ARTICLE III - GENERAL ELECTION REQUIREMENTS
Section 1. All Union officers and alternates, including Local, and Statewide Officers, Directors, Assistant Directors, General Council delegates, and delegates to any international, national, or intermediary labor council or conference where the delegate will be given the authority to elect officers of that body, shall be elected by secret ballot. Certain officers will fill convention delegate slots as part of the duties of the position to which they are elected. (See Article IX, DUTIES OF OFFICERS.)
Section 2. Election of Alternates. In all delegate elections, the formula of a minimum of one (1) alternate for each two (2) delegates shall be followed. If an elected delegate or alternate cannot serve/attend the function to which they were elected, then the candidate with the next highest number of votes shall become the delegate. If there are no other candidates/alternates who ran in the same election, then the members shall be notified of a special election to fill the position. In such instances where a special election is necessary, the election could be called with a fifteen (15)-day notice to the members via worksite notices and election would be an onsite type election (ballot box/absentee ballots).
Section 3. In all statewide, and local elections for SEIU Local 503, OPEU or SEIU delegates, alternates shall be elected. Eligible voters are active members and semi-active members in good standing and eligible to vote in a particular election according to sections of these Bylaws detailing specific elections or staff members eligible to vote pursuant to Article II, MEMBERSHIP, Section 5, Staff Membership, of these Bylaws. Retired members in good standing with the Retiree Member Council and who were active members immediately before joining the Retiree Local, or had their active status reinstated by the Board in accordance with Article II, MEMBERSHIP, Section 4, Retiree Membership, of the SEIU Local 503, OPEU Bylaws, are eligible to vote in elections for officers of the Retiree Local and in Statewide Officer elections.
Section 4. All eligible voters in good standing may nominate candidates, be a candidate, and hold office subject to the restrictions in Section 3.
Section 5. A notice that nominations are open shall be distributed to all eligible voting members. The notice shall provide adequate time and opportunity for names to be placed in nomination and shall include, but not be limited to, the office(s) to be filled, duties of the office(s) or reference to where a description may be found, proper form for submitting nominations, and the date(s), time(s), and place(s) nominations will be accepted.
Section 6. A notice of election shall be mailed to each member at his/her last known address at least fifteen (15) days prior to election. The notice shall include, but not be limited to the date(s), time(s), and place(s) of the election, and the manner in which the ballots will be cast. There will be no proxy voting. It is the responsibility of the Union President to secure the integrity and accuracy of the secret ballot.
Section 7. Certain campaign rules, candidate rights, and limitations will apply at all levels.
(a) No Union funds derived from dues, assessments, or other levies may be used to promote any person's candidacy. No employer may make contributions of cash or anything of value, either directly or indirectly, to promote any person's candidacy. And, no employee of the Union shall give or lend any money, goods, or services to aid the candidacy of any person seeking election to an office at any level of the Union.
(b) Except as otherwise provided in these Bylaws, every member shall have the right to vote or otherwise support the candidates of such member’s choice without being subject to any penalty, discipline, improper interference or reprisal of any kind by the Union or any member, employee, agent or representative.
(c) Staff who are members of SEIU Local 503, OPEU, will be deemed to be in compliance with (a) and (b) above if their activities regarding campaigns do not occur during regular working hours or during any other hours in which staff are assigned to, or working on, union business of any kind.
(d) The Union will honor and comply with all reasonable requests by candidates to distribute campaign literature to eligible voters at the candidate’s personal expense. All candidates will receive equal privileges and opportunities to avail themselves of this service.
(e) Every candidate shall have the right, once within thirty (30) days prior to the election, to inspect a list containing the names and addresses of all Union members eligible to vote in that election.
(f) Candidates may be allowed to publicize their candidacy in Union newspapers or at membership meetings, provided equal access and opportunity are afforded all candidates and they are so notified in advance.
(g) Union funds may be used for notices of elections, factual statements related to the elections but not promoting one candidate over another, and for other expenses necessary for holding an election.
(h) Candidates shall be allowed to have observers at each polling place and at all phases of the counting and tallying of the ballots. If a mail ballot is used, candidates shall be permitted to have an observer present while ballots are prepared and mailed and when ballots are received, opened, and counted.
(i) The Union shall, through written Board policies, take adequate safeguards to insure fair elections at all levels of the Union.
Section 8. Except for ballots in Statewide Officer elections (see Article VI, STATEWIDE OFFICER ELECTIONS, Section 4 (i)), all ballots shall be counted by an Elections Committee appointed by the presiding officer of the electing body and the results certified by the members of the Elections Committee of the electing body. In statewide Union elections, results are certified by the Elections Committee and the Secretary-Treasurer of the Union. The certified election results along with the securely packaged ballots shall be forwarded to the Secretary-Treasurer of the Union, or designee, within fifteen (15) days following the election. The Union Secretary-Treasurer, or designee, shall insure timely publication of the election results. All ballots, envelopes, tally sheets, and related election materials shall be secured and kept for one (1) year.
Section 9. A challenge of an election must be filed within fifteen (15) days after the election results have been published. Challenges may be filed only by persons eligible to vote in the election. The challenge shall be presented in writing to the chair of the Member Representation Committee and must be signed by the challenger(s). The President shall place the challenge on the agenda of the next regular Board Meeting. Additional hearings may be scheduled with notice of time and place provided to challengers and opponents of the challenge. The burden of showing cause for setting aside the election is on the challenging parties. The Board shall issue a written statement of its findings and direct the Union Secretary-Treasurer to certify the election or order a new election. The Board shall render its decision no later than three (3) months following the original election. Challenged elections shall be considered valid until declared otherwise by the Board. If the election of a Board member is challenged, that Board member shall not participate in the deliberations or decisions of the Board. The challenged member may speak in opposition to the challenge.
Section 10. Every active member and every retired member under subsection (a) of Section 4, Retiree Membership, of Article II, MEMBERSHIP, of these Bylaws, as to Retiree Local elections, shall have the right to be a candidate, hold office, and vote for or otherwise support the candidates of such member's choice without being subject to any penalty, discipline, improper interference, or reprisal of any kind by the Union or any member, employee, agent, or representative thereof.
Scott
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"An intractable problem can only be resolved by stepping beyond conventional solutions." — Ozymandias

