Empower Slate, 2026 ESD 97
OFFICE OF THE ELECTION SUPERVISOR
for the
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
IN RE: EMPOWER SLATE ) Protest Decision: 2026 ESD 97
) Issued: May 28, 2026
Protestor. )
)
INTRODUCTION
Evette Avery filed a protest on behalf of the Empower Slate against Matt Higdon, Principal Officer of Local 728 and a candidate on the New Vision Slate in Local 728’s delegate election, and Matt Fitch of Merriman River Group, the election services provider that administered Local 728’s delegate election. In her protest she alleges that she was denied access to information and required notices and received a ballot that was not folded correctly which undermined the fairness of the election. For the reasons stated herein, we deny this protest.
The nomination meeting was held on February 7, 2026, ballots were mailed on March 9, 2026, and Local 728’s delegate election was held on April 10, 2026. A total of 917 ballots were cast. There were 853 valid ballots counted, 51 unresolved challenged ballots, and 12 totally void ballots. The winning delegate with the least number of votes received 697 votes. The losing delegate with the most number of votes received 144 votes making the margin in the delegate election 553 or 502 assuming all unresolved challenged ballots were votes for the losing delegate with the most votes.
1. Right to Inspect Membership List
Article VII, Section 2 of the 2025-2026 IBT International Union Delegate and Officer Election (the “Rules”) grants candidates the right to inspect the membership list within 30 days prior to the casting of ballots. The protestor asserts she was denied this right because the local did not affirmatively offer it to her. However, the Rules impose no obligation on the local or the election administrator to proactively offer or initiate such inspection. Rather, the right must be invoked by the candidate. See e.g., Pope, 2000 EAD 4 (Aug. 1, 2000), aff’d, 00 EAM 3 (KC) (Aug. 29, 2000) (recognizing that candidates may “request” access to the membership list and describing inspection as a right the candidate is entitled to exercise). There is no evidence (nor does protestor allege) that she requested access and was denied her right to inspect the membership list. Accordingly, no violation occurred, and this claim is denied.
2. Folding of the Ballot
The protestor alleges that her ballot and “majority of all ballots were folded incorrectly.” This issue has already been addressed in Empower Slate, 2026 ESD 96 (May 28, 2026) incorporated herein. As explained in Empower Slate, 2026 ESD 96 (May 28, 2026), the cited guidance in the Delegate Manual is advisory, not mandatory, and the protestor has neither alleged nor demonstrated that the manner in which any ballot was folded resulted in any actual breach of ballot secrecy, voter identification, or interference with the integrity of the election process. Notably, the protestor was present at the ballot count, did not object, raise any challenge or concerns about the process, including any issues with the ballots, or file a post-election protest. There is simply no evidence that ballot secrecy or the integrity of the election was compromised or affected the outcome of the election. Accordingly, this claim is denied.
3. Notice of Ballot Pickup
The protestor contends she did not receive advance notice of the ballot pickup details as set forth in the Delegate Manual. The Delegate Manual states that during the week immediately before the count, candidates and observers should be provided “pre-count information. At a minimum, a notice should be provided to all candidates and observers advising of the date, time and place of ballot pick up.” Delegate Manual, p. 24. Fitch confirmed that the protestor signed Form 6, the Observer Rights Information form, on February 7, 2026. The Form 6 sets forth important details about observer rights and information about the election including, but not limited to, the date, time and location of ballot pickup. The date, time and location of ballot pickup did not change after that date. Moreover, even assuming the Delegate Manual contemplates advance notice beyond Form 6, the protestor has not shown that any such notice deficiency affected her ability to observe or participate in the process. Indeed, protestor was present at the ballot count and does not allege that she was prevented from observing any part of the process or otherwise prejudiced.[1] This claim is therefore denied.
Accordingly, we find that the protestor has failed to establish any violation of the Rules. However, even to the extent any of the alleged conduct did constitute a violation (it does not), there is no evidence that such conduct affected—or could have affected—the outcome of the election. We therefore DENY this protest in its entirety.
APPELLATE RIGHTS
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within two (2) working days of receipt of this decision. Any party requesting a hearing must comply with the requirements of Article XIII, Section 2(i). All parties are reminded that, absent extraordinary circumstances, no party may rely in any such appeal upon evidence that was not presented to the Office of the Election Supervisor. Requests for a hearing shall be made in writing, shall specify the basis for the appeal, and shall be served upon:
Election Appeals Master Barbara Jones
Election Appeals Master
IBTappealsmaster@bracewell.com
Copies of the request for hearing must be served upon the parties, as well as upon the Election Supervisor for the International Brotherhood of Teamsters. Service may be accomplished by email, using the “reply all” function on the email by which the party received this decision. A copy of the protest must accompany the request for hearing. A copy of the protest must accompany the request for hearing.
Timothy S. Hillman
Election Supervisor
cc: Barbara Jones, IBTappealsmaster@bracewell.com
2026 ESD 97
DISTRIBUTION LIST (BY EMAIL UNLESS NOTED OTHERWISE):
Evette Avery
Matt Higdon
mhighdon@teamsterslocal728.com
Matt Fitch
Richard Hooker
John Palmer
Edward M. Gleason, Jr.,
James L. Donovan Jr.
David Suetholz
Will Bloom
Ken Paff
Thomas Kokalas
Timothy S. Hillman
Paul Dever
Felicia Hardesty
Kelly Hogan
[1] Protector states that representatives from Merriman River Group went to the post office the week prior and a day prior to the count and that “The rules state they should contact the Post Office to notify them of the pickup date and time.” It’s unclear what protestor is alleging here. However, we note that consistent with the Rules, and as further discussed in Empower Slate, 2026 ESD 96 (May 28, 2026), based on Merriman River’s experience with the post office, they visited in person leading up to the election to ensure being able to speak with post office personnel.