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Office of the Election Supervisor for the International Brotherhood of Teamsters

Article IX

OBSERVERS

1.         General Rules

            (a)        Each candidate for the position of Convention delegate or alternate delegate and each slate of candidates for such position (s) shall have the right, at his/her/its expense, to have at least one (1) observer present at each and every phase of the process for nominating candidates for such position.  Each candidate nominated for such position and each slate of candidates nominated for such position(s) shall have the right, at his/her/its expense, to have at least one (1) observer present at each and every phase of the election process.  Such observer shall be a candidate or a member of good standing of the Local Union.  For the purpose of observing the printing of ballots, preparation of ballot packages and/or mailing of ballots from a centralized location, a nominated candidate or slate of such candidates may authorize in writing any member of the Union in good standing to serve as his/her/its observer, whether or not the person is a member of the Local Union.

                        Each candidate for an International Officer position and each slate of candidates for such position(s) shall have the right, at his/her/its expense, to have at least one (1) observer present at each and every phase of the process for nominating candidates for such position, consistent with other provisions of these Rules.  Each candidate nominated for such position and each slate of candidates nominated for such position(s) shall have the right, at his/her/its expense, to have at least one (1) observer present at each and every phase of the election process.  Such observer shall be a candidate or other member in good standing of the Union.

            (b)        Each candidate on a slate shall be deemed to be represented by each and every other candidate on that slate and by all observers designated by that slate or by any candidate on that slate.

            (c)        The Election Supervisor or any representative of the Election Supervisor may limit the number of observers otherwise permitted for each candidate or slate of candidates where security, space limitations or other considerations so require.  All candidates shall be treated without discrimination, and all slates of candidates shall be treated without discrimination.

            (d)        A candidate may not serve as an observer at a polling place where his/her name appears on the ballot at that polling place.

            (e)        The Election Supervisor or a representative of the Election Supervisor shall provide reasonable notice to all candidates and slates of candidates of the dates, times and places of all events or activities which candidates or slates of candidates may have the right to observe.

            (f)        Time spent observing shall be considered as time spent on Union business.  Therefore, upon written request of any observer, the appropriate Union officer, business agent, steward, etc., shall so certify to such observer's employer or to any other person or entity to whom the observer reasonably requests such certification be given.  No observer shall use this privilege for the purpose of campaigning.  To the extent that the privilege of being given time away from work (i.e., unpaid leave) for Union business is limited, the observers for each candidate, as a group, must be treated equally.

2.         Processing and Distribution of Candidate Literature

            Observers shall be permitted to observe the processing and distribution of campaign literature for his/her candidate.  This shall include the opportunity to observe the duplication of the literature, the stuffing of the envelopes, and the placement of the mailing labels, or the members' names and addresses, and the postage on the envelopes.  Should an observer claim that a member's address is incorrect or that a member eligible to receive a ballot has been omitted from the mailing, such address shall be corrected and/or the member included in the mailing.  Observers shall be permitted to accompany and observe any delivery of the literature to a mailing service and/or the delivery of the literature to the post office.

3.         Selecting by Lot

            Observers shall be permitted to be present at any drawing by lot conducted in connection with any phase of the nomination and election process (e.g., determining the placement of slates and individual candidates on the ballot for election of delegate and alternate delegate candidates, the breaking of ties, etc.).  Notice shall be given to all affected candidates of the time and place for the conduct of such lotteries.

4.         Printing and Pre-election Handling of Ballots

            Observers shall be permitted to inspect the ballot prototype prior to printing and the printer's certification of the number of ballots printed.

5.         Mail Ballots

            Observers shall be permitted to observe the entire mailing process.  Observers shall be permitted to accompany the ballots to the post office and to observe their mailing.

            Observers shall be permitted to be present at the time(s) when those ballots returned as undelivered are picked up from the prescribed post office box and when the envelopes containing those ballots are inspected and counted.  Observers shall further be permitted to be present when the cast ballots are picked up from the post office box and to accompany the transfer of such ballots to the location where they are to be counted.  Notice shall be given to all affected candidates of the times of such mail ballot pick-ups.

6.         The Counting of Ballots

            Observers shall be permitted to observe the election count.  Observers shall be permitted to be present at the vote counting locations.  Observers may challenge the eligibility of any voter to vote.  Observers shall not interfere with the Election Supervisor or the Election Supervisor's representatives in the performance of their duties.

            The right to observe includes the right to inspect the opening and set up of the counting machine(s) before the count of the ballots commences and to observe the verification of the eligibility of members who have cast ballots, the determination of eligibility of those members whose right to vote is challenged, the opening of the return ballot envelopes; the count of the votes; and the recording of the final vote count and the counting of the unused, voided and spoiled ballots.  Observers shall be permitted to remain with the ballots from the time the count commences until the ballots are counted, including overnight if necessary.