailing of ballots shall commence no sooner than thirty (30) days after the final nomination meeting.
(b) For those Local Unions electing delegates and alternate delegates at the same time as Local Union officer elections, the delegates and alternate delegates shall be elected in an election separate from the election of Local Union officers.
(c) For all Local Unions, delegate candidates shall be listed on the ballot separately from alternate delegate candidates. All elections for delegates and alternate delegates shall be at-large.
(d) The Notice of Election shall be included in the mail ballot package which shall be mailed no later than twenty-four (24) days prior to the deadline for return of ballots. The Notice of Election shall be provided to each member on a form promulgated by the Election Supervisor. The Notice shall contain the warnings in Article II, Section 15 of the Rules and, in addition, state the date(s) by which ballots must be returned; the procedure by which a member may receive a duplicate ballot; the number of delegates and alternate delegates to be elected; a clear and complete explanation of the requirements and procedures for voting.
In addition, each Local Union shall post the Notice of Election on all Union bulletin boards and shall publish the Notice of Election in all Union newspaper(s) or other periodical literature sent or otherwise made available to its members after publication of the list of nominees and prior to the counting of ballots. If the Local Union maintains a website and the website has the technical capacity to allow the Local Union to post notices to membership to the site, the notice shall be posted in a notice section of that website.
Within three (3) days of such posting, the Secretary-Treasurer shall provide to the Election Supervisor an affidavit attesting that the Notice of Election was posted as required, identifying the Union bulletin board sites at which it was posted and the name and title of the individual with responsibility for posting the Notice at each site.
8. Uncontested Elections
When the number of nominees for delegate does not exceed the number of delegates to be elected, there shall be no necessity for an election for delegates and such nominee(s) shall be declared duly elected. Similarly, when the number of nominees for alternate delegate does not exceed the number of alternate delegates to be elected, there shall be no necessity for an election for alternate delegates and such nominee(s) shall be declared duly elected. The election ballot shall not contain the name of any candidate for a position for which there is no contest, even if there is a contest for another position.
9. Slate Voting
Candidates for delegate and alternate delegate are permitted to seek nomination, be nominated, campaign and appear on the ballot as members of a slate of candidates, regardless of whether the slate is a full or partial slate. The rules governing slate formation are found in Article VIII of these Rules. All Local Unions shall permit slate voting.
10. Printing and Pre-election Handling of the Ballots
(a) All ballots shall be identified as the "Official Ballot for the Election of Convention Delegates and Alternate Delegates" and shall be printed in a legible manner, with headings printed in bold face.
The ballot shall state the number of delegate and alternate delegate candidates to be elected and shall instruct the voter to vote for no more than that number of delegates and alternate delegates. If there are slates, the ballot shall state that the voter may vote for a partial slate plus additional candidates, whether or not on a slate, so long as the total number of delegate and alternate delegate candidates voted for does not exceed the number to be elected. The ballot shall state that instead of voting for a slate or partial slate, the voter may vote for individual candidates, whether or not on a slate, so long as the total number of delegate and alternate delegate candidates voted for does not exceed the number to be elected. The ballot shall state that by placing a mark in the slate box or circle, the voter will have voted for all the individual candidates on that slate.
If the total number of delegate candidate votes exceeds the number of delegates to be elected, that portion of the ballot shall be void, except where a voter has voted for a slate or a partial slate, in which case the slate or partial slate vote only shall be counted. Similarly, if the total number of alternate delegate candidate votes exceeds the number of alternate delegates to be elected, that portion of the ballot shall be void, except where a voter has voted for a slate or a partial slate, in which case the slate or partial slate vote only shall be counted. Where a voter has voted for both a slate and some or all the candidates listed under that slate heading, the markings for the individual slate members shall be disregarded and the slate vote shall be counted.
(b) The names of all candidates for delegates and alternates shall be printed on the ballot. The names of all candidates of any slate shall be placed under the heading of the slate name or title as designated by the slate declaration form previously submitted to the Local Secretary-Treasurer. The names of all other delegate and alternate delegate candidates shall be printed on the ballot in a column or columns under the heading "Independent Candidates.” Delegate candidates and alternate delegate candidates shall be listed separately.
All full and partial slates shall be listed on the ballots before the column(s) headed "Independent Candidates." The order of placement of the slates on the ballot shall be determined by lot. The members of each slate shall determine the order of each candidate's name within the slate listing. Among the independent candidates, the order of placement on the ballot shall be determined by lot.
A square or circle shall be printed before each slate name. A smaller square or circle shall be printed before the name of each delegate and alternate delegate candidate, whether or not a member of a slate. No such square or circle shall be printed before the column heading "Independent Candidates."
(c) Each ballot shall contain the following instructions:
INSTRUCTIONS TO VOTER:
1. Vote for no more than __ delegate candidates and no more than __ alternate delegate candidates
2. You may vote for a full slate.
3. You may vote for a partial slate plus additional candidates, whether or not on a slate, so long as the total number of delegate and alternate delegate candidate votes does not exceed the total to be elected.
4. Instead of voting for any slate or partial slate, you may vote for individual candidates, whether or not on a slate, so long as the total number of delegate and alternate delegate candidate votes does not exceed the total to be elected.
5. By placing a mark in the slate box (or circle), you will have voted for all the individual candidates on that slate. If you mark a slate box (or circle) and also vote for other candidates so that the total of your votes is more than the total number of positions to be elected, only your slate vote will be counted. If you vote for two or more slates so that the total of your votes for slate members is more than the total number of positions to be elected your vote will not be counted for any candidate running for that position.
(d) As near as practicable, the ballot shall be in the form of the sample ballots published by the Election Supervisor.
(e) Candidates shall be identified on the ballot only by name and, if affiliated, by slate. Where a similarity in names may cause confusion, appropriate additional identification shall be added. No asterisks or similar marking distinguishing incumbency shall be placed on the ballot.
(f) No sticker, write-in, or proxy votes shall be permitted.
(g) The Local Union shall prepare and maintain the ballots prior to the election. No ballot shall be printed sooner than forty-eight (48) hours after the final nominations meeting. Where there is a challenge with respect to the eligibility of any candidate, no ballot shall be printed sooner than fifteen (15) days after the final nominations meeting. Ballots shall be printed in sufficient number to insure that each member who so desires has the right to vote. The person or entity printing the ballots shall certify the number printed. Ballot security shall be maintained throughout the pre-election process.
11. Counting of Ballots
(a) Ballots shall be counted in accord with the approved Local Union Plan either by the Local Union or, if the Election Supervisor so directs, by the Election Supervisor or his/her designee or representative.
(b) The ballots shall be transported from the post office to a suitable location for counting.
(c) All ballots shall be counted by a mechanical device, except that the Election Supervisor shall have the discretion to waive this requirement when appropriate.
(d) The vote count shall be kept on an official election tally sheet stating the number of ballots printed, the number of mail ballots cast, the number of challenged, void, spoiled and unused ballots, and the number of votes received by each candidate. The tally sheet shall be signed by the officer, agent, or Election Supervisor representative in charge of the count, and by any candidate and/or observer choosing to sign.
(e) All unchallenged ballots shall be counted first. Challenged ballots shall be treated as provided in Article IV, Section 9 of the Rules.
(f) Where more than one (1) mail ballot is received from a member, the ballot that is received nearest to the date for counting ballots in the election shall be counted and the other(s) voided. If the order of receipt cannot be determined by postmark on the ballot return envelope, the ballot returned in the envelope last mailed to the member shall be deemed the ballot to be counted and other(s) voided. Where it is not possible to determine an order of receipt date, such ballots shall be voided.
(g) If on any ballot the total number of candidate votes exceeds the number of persons to be elected to that position, that portion of the ballot shall be void, except where a voter has marked the ballot for a full or partial slate of candidates, the slate vote only shall be counted. The remaining portion of the ballot shall be counted. Where a voter has marked a ballot for both a full or partial slate and for some or all of the candidates listed under that slate heading, the markings for the individual slate members shall be disregarded, and the slate marking shall be counted as a vote for every member of that slate.
(h) In the event of a tie vote, such tie shall be resolved by lot.
(i) All ballots, including those that are challenged, voided, spoiled and unused, all ballot envelopes, and copies of all tally sheets shall be preserved for one (1) year after the count.
12. Announcement of Election Results
(a) Upon completion of the vote count, the officer, agent or Election Supervisor representative in charge of the count shall immediately announce to all candidates and observers present the results of the count, including the number of ballots cast, the number of challenged and void ballots, and the number of votes received by each candidate.
(b) As soon as possible but in no event later than seven (7) days after completion of the vote count, the Secretary-Treasurer of the Local Union shall post a copy of the official election tally sheet on all Local Union bulletin boards and shall maintain such posting for a period of not less than thirty (30) days. The original tally sheet shall be maintained by the officer, agent, or Election Supervisor representative in charge of the count. If the Local Union maintains a website and the website has the technical capacity to allow the Local Union to post notices to membership to the site, the tally sheet shall be posted in a notice section of that website.
Within three (3) days of such posting, the Secretary-Treasurer shall provide to the Election Supervisor an affidavit attesting that the official election tally sheet was posted as required, identifying the bulletin board sites at which it was posted and the name and title of the individual with responsibility for posting the official election tally sheet at each site.
13. Ranking of Delegates and Alternates
(a) Elected delegates shall be ranked as first delegate, second delegate, third delegate, etc. in accordance with the number of votes received. Similarly, elected alternate delegates shall be ranked as first alternate delegate, second alternate delegate, third alternate delegate, etc. in accordance with the number of votes received. In the event of a tie vote, the ranking of delegates and alternate delegates shall be resolved by lottery, or by agreement among the elected delegates who are tied or the elected alternate delegates who are tied.
Where there is no contest for the position of delegate or alternate delegate, the ranking of delegates and alternate delegates shall be resolved by lottery, or by agreement separately among the elected delegates and among the elected alternate delegates, immediately after the final nomination meeting has been concluded.
(b) In all situations where an elected delegate is replaced, the replacement shall be effected by moving the elected delegate with the next higher-ranking into the position of the delegate to be replaced. Delegates shall maintain rank order according to the ranking established pursuant to subsection (a) of this section.
(c) In all situations where alternate delegates replace or substitute for delegates, the alternate delegate(s) selected shall be by rank.
14. Observers
Each candidate and each slate of candidates may observe the nomination and election process in accordance with Article IX of the Rules.
15. Prohibition on Interference with Voting
No person or entity shall limit or interfere with the right of any IBT member to vote, including, but not necessarily limited to, the right to independently determine how to cast his/her vote, the right to mark his/her vote in secret and the right to mail the ballot himself/herself. No person or entity may encourage or require an IBT member to mark his/her ballot in the presence of another person or to give his/her ballot to any person or entity for marking or mailing.
Any violation of this rule may result in disqualification of a candidate who benefits from the violation, referral of the matter to the Government for appropriate action under law (including the Final Order) or such other remedy as the Election Supervisor deems appropriate.
The instructions for balloting included in ballot packages shall contain these prohibitions and shall urge members to promptly vote and return their ballots.
16. Certification of Election Results
(a) After completion of the election process conducted in accordance with the Rules, where no timely protest of the election is filed, or upon completion of the protest and appeal procedure, the Election Supervisor shall certify the results of the election.
(b) Upon its issuance, the Election Supervisor shall mail to the Local Union's Secretary-Treasurer, by certified or registered mail, a copy of such certification.
(c) Should the Election Supervisor decline to certify the results of any election, such election shall be set aside and rerun pursuant to the terms of Article XIII, Section 5 of the Rules.