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Office of the Election Supervisor for the International Brotherhood of Teamsters

Article IV

ELECTION OF

INTERNATIONAL OFFICERS

1.         Method of Voting and Date of International Officer Election

            Following completion of the nominations process at the International Convention, as provided in the IBT Constitution, the International Officer election shall be conducted by mail balloting by and under the supervision of the Election Supervisor.  Ballots shall be mailed in October, 2016, and counted in November, 2016, on particular dates to be specified by the Election Supervisor.  In no event shall the deadline for receipt of ballots to be counted be less than twenty-eight (28) days from the date of mailing of ballots.

2.         Notice of International Officer Election

            The Notice of Election shall be prepared by the Election Supervisor.  The Notice shall state: the date by which ballots must be received in order to be counted; the International offices subject to the election and the number of candidates to be elected to each office, including the number of regional Vice President candidates to be elected by the membership of each regional area.  The Notice shall provide a clear and complete explanation of the requirements and procedures for voting.  The Notice shall also state the requirements for eligibility to vote, including the date by which dues arrearages and/or initiation fees must be paid to the Local Union in order for members to be eligible to vote.  The Notice shall specify the method for members who do not receive a ballot to obtain a ballot or a duplicate ballot.

           

 

The Notice of Election will contain the following statements concerning potential sanctions:

            No person or entity shall limit or interfere with the right of each IBT member to independently determine how to cast his/her vote and to cast and mail the ballot himself/herself.  The Election Supervisor shall not hesitate to impose the most severe sanctions for violation of the prohibition against solicitation of a member's ballot by any other Union member, officer, business agent, steward or other person, including, but not limited to, recommending appropriate disciplinary proceedings against members involved, referring the matter to the Government for appropriate action under law (including the Final Order), and, when appropriate, disqualifying the candidate on whose behalf ballots were solicited.

            The Notice of Election shall be published in English and French in and distributed in Canada in the Fall 2016, and in English and Spanish in the September, 2016 and October, 2016 issues of Teamster, which shall be mailed to the appropriate Union members at their respective last known home addresses.  These mailings may be done by second class mail, except that they shall be done by first class mail to each Union member whose listed address may be incorrect, according to Union records.  The Notice shall also be included in the mail ballot package mailed by the Election Supervisor to each member at his/her last known address.  The Notice shall be posted by the International Union and all subordinate bodies, including Local Unions, on all Union bulletin boards on or before sixty days prior to the deadline for receipt of ballots to be counted and shall remain posted through such deadline.  The Notice shall inform IBT members who have recently had a change in address of the method for reporting the change in time to receive a ballot at his/her new address.

            Within three (3) days of such posting, the Secretary-Treasurer of the IBT, the principal officer of each subordinate Union body (except Local Unions), and the Secretary-Treasurer of each Local Union shall provide to the Election Supervisor an affidavit attesting that the Notice of Election 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.

            The Election Supervisor may provide, or require the International Union or any subordinate body to provide, such further or additional notice of election as may be deemed appropriate to fully inform all Union members of the election.

3.         Eligibility to Vote

            Eligibility to vote shall be determined as provided in Article V of these Rules.

4.         Printing and Handling of Ballots

            (a)        The Election Supervisor shall have the authority to designate a standard type of mechanical ballot counting device and to print ballots for the election of International Officers which can be counted using this device.

            (b)        All ballots shall be identified as the "Official Ballot for Election of International Officers" and shall be printed in a legible manner, with headings printed in bold face.  Separate ballots shall be printed for Teamsters Canada and for each of the four regional areas in the United States and shall be identified by regional area.  Ballots and return ballot envelopes shall contain encodings or other markings to prevent forged or otherwise fraudulent ballots from being used, voted or counted in the International Officer election.

            (c)        Ballots shall state the offices open for election and the number of candidates to be elected for each office, and shall instruct the voter to vote for no more than that number of International Officer candidates.  If there is one or more slates, the ballot shall state that slate voting is permitted.  The ballot shall state that by placing a mark in a slate box, the voter will have voted for all the individual candidates on that slate.  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 votes cast for candidates for that position does not exceed the number to be elected to that position.  The ballot shall state that instead of voting for a full or partial slate, the voter may vote for individual candidates, whether or not on a slate, so long as the total number of votes cast for candidates for that position does not exceed the number to be elected to that position.

                        The names of all candidates for International Officer positions other than regional Vice President shall be printed on all ballots.  The names of all candidates for regional Vice President from a particular regional area shall be printed on the ballot for that regional area.

                        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 markings distinguishing incumbency shall be placed on the ballot.  The listing of candidates who are affiliated with slates and those who are independent shall be determined in the manner set forth in Article VIII of these Rules.

            (d)        The ballots shall be printed under the direct supervision and control of the Election Supervisor at one site in the United States and at one site in Canada.  Ballots for members of Local Unions in Canada shall be printed in French and in English.  Where the primary language of a significant number of a Local Union's members is other than English, ballots for members of that Local Union shall be printed in that language in addition to English.

            (e)        The person or entity printing the ballots shall certify the number printed.  The Election Supervisor shall maintain custody of the ballots prior to the election.  Ballot security shall be maintained throughout the election process.

5.         Mailing of Ballots

            The Election Supervisor shall directly supervise and control all aspects of the assembly and mailing of the mail ballot package.  The mail ballot package shall be mailed by the Election Supervisor from a single location in the United States to all ballot-qualified members residing in the United States and its territories and possessions and from a separate, single location in Canada to all ballot qualified members residing in Canada.  Each mail ballot package shall contain the Notice of Election, a ballot, a secret ballot envelope, a self-addressed and stamped return envelope prelabeled by the Election Supervisor with the member's name and address and other data sufficient to identify and distinguish the member, and instructions regarding the procedure for mail ballot voting.

            The geographical boundaries of the four United States Area Conferences, as they existed at the time of adoption of the 1991 IBT Constitution, shall be used to determine the voting district of an IBT member for the purpose of satisfying the requirement of Article IV, Section 3(b) of the IBT Constitution pertaining to nomination and election of regional Vice Presidents.

            Observers shall be permitted to inspect the list of members to whom ballots are being sent.  Should any observer claim that a member eligible to receive a ballot has been omitted from the list, such person shall be sent a ballot.  If such ballot is cast, it shall be treated as a challenged ballot.

6.         Casting of Votes

            Once mail ballot materials are received, the member shall cast his/her vote(s), place the ballot in the secret ballot envelope (without making any mark on that envelope) and place the secret ballot envelope in the stamped return envelope and then place the return envelope in the mail.  If the pre-affixed label on- the return envelope is missing, the member should write his/her name, address, last four digits of his/her Social Security number and Local Union Number in the upper left-hand corner of the return envelope.

            Any ballot cast without proper identification on the return envelope or received after the deadline for receipt of ballots shall be void.

7.         Receipt of Ballots

            The Election Supervisor shall obtain secure sites for the return of the ballots: one site for ballots returned from regional areas in the United States and a separate site for ballots returned from Teamsters Canada.  Ballots shall be transported from the receiving post offices to the secure sites, by postal authorities acting by arrangement with the Election Supervisor or under the direct supervision and control of the Election Supervisor.  The Election Supervisor shall also obtain secure sites for receipt of mail ballot packages returned by postal authorities as undeliverable: one site for mail returned as undeliverable from regional areas in the United States and a separate site for mail returned as undeliverable from Teamsters Canada.  The Election Supervisor will review the ballot packages returned by postal authorities as undeliverable and shall make all reasonable efforts to verify and correct addresses and remail the ballot packages.

            Any member not receiving a ballot should contact the Election Supervisor or a representative of the Election Supervisor immediately if he/she wishes a ballot.  Any member who spoils or loses a ballot should contact the Election Supervisor or a representative of the Election Supervisor immediately if he/she wishes to obtain a replacement ballot.  The Election Supervisor or a representative of the Election Supervisor shall immediately send such person a mail ballot package, regardless of any question(s) concerning the individual's eligibility to vote.  Any such ballot cast shall be treated as a challenged ballot.

8.         Verification of Voter Eligibility

            Prior to commencement of the ballot count, and under the direct supervision and control of the Election Supervisor, the eligibility to vote of each person casting a ballot shall be verified in accordance with Article V of the Rules.

9.         Ballot Counting

            All ballots shall be counted under the direct supervision and control of the Election Supervisor.  All challenged ballots shall be segregated.  Meritless challenges shall not be entertained by the Election Supervisor or by representatives of the Election Supervisor.  The Election Supervisor shall have the authority to declare meritless any challenge not supported by documentary evidence.  Where more than one (1) mail ballot is received from a member, the ballot with the latest postmark shall be counted and the other(s) voided.  Where it is not possible to determine the latest postmark, such ballot shall be voided.

No sticker, write-in, or proxy votes shall be permitted.

All unchallenged ballots shall be counted first.  If the challenged ballots may not affect the outcome of the election, such ballots shall not be counted.  If the challenged ballots may affect the outcome of an election, challenges shall be resolved in the following manner.  All challenged ballots shall be divided into groups as determined by the Election Supervisor in a manner such that the secrecy of ballots shall not be undermined.  Challenges to ballots so divided shall be resolved by groups in succession.  Challenged ballots from each group resolved in favor of eligibility shall be counted until such time as the challenged ballots remaining no longer may affect the outcome of the election.  When the remaining groups of challenged ballots may no longer affect the outcome of an election, the count shall cease and remaining challenges shall not be resolved.

Votes cast by members of each Local Union shall be separately counted and posted.  After the count is completed, the Election Supervisor shall determine the total votes cast for each candidate and announce such election results.

            Prior to the International Officer Election, the Election Supervisor may issue supplemental guidelines or advisories with respect to counting of ballots and other matters relating to these Rules.  Any such supplemental guidelines or advisories shall be subject to approval by the General Executive Board and the Government, pursuant to the 2016 Election Agreement.

10.       Observers

            Each candidate for International Office and each full or partial slate of candidates for International Office may observe the process for nomination and election of International Officers in accordance with Article IX of the Rules.

11.       Retention of Ballots

            All ballots, including those that are challenged, voided, spoiled, or unused; all ballot envelopes, and copies of all tally sheets shall be preserved for one (1) year after the count.

12.       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 independently to 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 vote and return their ballots promptly.