TNG Balloting Rules & Procedures
(Posted: Dec. 7, 2000)
Election
Rules for Sector Elections and Referenda
Issued by the
Sector Election And Referendum Committee (SERC)
(Adopted June 20, 1997)
Purpose of Rules
The basic election rules for Sector Elections and Referenda are found in Article XXII Section 6 of TNG's Constitution, attached to this document for the convenience of Local Election Committees.
These rules supplement, and must be read and applied in conjunction with, the Constitution provision that is their source.
These rules shall be interpreted and applied liberally to ascertain the actual intent of the voter and the true result of any election, and shall not be interpreted or applied so as to unnecessarily disqualify eligible voters for immaterial irregularity.
General Rules
1. In elections of TNG officers, neither TNG nor local union monies may be used to promote the candidacy of any person. Included in this prohibition is promotion of an individual's candidacy by use of any union' s letterhead or other stationery paid for by union funds or bearing the union's seal or insignia, by use of a union's newspaper, or by use of a union' s equipment, including computers and electronic bulletin-board access paid for by the union. Union monies may be used, however, for notices, factual statement of issues not involving candidates, and other expenses necessary for the holding of an election. It also is permissible for a union to publish in its newspaper or newsletter statements submitted by candidates, or letters to the editor about candidates, as long as all candidates are treated equally.
2. Each Local shall have a Local Election Committee of at least 3 members (LEC) of which one member shall be Chairperson. A LEC shall, to the extent possible, be bipartisan or nonpartisan.
3. For at least 15 days prior to an election, and during the voting period, the LEC shall post on all Bulletin Boards the notice of election and the name of the Chairperson and members of the LEC, and on the appropriate unit or department Bulletin Boards, the name of the Chairperson and members of any Unit Election Committee (UEC), or LEC designee in charge of a polling place. Copies of the SERC Election Rules shall be centrally posted in all Locals and shall be made available for inspection upon request to the LEC.
4. The Chairperson of the LEC shall have custody of the official ballots until they are distributed to voters at the polling place or distributed or mailed to voters for mail return by the LEC.
5. The Local's Executive Committee, or such other body as may be designated by Local by-law, shall decide whether voting shall be in person or by mail. If voting is in person, the Executive Committee may decide that a specified group of voters (unit, department of the shop, job classification) shall vote by mail, but should do so only if it is impracticable for that group to vote in person. The LEC may decide that individual members may vote by mail if the member is circumstanced so that it is impracticable for him or her to vote in person; or that individual members may vote in person in advance of the established voting days if the member is unable, because of circumstances beyond his/her control to vote in person or by mail during the designated voting days. In each instance, the LEC shall take steps to ensure that the validity and secrecy of the ballot are safeguarded in accordance with these Rules.
6. Protests regarding voter eligibility with all supporting documentation must be received at TNG Headquarters by no later than the end of business on the third day preceding the official six-day voting period. Protests and supporting documentation received after the deadline shall not be considered.
7. The Local Executive Committee, or such other body as may be designated by Local by-law, shall designate the time or times, and place or places of voting, which shall be selected to facilitate voting by all members.
8. Not less than 15 days prior to the election, notice of the election shall be mailed by the LEC to each member at the member's last known home address. The notice shall state the times and places of voting, in case of in-person voting. In case of mail ballot, the voting materials set forth in Rule 30 should be distributed or mailed with the notice if possible; if not, the notice shall state the date on which ballots will be mailed and the date on which ballots will be counted. upon request by Local officers or LECs.
9. All ballots, in person or mail, shall be counted by the LEC during the two days following the 6-day voting period set by the SERC. Ballots not counted during the two-day period shall be disallowed.
10. All returns shall be sent to TNG headquarters not later than midnight of the fourth day after the close of the 6-day voting period. Also, the LEC shall forthwith transmit to the SERC at TNG Headquarters, all ballots, valid, spoiled, and unused, and all eligibility and voting lists and all other election records other than the official return.
11. If voting is conducted at only one place, the LEC shall be in charge of the voting; if at several places, the LEC shall be in general charge and a UEC or a member of the LEC or designee of the LEC shall be in charge at each place. Where context requires, reference to the LEC includes the LEC Chairperson, the LEC's designee in charge at a voting place, or UEC.
12. Each candidate for office, or group or committee supporting a position in an referendum, may have watchers in the number determined by the LEC at each polling place in each Local. Each such candidate or group or committee shall designate its watchers to the LEC. The failure or inability of such candidate, or group or committee, to place watchers at a polling place shall not be grounds for complaint against the election.
13. At each polling place, there shall be a table for the LEC. The LEC shall have charge of the eligibility list or portion thereof applicable to the particular polling place and shall be present at the table at all times during the voting.
14. The ballot box shall be examined by the LEC before voting starts, then sealed, and the seal initialed by the LEC and shall not be opened until the vote is counted. The ballot box shall be kept at the LEC table during voting.
15.
(a) At all times voting, each ballot box shall remain at the LEC table, attended by the LEC.
(b) In any interval between voting period, or between close of voting and counting ballots the slot for depositing ballots shall be sealed and the seal initialed by the LEC at the polling place. The Chairperson of the LEC shall keep the ballot box in his or her personal custody, or deposit it in a room, closet or cabinet designated by the LEC which shall be locked. The LEC shall have custody of the key. The seal shall not be removed until the opening of the next voting period, and shall be removed by the LEC at the LEC table.
16. Ballots shall not be distributed in advance of the voting and shall be distributed only as follows: Upon presenting himself or herself to vote, the member shall sign his or her name next to his or her name on the eligibility list. If not challenged and after signing his or her name, the member shall be given a ballot by the LEC and shall proceed to a voting booth or other designated place where he or she can vote in secret. The member shall then fold the ballot face in, return to the LEC table with the folded ballot, and deposit the folded ballot in the ballot box.
17. A voter who has spoiled a ballot shall, on his or her request, be given one additional ballot, and the spoiled ballot so marked, placed in a spoiled ballot envelope, and returned to the SERC.
18. A challenged voter whose name is on the eligibility list shall vote in accordance with Rules 19 through 23. A challenged voter whose name is not on the eligibility list shall vote as follows: He or she shall be given a ballot by the LEC and shall proceed to a voting booth or other designated place where he or she can vote in secret. The voter shall than fold the ballot face in, return to the LEC table with the folded ballot, place the folded ballot in a challenged ballot envelope, seal the envelope, and sign the envelope and write the date on the envelope. The challenged ballot envelope shall be otherwise unmarked and all such envelopes should be uniform. All such envelopes shall be segregated from envelopes containing challenged ballots of voters whose names are on the eligibility list. All such envelopes shall be unopened and be returned unopened to the SERC with other election materials. If the SERC finds that the ballots contained in such envelopes would affect the outcome of any election or referendum, it shall rule on the validity of the challenges and either include the ballots in the vote count or note, as its ruling requires.
19. A challenged voter shall vote as provided by Rule 15, except that he or she shall place the folded ballot in a challenged ballot envelope and seal the envelope. He or she shall then sign the envelope on its face. The LEC member or designee in charge shall also sign the envelope and write the date on the envelope. The challenged ballot envelope shall be otherwise unmarked and all such envelopes shall be uniform.
20. All challenges which cannot be decided during the voting shall be referred to the LEC and decided if possible before the ballots are counted.
21. The envelopes containing ballots to which challenge is sustained by the LEC shall remain unopened and returned unopened to the SERC with other election materials. Opened challenged ballot envelopes shall also be returned to the SERC.
22. If a challenge to a ballot is ruled on, and not sustained, before the ballots are counted the folded ballot shall be removed from the envelope and deposited in the ballot box.
23. If a challenge to a ballot is overruled after unchallenged ballots are counted, and if it appears that opening the challenged ballot may impair its secrecy, then the voter's consent shall be secured before the folded ballot is removed from its envelope. Upon removal, the ballot shall be intermixed with all other such ballots, but may be intermixed in separate voting units if that can be done without impairing the secrecy of the ballot, and then the ballots counted.
24. The LEC shall include with other election materials returned to the SERC a report on the disposition of challenged ballots, signed by the LEC.
25. All ballot boxes shall be delivered unopened to a central point, where the ballots shall be counted by the LEC. Watchers are entitled to be present at the counting.
(Rules 26 to 29 are reserved)
Rules for Mail Voting
30.
(a) Mail ballots shall be distributed in the shop, or mailed at least 10 days before the first date for counting ballots, by air mail if faster to the destination.
(b) Included with the mail ballots mailed to the voter shall be a return envelope addressed to a LEC Post Office Box (unless, upon application of a LEC showing unavailability of a Post Office Box, the SERC authorizes an alternate return address), and a second inner ballot envelope which will fit in the return envelope. There shall also be included the following instructions (the content of which is part of these rules):
"After marking your vote on the enclosed ballot, fold it face in. Do not otherwise mark the ballot. Place the folded ballot in the smaller envelope and seal it. Do not sign or otherwise mark the smaller envelope containing the ballot. Place the smaller envelope containing the ballot in the addressed return envelope. Sign your name on the addressed return (outer) envelope (hand written or hand printed signature only). No ballot returned in an unsigned return envelope will be counted. Only ballots in the official return envelope in the LEC Post Office Box when mail ballots are picked up for counting will be counted. Mail ballots will be picked up for counting during the two days following the 6-day voting period set by the SERC. This procedure is designed to assure the secrecy of your ballot. Your signature on the outer envelope is to assure that the ballot is being cast by an eligible voter. The election rules on the handling of the official return envelopes and the counting of ballots are such that there is no chance your signature can be compared with your vote."
(c) Where mail ballots are distributed in the shop, each member given a ballot shall sign a receipt therefore, and the Local representative distributing the ballots shall witness the voter's signature. The receipt may be in the form of a list with the signature of the witness at the bottom of each page. The eligibility list, furnished to the Local according to Article XXII Section 6(a) of TNG's Constitution may be used for this purpose. Each voter receipting for ballots shall be given, with the ballot, a return envelope addressed to an LEC Post Office Box (unless, upon application of an LEC showing unavailability of a Post Office Box, the SERC authorizes an alternate return address), and a second inner ballot envelope which will fit in the return envelope. With the ballots, the voter shall be given the instructions set forth in (b).
(d) All inner ballot envelopes shall be uniform in all respects and without distinguishing marks. Official return envelopes distributed with ballots receipted for by the voter shall be distinguished from official return envelopes mailed to the voter without voter receipt by color, legend endorsed thereon, or other appropriate device.
31. A list of the names and addresses to whom ballots are mailed shall be kept. The person who actually mailed the ballots shall sign a statement at the foot of the list giving the time and place of mailing. A similar record shall be kept for mail ballots distributed in the shop.
32. Mail ballots shall not be removed from the LEC Post Office Box, or authorized alternate address, until the day of the ballot counting. Only mail ballots in the LEC Post Office Box, or authorized alternate address, on that day shall be counted, and no mail ballots shall be removed from the LEC Post Office Box, or authorized alternate address, after the count has started. Mail ballots shall be counted by the LEC at the same central counting place, and at the same time, as the in-person voting ballots.
33. Every inner ballot envelope shall, if not challenged, be removed from the return envelope. The inner ballot envelopes shall then be intermixed, but may be intermixed in separate voting units if that is possible without impairing the secrecy of the ballot.
34. If all inner ballot envelopes have been intermixed without segregation in voting units, the ballots shall be removed and still folded again intermixed, and then counted.
35. If the inner ballot envelopes have been intermixed in separate voting units, the ballots shall be removed and deposited in the ballot box for in-person votes for the same voting unit, the ballot box turned over several times to intermix the ballots as thoroughly as possible, and the box then opened and the ballots counted. If there is no such ballot box, the procedure of rule 34 shall be followed in each voting unit.
36. Challenged ballots shall be disposed of by the same procedure as challenged in-person ballots.
37. All return envelopes open and unopened shall be returned to the SERC with other returned election materials. Rules for Official Returns and Returned Election Material 50. The Official Return shall be returned in the separate envelope provided therefor.
51. With other election materials returned to the SERC under Article XXII Section 6(h) of TNG's Constitution, the LEC shall return the eligibility list, signed as required, the list of ballots distributed or mailed (Rule 31), all return mail ballot envelopes, all challenged ballot envelopes, the spoiled ballot envelopes, and the LEC report on challenged ballots, and on protests and appeals.
52. No return can be counted which does not bear the signatures required by Article XXII Section 6(g) of TNG's Constitution.
53.
(a). A return which does not give all the required data, or on which the data given does not reconcile, or which shows a total vote in excess of the number of votes accounted for by signatures on the returned eligibility list, signed mail ballot return envelopes, and challenged ballot envelopes, shall not be tabulated if the votes reported cannot affect the result of the election.
(b). If the number of votes reported on such returns is sufficient to affect the result of the election, and the SERC does not find evidence of fraud or irregularity opening the door to fraud, the SERC may count the ballots returned by the Local, or such of them as are legible and not spoiled, and substitute its count for the count shown by the return. When the count shown on remaining irregular returns is insufficient to affect the result of the election, no further count need be made.
(c). If the SERC finds fraud or irregularity opening the door to fraud, or if the number of ballots exceeds the number counted for, and if necessary to determine the result of the election, the SERC shall investigate the vote in the affected Local, determine the correct vote if possible, or order such other remedy as it finds appropriate, including a new election, which shall be under the direct supervision of the SERC or its designee.
(d). If the SERC orders a new election, it shall develop and distribute to affected Locals special provisions for the conduct of that election which shall follow as closely as circumstances permit the constitutional procedures applicable in regular elections, including a current eligibility period to identify members in good standing who are eligible to vote in the new election.
54.
(a). In case of a close election, and on demand of a candidate for office, or in case of a referendum on demand of two (2) Locals from each of three (3) regions, the SERC may before certification of the result, count the ballots returned by the Locals, or spot check randomly selected returns to determine whether to count all ballots, according to any formula it may adopt. The result of any ballot count shall be substituted for the result shown by the return of the Local whose ballots have been counted by the SERC. An election shall be considered close, if the margin of difference between the opposing sides is five percent or less.
(b). In order to dispose of any protest or reported irregularity in locally conducted elections, the may at any stage of its tabulation of returns before certification of the election result, count the ballots returned by any Local. Its ballot count shall be substituted for the vote reported by the Local return. This procedure does not limit the Constitutional authority of the SERC to investigate and dispose of any reported election fraud or irregularity or election protest.
[About Local 32035]
[Local Leaders] [Local
Staff] [Unit Leaders] [Local
Bylaws & Governance] [Contracts]
[Newsroom]
[Need a Union?] [Labor Calendar] [Related
Sites] [Home Page]
Washington-Baltimore
Newspaper Guild, Local 32035 TNG-CWA, AFL-CIO/ 1100 15th St., NW, Suite
350 Washington, DC 20005/ 202-785-3650 /Fax: 202-785-3659
Copyright © 2003 Washington-Baltimore Newspaper Guild