CHAPTER ONE                                                                                                                  

APPOINTING JUDGES OF ELECTION         

AND BEGINNING THE ELECTION PROCESS

If you think of the election process as occurring in various stages and understand your responsibilities at each stage, the entire process becomes more manageable.  At this early stage, good planning and organization are key.

SECTION 1:         APPOINTING THE JUDGES OF ELECTION

REQUIREMENTS

q                  The Judges of Election must be appointed prior to the Nomination Meeting by the Local Union's Executive Board.  ULUC Article VI, Section 1(c).  In the Matter of Local 137, IHO Order and Memorandum, 98-37P (September 28, 1998), and In the Matter of LIUNA Local 304, IHO Order and Memorandum, 95-26P (October 26, 1995).

q                  The Judges of Election cannot be candidates for office, but they must possess all the requirements to be a candidate for office.  ULUC Article V (See pps. 17-18 of this Election Guide).  The exception to this rule is that retired members may be appointed to serve as Judges of Election.  ULUC Article VI, Section 1(c).  The IHO has ruled that there cannot be a waiver of the prohibition against a Judge of Election running as a candidate.  In the Matter of Local Union 646, IHO Order and Memorandum, 95-19P (December 1, 1995).

q                  The Judges of Election do not have to be paid for their services; however, if a salary or other compensation such as "lost time" is to be paid, it must be fixed prior to the nominations.  Note that adjustments to salary during the period of service as an officer must be made in accordance with ULUC Article VI, Section 1(d).

SECTION 2:         BEGINNING THE ELECTION PROCESS

REQUIREMENTS

A.         Determine Your Election Responsibilities:

q                  After being selected, meet to discuss your roles as soon as possible.

q                  Select a chairperson or leader if one is not already designated.

q                  If none of the Judges of Election has ever conducted an election, contact former Judges of Election from your Local Union to discuss their experiences, both positive and negative.

B.         Review the Following Materials:

q                  The ULUC and EDP, especially those provisions dealing with good standing, voter and candidate eligibility, notices to the membership, and any other officer election requirements.  Each Judge of Election should have a copy of the ULUC and the EDP to refer to as necessary throughout the election process.

q                  Notices of election, ballots, tally sheets, and any correspondence used in your Local Union's prior elections which may serve as models to use in this election.

q                  The sample letters, notices, ballot, tally sheets, and other nomination and election materials included in the Appendices of this Guide which may be adapted for use in your Local Union's election.

C.         Meet with Current Officers

q                  Advise current officers of the need for their cooperation and support.  Make clear that you must remain impartial and will not provide any special  information, special privileges, or considerations to the current officers not otherwise available to the membership.

q                  If problems occurred in the Local Union's last nominations and election, ask the current officers for recommendations about how to avoid these problems in the upcoming election.  For example, if the polling place used in the last election was not reasonably accessible to all those who voted, consider a different site or multiple sites.

q                  Determine which election responsibilities, such as updating the membership address list and mailing the election notices, will be handled by the Local Union officers and/or staff.  Note that ULUC, Article VI, Section 2(j) provides that the Secretary-Treasurer is ultimately responsible for ensuring that the notices are mailed.

q                  Have prepared an up-to-date list of Local Union members eligible to vote, which is current as of 30 days prior to election.  See, “Updating Your Union’s Membership Mailing List.” (Appendix N) (OLMS, October, 2002).

D.         Schedule the Election

q                  At the May meeting, the membership must determine and fix the date on which the election will be held.  ULUC Article VI, Section 2(j).

q                  Select polling location(s) and establish voting hours which provide a reasonable opportunity for all members to cast ballots.  Just because a site was used in prior elections does not necessarily mean it is suitable.

q                  Develop a detailed timetable which lists all important election-related dates and deadlines.  Consult the Election Planner on page G-1 in Appendix G.  By starting with the election date and working backward, you can establish the dates of all major events such as the posting/mailing of the nomination notice, the nomination meeting, nominee acceptance deadline, mailing of the election notice, preparation and printing of ballots, and the ballot tally.  After the timetable is established, decide which Judge of Election will be responsible for completing the various tasks outlined in the Election Planner.

SUGGESTIONS

·                      Keep notes, copies of election materials, and records of decisions and actions taken throughout the nomination and election process.  These records will refresh your memory in the event of a protest and may serve as a guide for future Judges of Election.

·                      Meet regularly to:  (1) confirm that all required tasks are being completed; (2) discuss problems and concerns; and (3) ensure you understand your individual role and responsibilities.

·                      Encourage candidates, observers, and members to raise any questions or problems about nomination or election procedures as soon as possible so that you have a chance to remedy any problems or make any necessary changes in the election procedures.  Advising all candidates of your decisions in a timely manner will reduce the possibility of an election protest.

·                      Treat all candidates equally and avoid even the appearance of improper conduct.  Although you might be able to separate your personal friendships from your official duties, socializing with candidates might indicate to the members that you are not as impartial as your duty requires you to be.  Being a good Judge of Election might not win you a popularity contest, but it will make the Local Union a stronger and more democratic organization.

·                      Compensation for the Judges of Election should be reasonable in light of the services to be performed.  If compensation is unduly high, it may give the impression that the judges are being given payment to favor the incumbent officers.

·                      Always err on the side of caution.

FREQUENTLY ASKED QUESTIONS

1.         Can there be more than three (3) Judges of Election?

Yes.  The ULUC Article VI, Section 1(c) specifies three Judges of Election because experience has shown that this number is sufficient to ensure a fair election process.  If a Local Union feels that more Judges of Election are absolutely necessary to preserve the fairness of the election, however, it may appoint more judges.  In the Matter of Local 423, IHO Order and Memorandum, 98-27P (July 7, 1998).  A variance from the General President must be obtained if you choose to appoint more than three (3) Judges of Election.

2.         Can a member serve as a Judge of Election if he or she is related to any of the candidates of office?

There is no rule prohibiting a Judge of Election from being related to a candidate.  In evaluating the conduct of the Judges of Election, it is ultimately the decisions of the Judges, not their relationships, that must be evaluated.  In the Matter of Local 500, SEO Order, 01-SEO-12 (May 11, 2001). You are cautioned, however, that this may create the appearance of a conflict of interest unless extreme care is taken to show impartiality.  Thus, where possible, it would be the better practice not to permit the brother, son, uncle, spouse, etc. . . of a candidate to serve as a Judge of Election.  In the Matter of Local 1089, IHO Order and Memorandum, 97-12P (March 13, 1998); and In the Matter of Local 1359, IHO Order and Memorandum, 98-50P (September 19, 1998).  In the Matter of Local 652, IHO Order and Memorandum, Nos. 96-13P, 96-61P, 96-62P (December 6, 1996).

3.         Can the Local Union's Executive Board appoint a new Judge of Election if another Judge of Election is unable to perform his or her duties?

Yes.  Circumstances do arise that are beyond a Judge of Election's control, and such events should not derail an election process that has already started.  When an appointed Judge of Election becomes unable to serve due to unforeseen circumstances, a new Judge of Election may be appointed to replace him or her.  Remember, the replacement Judge of Election must meet the qualifications for office set forth in the ULUC, Article V.  In addition, if a qualified replacement is not available or appears to be unnecessary under the circumstances, the Local Union may seek a variance from the General President to operate with fewer than three (3) Judges of Election.  In the Matter of Local 1359, IHO Order and Memorandum, 98-50P (September 19, 1998).

4.         Can an incumbent member of the Executive Board serve as a Judge of Election?

Yes, however, the incumbent union officer must not be a candidate in the upcoming election.  In the Matter of Local 1089, IHO Order and Memorandum, 97-12P (March 13, 1998).  That is, the Officer must not be a candidate for re-election to the Executive Board.  In the Matter of Local 1101, IHO Order and Memorandum, 96-90P (February 20, 1997).

CHAPTER TWO

NOMINATIONS

Federal law requires that members be given a reasonable opportunity to nominate the candidates of their choice.  The Judges of Election must provide a timely notice of nominations and must use procedures which give all members a reasonable opportunity to make nominations.

SECTION 1:         SCHEDULING THE NOMINATION MEETING AND NOTIFYING THE MEMBERS

REQUIREMENTS

q                  The Nomination Meeting must be held not less than ten (10) days nor more than twenty (20) days prior to the regular meeting of the Local Union in May of the election year.  ULUC Article VI, Section 1(a).

q                  Notice of the Nomination Meeting must be dated and  mailed to each member in good standing at his or her last known address no less than seven (7) days prior to the meeting.  ULUC Article VI, Section 1(b).  Notices must be mailed to sick, laid-off, or other non-working members who are otherwise members in good standing.

The nomination notice must identify the offices and positions to be filled in the election, including delegate positions (if applicable). *  The notice must also specify that the Business Manager is a delegate to the District Council by virtue of having been elected to that office.  It should also include the date, time, place, and method for submitting nominations.  ULUC Article VI, Section 1(b); 29 C.F.R.  § 452.56.

q                  In the event there is no contest for any office and the candidates are found properly qualified, the Judges of Election shall certify to the May meeting that there is no need for a secret ballot election, and the nominees shall be declared duly elected.  ULUC Article VI, Section 2(e).

SUGGESTIONS

·                      The nomination notice could, but is not required to, provide information about the term of office, instructions for making and accepting nominations, and eligibility requirements for candidates and nominators, including eligibility requirements which have been waived or changed pursuant to a variance granted by the General President or an order of the Special Elections Officer.

_________________________

*          See, Uniform Local District Council Constitution, Article IV, Section 3, page 115 to determine if your Local Union is entitled to District Council delegates and, if so, how many.

·                     Obtain a copy of the nomination notice used for your Local Union's most recent election.  If this notice contains the required information, the Judges of Election may wish to follow the same format.

·                     Retain a copy of the nomination notice for at least one year after the election and keep a record of the date it was distributed to the membership.  Federal law requires that all ballots and all other records pertaining to the election be preserved for one year.  29 C.F.R. 452.106.

·                     Mail nominating instructions with the nominations notice which clearly explain the requirements for office and the requirements to nominate a candidate.

FREQUENTLY ASKED QUESTIONS

1.         Should a notice be mailed to a member who is deemed suspended due to nonpayment of dues?

A notice is not required, but if a notice is given to some delinquent or suspended members, it must be given to all.

2.         What time period does a member have to rectify his or her standing?

LIUNA members must pay dues by the close of business on the last day of the second month after the due date of the dues payment.

SECTION 2:         THE NOMINATION MEETING

REQUIREMENTS

1.         Qualifications of the Nominator

q                  A candidate must be nominated by another member in good standing.  ULUC Article VI, Section 1(f).  Please note that good standing in this context requires only good standing at the time of making the nomination, rather than the two (2) years of good standing required to run for office.

q                  The nominator's good standing status must be determined at the nomination meeting in order to allow an eligible nominator the opportunity to make the nomination if the original nominator is not in good standing.

q                  The nominee must be present at the time of nomination, unless absent from the meeting on business of the Local Union, for the District Council, or for the International Union, or excused for just cause by a vote of the membership of the Local Union.  Unexcused absence from a nomination meeting shall serve to disqualify such member from any subsequent nomination in the same election.  ULUC Article VI, Section 1(f).

q                  If a nominator is not in good standing, disqualify the nominee and reopen nominations for that office.

2.         Nominee Protocol

q                  Once a nomination is accepted, the nominee has no right to withdraw his or her candidacy prior to the election.  Upon nomination, a nominee must indicate immediately whether he or she accepts or declines the nomination.  ULUC Article VI, Section 1(f).  Of course, to appear on the ballot a nominee who has accepted must still meet the with the Judges of Election in order to be qualified.

q                  No member may be a candidate for more than one office, except where a combination of offices has been approved by the General President.  ULUC Article VI, Section 1(g).

q                  For further discussion regarding qualifications of the candidate, See Chapter 4 of this Guide.

3.         The Nominations Process

q                  Each member shall have the right to participate in the democratic decisions of the Union.  Subject to reasonable rules, regulations, and qualifications as provided by the Uniform Local Union Constitution, each member in good standing shall have the right to nominate officers.  Ethical Practices Code, Democratic Practices, Section 1.

q                  A Local Union must have the following officers and positions:  President, Vice President, Recording Secretary, Secretary-Treasurer, Business Manager-Delegate, Sergeant-at-Arms, Auditors (3), Executive Board Members, and Delegate(s) to the District Council (if applicable). ULUC, Article IV, Section 1.  Nominations must be made in the above order.  ULUC, Article VI, Section 1(g).

q                  Nominations must be made for all offices or positions to be filled.  ULUC Article VI, Section 1(a).

q                  No quorum requirement may be imposed upon the Nominations Meeting.

q                  During nominations, when the office of President is being nominated, the chair should be handed to another officer to conduct nominations.

q                  When the nominations have been completed, the Chairperson of the meeting must state that the Constitution requires all candidates to appear before the Judges of Election, who must then examine them to determine whether or not each candidate possesses all of the qualifications required to hold office.  ULUC Article VI, Section 2(c).  The Judges of Election must then announce the time and place when such examinations will be made.  ULUC Article VI, Section 2(b).  Candidates are required to appear at such time and place and be examined unless absent on business of the Local Union, for the District Council, or for the International Union, or excused for just cause by the Judges of Election.  ULUC Article VI, Section 2(c).  If the candidate is absent for any of the above-mentioned permissible reasons, the candidate and the Election Judges must promptly schedule an alternate time and place so the candidate can be examined as to his or her qualifications.  ULUC Article VI, Section 2(c).

q                  If a nominee is unopposed after the Union has provided reasonable opportunity for nominations, the Union does not have to include that position on the ballot, inasmuch as write-in votes are not permitted by the ULUC, Article VI, Section 3(h).  (If nominees for all offices are unopposed under these circumstances, no election is necessary.)

q                  Make certain, prior to the nominations, of the exact number of Delegates to the District Council to which the Local Union is entitled.  In the Matter of Local 292, IHO Order and Memorandum, 95-4P (November 9, 1995) (where the Local voted for 3 delegates, but was only entitled to two).

q                  The salary and compensation of Local Union officers must be established prior to nominations.  ULUC, Article VI, Section 1(d).  Keep in mind that compensation  includes items such as vacation leave, sick leave, access to an automobile, and other benefits, and must be set before nominations as well.

SUGGESTIONS

·                      Keep a complete and accurate list of the name of each nominee, the office to which nominated, and the person making the nomination.

·                      Although not required, in the interest of promoting a fully informed membership consider indicating on the ballot  any candidates who ran unopposed and the offices to which they were elected.

FREQUENTLY ASKED QUESTIONS

1.         Can a member nominate himself/herself?

No.  The ULUC, Article VI, Section 1(f), clearly states that “[a]ll members nominated shall be nominated by another member in good standing. . ."  (emphasis added).

2.         Can offices be combined?

Sometimes.  The General President has the authority to grant variances and tolerances from specific provisions of the LIUNA Constitutions if he believes it necessary to fully accomplish an object or purpose of LIUNA or of its affiliates.  IUC, Article IX, Section 11(b).  Thus, if a Local Union believes that a combination of offices is reasonable and necessary, it must obtain express consent from the LIUNA General President in writing.  In the Matter of Local 220, IHO Order and Memorandum, 96-72P (November 22, 1996) describes the process for properly seeking a combination of offices.  A variance that was granted to allow a combination at a prior election is invalid and has no effect for a subsequent election.

3.         Can a Local Union decide not to fill one or more of the offices listed in ULUC Article IV, Section 1?

No.  In order to be relieved of the requirement to fill any office, a Local Union must obtain a written variance from the LIUNA General President.  For example, where a Local Union membership voted not to elect Auditors, the Independent Hearing Officer determined that this Constitutional requirement could not be avoided without a prior variance from the General President. In the Matter of LIUNA Local 1036, IHO Order and Memorandum, 95-27P (November 20, 1995).

4.         Can a candidate running for Business Manager separately run for District Council delegate?

No.  The Business Manager is a delegate to the District Council by virtue of his office. ULUC Article IV, Section 4(e)(11).  Therefore, if the candidate were allowed to run for both Business Manager and delegate, and won both, he would hold two delegate positions.  A member can be a candidate for both delegate and a Local Union office other than Business Manager, however, as the delegate position is not considered an office under the ULUC.  In the Matter of Local 762, IHO Order and Memorandum, 97-47P (January 27, 1998) and In the Matter of Local 942, IHO Order and Memorandum, 96-19P (October 25, 1996).

5.         Can retired members nominate candidates for Local Union office?

Yes, as long as they are still members in good standing.  Retired members have a strong interest in having their voices heard in Union affairs, which directly affect them and should be allowed to participate fully in the democratic process.  Retired members cannot, however, run for office themselves.

6.         Is an exact amount required when setting the salary and other compensation of Local Union officers?

Yes.  The compensation must be capable of precise verification.  For example, it is permissible to decide that officers will receive wage plus $2.00 because this amount is capable of precise determination.

7.         Must the ULUC's provisions concerning the nomination meeting be read to the members at the meeting?

There is no such requirement in the ULUC.  In the Matter of LIUNA Local 837, IHO Order and Memorandum, 95-08P (June 28, 1995).  If the Judges of Election feel the circumstances warrant it, however, you may read the relevant provisions to the members in order to familiarize them with the nominations process.

8.         If a member accepts a nomination for one office, can he or she later withdraw his or her acceptance if another member wants to nominate him or her for a subsequent office?

No.  Once a member accepts a nomination for one office, he or she cannot accept the nomination for another office.  In the Matter of LIUNA Local 837, IHO Order and Memorandum, 95-08P (June 28, 1995).  In fact, once a member accepts a nomination, the member cannot then remove him or herself from the ballot.  In the Matter of Local 270, SEO Order, 03-SEO-45 (August 22, 2003).  Obviously, however, a nominee may be removed from the ballot by the Judges of Election or the SEO if he or she is deemed ineligible to run for office.

9.         If the Judges of Election disqualify a candidate, are nominations reopened for that office or position?

Yes, but ONLY IF the disqualification results in there being no candidate for that office or position or, in the case of Executive Board Members, auditors or delegates to the District Council, fewer candidates than there are positions to be filled.  If nominations are reopened, the Judges of Election must immediately examine the new nominees and make a report as to their qualifications at the same meeting.

10.       If a member nominated as part of a "slate" is disqualified, must the Judges of Election reopen nominations to fill the slate?

No.  There is no provision in the LIUNA Constitutions which entitles candidates to a full slate.  In the Matter of LIUNA Local 304, IHO Order and Memorandum, 95-26P (October 26, 1995).

11.       Is a member who has transferred into the Local Union from another LIUNA-affiliate eligible to run in the next election?

A member who has transferred his or her membership into another Local Union is not eligible to be a candidate for office until he or she has been in continuous good standing for two years.  IUC, Article XXI, Section 5.

12.       What is the process for members to nominate a “slate” of officers?

As stated above, the LIUNA Constitutions do not directly address the issue of slate voting.  For the purposes of nominations, however, the Constitution provides that “[n]ominations shall be made in the following order: President, Vice President, Recording Secretary, Secretary-Treasurer, Business Manager/Delegate, Sergeant at Arms, Auditors . . .”  ULUC Article VI, Section 1(g).  Accordingly, members of a particular slate should be nominated individually, during the period of time where nominations are open for that particular office.  (For information about how to identify a slate of officers on a ballot, See Chapter 7 of this Guide under Frequently Asked Questions).

CHAPTER THREE

SCHEDULING THE ELECTION

The election must be scheduled at a time and place which ensures that all members have a reasonable opportunity to vote.  Reasonableness is the key word.  The Local Union is not expected to accommodate the individual schedules or locations of each and every member.  Frequently, what is reasonable depends upon the particular characteristics of the Local Union such as geographic jurisdiction or work schedules of the membership.

REQUIREMENTS

q                  The date of the election must be set by the Local Union membership.  The membership must also determine the location and the hours during which the polls will remain open.  These decisions must be made at the regular meeting of the membership in the month of May, following the nomination meeting.  See ULUC Article VI, Section 2(j).

q                  There must be at least fifteen (15) days between the mailing of the election notice and the date of election.  See ULUC Article VI, Section 2(j).

SUGGESTIONS

·                      Consider using more than one polling place if the membership is spread over a wide geographic area.  The election can be held over a two-day period, so all the Judges of Election can be present at both polling sites.  See also Frequently Asked Questions below.

·                      If the election takes place at more than one location, the Judges of Election should take caution to ensure the secured custody of the ballot box.  For example, when the ballot box leaves the first location, the box should be sealed in the presence of all candidates and watchers, and each Judge of Election should sign across the seal.  At the second voting location, the candidates and watchers should also be present when the ballot box is opened.

·                      If your Local Union has members that work different shifts, the polling place(s) should be open long enough to accommodate such schedules.  Be reasonable and consider how long it would take most members to get to the polling site either before or after their work shifts.

·                      If a substantial portion of the Local Union membership is non-English speaking, prepare all notices regarding the election in the appropriate native language except as otherwise proscribed by law.  English is the official language of the International Union, International Union Constitution, Article XXIV, Section 4.  The Independent Hearing Officer and some federal courts have ruled, however, that failure to provide bilingual election information may preclude the required reasonable opportunity to participate in the election process and may result in a rerun.

FREQUENTLY ASKED QUESTIONS

1.         In what month is the election normally held?

The membership must set the date of the election at the May meeting.  ULUC Article VI, Section 2(j).  The election need not be held in May, however.  In fact, depending on when the May meeting is held, holding the election in May might not be adequate time for election campaigning and preparation.  In most cases, the election is held in the month of June.

2.         What is reasonable in terms of polling hours and polling sites?

The statutory protection of the right to vote implies that each union member should have a reasonable opportunity to vote.  Thus, the local union is obligated to conduct its election of officers in such a way as to afford all its members a reasonable opportunity to cast ballots.   What is “reasonable” may depend on factors such as the distance between the members’ work sites or homes and the polling place, the means of transportation available, the nature of the members’ occupations, and their hours of work.  (29 C.F.R. § 452.94).

Accordingly, if your Local Union has a widespread membership, use of only one polling place may be a violation of the requirement to give all members a reasonable chance to vote.  For example, use of one polling site, located a great distance from many work sites, where mail balloting had been an option, led the Independent Hearing Officer to conclude that Union members had not received a reasonable opportunity to vote.  In the Matter of Local 576, IHO Order, 00-22P (May 26, 2000);  In the Matter of LIUNA Local 784, IHO Order and Memorandum, 97-02P (April 3, 1997), citing Donovan v. Local 41, International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America, 598 F. Supp. 710, 716-717 (W.D. Mo. 1984).  In another case, the Department of Labor vacated an election where the polls were open for only two and a half hours after members' normal working hours and some members worked from 60 to 125 miles from the polling site.  In the Matter of LIUNA Local 784, IHO Order and Memorandum, 97-02P (April 3, 1997), citing Hodgson v. Carpenters, Local 2287, Office of Labor-Management Standards No. 63-5616-7 (1970).  In another LIUNA case, In the Matter of LIUNA Local 1278, IHO Order and Memorandum, 97-29P (October 2, 1997), a Local Union used only one polling place, open from 11:00 a.m. until 7:00 p.m., on a working day, where many members were located as far away as four hours by car.  The Independent Hearing Officer determined that this arrangement did not give all the members  a reasonable opportunity to vote.  If your Local Union covers a wide geographic area, you might consider using multiple polling places, and/or holding the election on a Saturday, so it will not conflict with members' work schedules as much.  In contrast, the Independent Hearing Officer in In the Matter of Local 137, IHO Order and Memorandum, 98-37P (September 28, 1998), found that nine (9) days of voting at 25 sites is quite reasonable.  These are decisions which must be made based on the particular circumstances of your Local Union.

3.         May a Local Union use mail-in balloting?

Although Article VI, Section 3 of the ULUC requires in-person balloting, where a Local Union governs a wide geographic area, a request for a variance to use a mail-in ballot may be granted if a need to do so is demonstrated to the LIUNA General President. To determine when mail balloting is necessary for officer elections, consider the following: (1) the number of members remotely situated; (2) the geographic areas covered by the local; (3) whether members voluntarily assume the risk by locating outside the local’s jurisdiction; and (4) whether the local uses alternative voting procedures for other important union referenda or elections. In the Matter of Local 1279, SEO Order and Memorandum, 02-SEO-22 (August 28, 2002) (citing McGinnis v. Local Union 710, 774 F.2d 196, 203 (7^th Cir. 1985), the SEO found that a number of Local 1279's members were denied a “reasonable opportunity to vote” and ordered a rerun election by mail ballot). Only the LIUNA General President may grant a variance to use a mail-in ballot.  In the Matter of Local 5, IHO Order and Memorandum, 00-12P (May 5, 2000);  In the Matter of LIUNA Local 609, IHO Order and Memorandum, 95-15P (September 19, 1995).  If your Local Union receives such a variance from the General President, you will receive written guidance at that time.  There is no obligation to use mail-in ballots.  The Constitution and the LMRDA only require that members are given a "reasonable opportunity" to vote.   In the Matter of Local 724, Order and Memorandum Regarding Reconsideration, 98-53P (December 9, 1998).  A variance granted to allow the use of a mail-in ballot in a particular election will not carry over to any subsequent election, that is, a new variance must be obtained.

Keep in mind that the SEO decides protests of mail ballot elections as well as walk-in elections.  The SEO’s decisions in these matters therefore should be consulted for guidance in following proper mail ballot procedures.

CHAPTER FOUR

THE CANDIDATES

As a Judge of Election, you must determine whether a candidate is eligible to run for office.  Making this determination will probably be one of your most important tasks, sometimes requiring you to make difficult judgments.  Article V of the ULUC sets forth the qualifications for candidacy.  While your personal judgment is a valid part of a determination as to eligibility, you are cautioned that any error may damage the integrity of the process.  If an eligible member of your Local Union is erroneously determined to be ineligible to run for office (or if an ineligible person is allowed to run), the election might be successfully challenged even if every other aspect of the election process was done correctly.

REQUIREMENTS

1.         Procedural Rules

q                  Each member in good standing, subject to the reasonable rules, regulations and qualifications of the LIUNA Constitution, shall have the right to run for office.  Ethical Practices Code, Democratic Practices, Section 1.  The rules for conducting a Local Union election and candidate qualifications are set forth in ULUC, Article V.

q                  In order to run for office, a member must:

(a)        have been in good standing with LIUNA for two years prior to the nomination;

(b)        have been in good standing with the Local Union for two years prior to the nomination;

(c)        shall be a lawful permanent resident and shall be lawfully employable under the laws of the United States and Canada;

                                    NOTE: To be eligible to run for office, each candidate must present one (1) of the following: