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Davis Local #7

Election Rules and Election Committee Procedures

Rev. 8/24/02 (PDF file)

These procedures are designed to ensure that Local 7 elections are conducted according to the Local constitution, the State constitution and generally accepted labor union practices. These procedures will apply for the first Local election under the Local Constitution, and will then be reviewed by the Local Executive Board and voted on to become By-Laws.

  1. PLANNING

    Review CUE Local 7 Constitution and the State Constitution as well as these election procedures for guidelines regarding nomination procedures, candidate rights and responsibilities, Election Committee responsibilities, etc. Remember that elections must be conducted in accordance with the Constitution and the law. Deviation or violation of the regulations can result in nullification of the entire election.

    Contact current officers to find out how your union's most recent election was conducted and if any problems occurred. A binder with examples of forms, tally sheets, etc. will be provided to the Election Committee.

    Meet with the entire Election Committee to develop a general timetable that allows adequate time for each stage of the election, and discuss specific duties for each member of the Election Committee. Ensure that all members of the Committee understand the duties and responsibilities of the Committee.

  2. ELECTIONS OR VOTES TO BE CONDUCTED BY MAIL

    • Develop a timetable for each step of the mail ballot election (ballot printing, mailing, return deadline, and counting) that allows adequate time for completing each phase. Establish a date and time by which voted ballots must be received in order to be counted and clearly announce this deadline in the voting instructions. Do not use a postmark date for the ballot return deadline date because a significant percentage of mail is not postmarked.

    • Update the Local's membership address list if necessary, to insure that the address for each member is correct. Review the union's most recent mailing to all members to determine if any pieces of mail were returned undelivered, make a list of members for whom new addresses are needed, and attempt to obtain updated addresses for those members. This membership list will also serve as the voter eligibility list and the list for preparing ballot packages to be mailed. You may work with Staff or other appointed/elected members to ensure an updated list.

    • Arrange for 2 separate post office boxes or post mailboxes (1 for return address for undeliverable ballots and 1 caller/virtual for receipt of voted ballots) to be used solely for the receipt and storage of voted ballots. Do not use the union's regular post office box or union office for the receipt of voted ballots. All Ballots must be picked up on the date and time of the deadline for ballot returns and at no other time. At least two members of the Election Committee shall be present when the ballots are picked up. A count of ballots picked up from the box must be done at that time and recorded on a tally sheet with signatures of the Election Committee members picking up the ballots. Candidates must be notified of the pick-up time and must be given the opportunity to be present during ballot pick-up.

    • Arrange a time to pick up any ballots received after the official ballot count. Two Committee members shall be present. The number will be recorded on the tally sheet. The ballots shall be bundled and clearly marked "Received after ballot deadline, not counted in the election results."

    • Start preparations for the mailing on the nomination packets and the ballot packets. Nomination packets do not need to include materials for a secret ballot vote. Ballot packets must include provisions for a secret ballot vote.

  3. NOMINATIONS & ELECTION NOTICE

    Prepare a nomination notice that specifies the process for submitting nominations, the offices to be filled and the job description/duties for each office. The nomination notice should also include the term of office, instructions for making a nomination and eligibility requirements for candidates and nominators as well as deadlines for nominations. For the first Election under the Local Constitution, a copy of the Election Procedures will be sent to each member in the Nomination Packet. Once the Executive Board adopts By Laws, other provisions may be made for reviewing the Procedures, e.g. web page, review in the office, etc.

    Notice of the timelines for the Election will be included in this packet. Election procedures should be sent at this time.

    Mail the nomination notice to all members in enough time to allow a reasonable opportunity for nominating candidates. [See Calendar for First Election.]

    Keep an accurate record of all nominations made including the names of nominators, nominees and positions for which they were nominated.

    Check the eligibility of nominators against the membership list. Allow another member the opportunity to make the nomination if the original nominator is determined not to be a member.

    Determine the eligibility of all nominees and obtain nomination acceptances or declinations from each nominee.

    Notify all eligible candidates of their nomination and request the preferred listing of each candidate's name or nickname on the ballot in accordance with the election rules. Advise any ineligible candidates in writing of the specific reason(s) for their disqualification.

    If there is only one candidate for an office, that candidate may be declared elected by acclamation. However, it is the policy of this local that the candidate supply a statement and their name and information be included in the ballot with notation that they are elected by acclamation. This information may be included after the information on contended positions.

  4. CAMPAIGN GUIDELINES FOR CANDIDATES

    Schedule a meeting of all Candidates and notify each candidate of the time and place of the meeting. Notify each candidate of the consequences of not attending the group meeting. See Attachment A.

    • Notify candidates of all election and campaign rules including the right to inspect, before the election, a list of all members and the right to have the union distribute campaign literature to members at each candidate's expense. Also advise candidates and current officers about the prohibition against the use of union and employer funds (including facilities, equipment, supplies, and campaigning on time paid for by the union or employer) to support any person's candidacy in a union officer election. See Attachment A.

    • Advise candidates of the date, time, and place for the preparation and mailing of ballot packages; information about any ballot package re-mailing; the date, time, and place of the ballot pickup at the post office and tally; and their right to have observers at each of these activities.

    • Make arrangements to comply with all reasonable requests by a candidate to distribute campaign literature to members at the candidate's expense. If necessary, the union should employ additional temporary staff or a professional mailer to handle requests.

    • Treat all candidates equally. For example, if any candidate is allowed to give a campaign speech at a local CUE meeting, all candidates must be given the same opportunity.

  5. THE MAIL BALLOT PACKAGE

    Each member should receive the following:

    A small envelope (3 5/8 x 6 1/2), either blank or printed with the words "Secret Ballot Envelope," to be used by the voter to enclose the marked ballot. Advise members not to place any identifying information on this envelope.

    A larger stamped envelope (4 1/8 x 9/12) to be used by the voter to return the Secret Ballot Envelope with the marked ballot sealed inside. It should be pre-addressed to the post office box for returned voted ballots and contain space for the voter to print his or her name and address in the upper left corner.

    An instruction sheet for completing the ballot. See Attachment B.

    A ballot, candidate statements, and any other election materials not previously mailed in the Nomination Packets.

    Election officials should insure that each voter is sent a blank ballot. Ballots should be checked (before and after printing) to insure that each candidate's preferred name is used and correctly spelled, each office indicates the correct number of positions to be filled, and each candidate is listed for the proper office in the correct order.

    Check the mail ballot packages carefully after they are prepared to make sure that all necessary items are enclosed and that the envelopes are properly addressed.

    Retain custody of the ballot packages until mailing and safeguard blank ballots throughout the balloting period. Election officials must be able to account for all ballots printed. The number of ballots printed minus the number of ballots issued to members (in the initial mailing as well as any additional mailing) must equal the number of unused ballots on hand at the end of the election.

    Mail a ballot package to every member. Ballot packages should be mailed to members at least 15 days prior to the date when they must be mailed back in order to be counted. Members must be given a reasonable time to receive, mark, and return ballots.

    Send ballot packages by first class mail to insure that all members receive ballots in a timely manner.

    Keep a list of the names and addresses of any members who request replacement ballots. Replacement ballot return envelopes should be marked with a special designation (such as "D" for duplicate) to alert election officials at the tally that these members have been sent more than one ballot. A record must be kept of all replacement ballots sent in response to requests.

    Plan for the pickup of ballots from the post office and the tally of ballots. Candidates have the right to have an observer present for the any ballot pick up and count. Determine the ballot counting method and voiding rules to be used and prepare tally sheets.

Counting Ballots

Pick up the envelopes containing the voted ballots from the post office box only at the scheduled date and time, allowing candidates to have an observer present. Under no circumstances should ballots be picked up by one member of the election committee, or by anyone other than election officials or without notice to all candidates. Verify voter eligibility at the tally site using the following recommended procedures:

Resolve any challenged ballots, if possible, before any ballot envelopes are opened and the counting begins. Election officials should keep a record of decisions made and explain the reason for each voter eligibility decision to observers.

Remove (but do not open) the Secret Ballot Envelopes from the return ballot envelopes after voter eligibility is established and thoroughly mix all of the Secret Ballot Envelopes together to preserve ballot secrecy. Observers should not be permitted to handle any envelopes or ballots.

Prior to the tally, election officials should decide what to do if a voter has not used the Secret Ballot Envelope. Election officials have two choices:

9) Election officials may decide to void a ballot if a voter has not used the Secret Ballot Envelope. (If this policy is adopted, include a warning to members in the voting instructions as illustrated on page 3 of this pamphlet, that a ballot will be voided if it is not returned in the Secret Ballot Envelope.)

OR

10) Election officials may decide to count these ballots, but they must take necessary steps to preserve secrecy. (In such cases, carefully remove the ballot from the return ballot envelope without allowing anyone to see how it is marked. Immediately place the ballot face down and mix it together with the other ballots after they are removed from the Secret Ballot Envelopes to preserve secrecy.)

Open the Secret Ballot Envelopes, remove and unfold the ballots, and place them face down. (If a Secret Ballot Envelope does not contain a ballot, make a notation to that effect on the envelope and set it aside. Remember to account for any such envelopes when determining the total number of ballots returned.)

Begin the actual counting of ballots after completing the voter eligibility check and attempting to resolve any challenged ballots. Count the votes on each ballot and enter the results on tally sheets.

Void the entire ballot if it contains information identifying the voter. Void only the particular office involved if voter intent is not clear or if too many candidates have been selected for an office.

Announce the tally results for each office. Report the number of valid ballots counted, the number of totally void ballots, and the number of unresolved challenged ballots.

Pack and seal in boxes all return ballot envelopes, Secret Ballot Envelopes, voter eligibility lists, tally sheets, and the used and unused ballots after the counting is completed and keep them for at least one year as required by federal law.

Return to the post office at a later date and pick up any ballots received after the deadline. Void (but do not open) any ballots received after the ballot return deadline, marking the ballot envelopes "Void - Received after Deadline." Retain these ballot envelopes with the other election records.

Rev. 8/24/02

Attachment A

 CUE - Davis, Local 7

Sample Election Regulations for Candidates

  1. You will be provided with copies of all election rules and regulations. You will have the opportunity to meet with the election committee, in attendance with all other candidates, to review the rules and regulations and to ask questions of the Election Committee.

  2. You are entitled to one mailing of campaign materials through the Election Committee at your own expense, i.e. you must prepay for printing, envelopes and postage. An estimate will be made of the cost and any remaining funds will be returned to you. You will receive a copy of all receipts for your records.

    You will be told at the meeting held for Candidates by the Election Committee what date your statements will be due, all deadlines for mailings, etc.

    Mailings are extremely expensive. You may choose to do a joint mailing with other candidates in order to split expenses.

  3. You are entitled to view the member mailing list one time during the period prior to the mailing of ballots to the members. You do not have the right to a copy of the list, or a list of the members mailing addresses.

  4. You must file a report of all expenditures for the campaign. Receipts must be filed with the report. The report will be due within one week of the ballot count. If you cannot produce the report by that time, a written explanation must be provided to the Election Committee with an estimated date for the filing of the report, e.g. you have long distance charges and have not received the bill.

    If you have spent no funds during the campaign, you must provide a written, signed affidavit to that effect.

  5. You may not solicit campaign contributions from any other union, any employer, CUE Statewide, other CUE Locals. Union funds may not be used to support any nominee.

  6. You may not have CUE Staff campaign for you on paid CUE time.

  7. There will be an Orientation meeting held with all candidates by the Election Committee. You will be expected to attend the meeting in order to have all regulations explained to you and have the opportunity to ask questions of the Election Committee. No meetings with separate candidates will be held by the Election Committee in order to insure that all candidates receive the same information and have the opportunity to hear answers to all questions. Copies of regulations will be mailed to candidates who do not attend the Orientation meeting.

    If you do not attend the meeting, please be aware that any violation of the rules shall not be excused because you failed to attend the meeting.

SUSPECTED VIOLATIONS OF THE ELECTION RULES WILL BE REPORTED TO THE ELECTION COMMITTEE AS PROVIDED FOR IN THE CUE LOCAL 7 CONSTITUTION AND/OR THE STATE ORGANIZATION CONSTITUTION. INVESTIGATIONS, ETC. SHALL BE CONDUCTED ACCORDING TO THE CUE LOCAL 7 CONSTITUTION AND THE STATE CONSTITUTION.
Rev. 8/24/02

Attachment B

Sample of Instructions for voters

Instructions For Mail Voting

Please read the following instructions carefully before marking and mailing your ballot:

IMPORTANT:
Mail your ballot in sufficient time for it to be received at Election PO Box on or before [date] at [Complete Election address]. Ballots received after [date and time] will not be counted in the final election results.
Rev 8/24/02

Job Description/Duties for each office

CHAIR RESPONSIBILITIES & DUTIES

Constitutional provision:

The Chair shall be responsible for overseeing all activities of the Local. S/he shall be responsible for overseeing all activities delegated to the Local from the state organization. The Chair shall ensure that all duties and obligations of the Local are carried out as required by this Constitution, Executive Board policy, and by law. The Chair shall make a quarterly report of his or her activities to the Executive Board. A copy of this report shall be made available to all members.

DUTIES

Chair meetings or delegate responsibility in cases of absence.

Ensure that all business is conducted in accordance with the Local Constitution and its By Laws and policies, the State Constitution where applicable and with Robert's Rules of Order where applicable.

Ensure that a yearly budget is prepared for Board approval and mailing to the members.

Ensure that the Executive Board meets at least 10 times per year.

Ensure that two General membership meetings per year are convened and call special meetings as needed.

With the Secretary, prepare agendas for meetings to deal with new and old business.

Authorize expenditures in accordance with budget and obtain Executive Board approval for any non-budget items and notify members as required in the Local Constitution.

Oversee general operation of union local to ensure efficient, professional operations.

Coordinate with Local representatives to the State Executive Board to ensure timely reporting to local on statewide issues.

Ensure that Local direction is provided to Local Representatives to the State Executive Board to assist them in voting on items before the State Board.

Act as representative for Davis local at statewide meetings, legislative events, Labor Relations meetings, etc. as needed.

In conjunction with members and Officers, develop long-range goals and objectives for the Local to aid with the budgeting and staffing. Ensure that all planning documents are reviewed and updated at least annually.

Oversee activities of standing and special committees.

Any other duties as required by the Local Constitution, its By Laws and policies.

VICE-CHAIR RESPONSIBILITIES & DUTIES

Constitutional Provision:

The Vice-Chair shall be responsible for assisting the Chair with oversight of local activities, duties and functions. S/he shall act as Chair in instances of the absence or illness of the Chair, or in instances of an unfilled vacancy. S/he shall assume other duties as requested by the Chair or the Executive Board. The Vice-Chair shall report to the Chair and the Executive Board as requested.

DUTIES

Perform duties of Chair in his/her absence or as assigned.

Assist with planning and implementation of local activities and events.

Act as liaison with statewide and/or local attorney.

Assist with the development of job descriptions and evaluation tools for staff.

Supervise and evaluate local staff.

Research and recommend training for local members and staff.

Research and recommend materials and software for local use.

Other duties as needed to ensure efficient and professional functioning of local and as assigned by the Executive Board.

STATEWIDE EXECUTIVE BOARD REPRESENTATIVES RESPONSIBILITIES & DUTIES

Constitutional Provisions:

The Local Representatives to the State Executive Board shall be responsible for attendance at all scheduled meetings of the State Board. They shall represent the interests of the Local on all discussions, proposals, and votes. Representatives shall consult with the Local Executive Board prior to all votes unless the timing of the presentation of proposals would prevent the Representatives from exercising their right to vote. Representatives shall report on discussions, proposals and votes as directed by the Local Executive Board.

DUTIES:

Ensure that the Local is aware of all business conducted at in-person or phone State Executive Board Meetings.

Meet with the Local Executive Board in-person or by phone to discuss and/inform the Board prior to voting at a State meeting, unless delay would prevent a vote being cast.

Provide the local Secretary with copies of all Minutes, correspondence, etc. for local files. Confidential personnel information should be excluded from the public file.

Provide the Local Executive Board with reports, recommendations, etc. as requested by the Chair or the Local Board.

Present reports, recommendations, etc. to the Statewide Executive Board from the Local Executive Board as directed by the Local.

TRUSTEE RESPONSIBILITIES & DUTIES

Constitutional Provisions:

Article V. Duties of Officers.

Section 6. The Trustee shall not serve in any other elected office at Davis Local 7 or the State Organization during the same period in which s/he serves as Trustee. Duties of the Trustee shall be:

k. To review all books and records of the Officers and Executive Board annually or by order of the Executive Board. The Trustee shall prepare a written report of his/her findings for the Executive Board within thirty (30) days of the conclusion of his/her review. The review shall be conducted according to generally recognized standards for Labor Unions and any applicable laws. The report shall be made available to the members.

l. To review, investigate, and make recommendations regarding the validity of any election protests pertaining to the conduct or outcome of an election. The Trustee shall prepare a report of his/her findings for the Executive Board no later than thirty (30) days after the protest has been lodged.

Article IX. Election Challenges and Protests.

Section 3. The Trustee shall investigate and make a written recommendation, as provided for in the Article V, Section 8.b of this Constitution, to the Executive Board.

Article X. Recall of Officer

Section 1. Any member may initiate a petition for the recall of any officer at any time during the term of the officer. In order to be valid, such petition must include a clear statement of the reason(s) for recalling the official(s) in question and must include at least one of the following; (1) having engaged in conduct or a course of activity hostile or contrary to the best interests of the union; (ii) willful violation of the constitution; (iii) misappropriation of funds; or (iv) malfeasance in office or neglect of duty, along with the signatures of a minimum of 30% (thirty percent) of the local membership. Such signatures shall be dated no more than thirty (30) days prior to the date of submission to the Trustee.

Section 2. Upon receipt of such petition, the Trustee shall notify the Executive Board who shall provide, within seventy-two (72) hours, all information necessary for verification that the signatures included on the petition are from local members.

Section 3. Having verified that a recall petition meets all criteria outlined above, the Trustee shall certify it a valid recall petition and, within two (2) weeks, take all reasonable steps to notify the General Membership of receipt of a certified petition for recall. Such notice to the General Membership shall include the reason(s) specified upon the petition, the names and positions of the officer(s) proposed for recall, a statement(s) from Officer(s) subject to the recall and the date of the recall vote.

Section 4. Any recall vote shall be held no sooner than two (2) weeks, but no later than two (2) months, from the date on which the Trustee has certified the recall petition. The recall election shall be determined by secret ballot and shall be conducted by mail. Within twenty-four (24) hours of the deadline for voting, the Trustee shall count all ballots received and announce the results. A successful recall shall be effective immediately upon the Trustee's announcement.

DUTIES

To conduct a yearly audit of the local checking account expenditures.

To ensure that all constitutional provisions are adhered to with regard to audits.

To ensure that all constitutional provisions are adhered to with regard to elections and recall of officers.

To conduct investigations and provide written reports as required by the Constitution on elections and recalls petitions.

To develop a policy and procedure manual for local audits to be approved by the Executive Board, to review, update and/or correct the manual as needed.

To make recommendations to the Treasurer and the Executive Board re local accounting procedures.

To review and report on the State Audit to the Executive Board and members if so directed.

Additional Information

As of August 2002, the finances handled directly by the Local consist of a checking account not to exceed a balance of $5000.00. The State Executive Board has voted on a bookkeeping model that controls local funds at the State level and provides for one Statewide Audit. Should that model change, the scope and duties of the Local Trustee would expand to the oversight of the auditing firm hired to perform a complete audit of all Local finances.

The Trustee may request that the Local Executive Board provide outside consultation and/or training on audit related issues. The Trustee may present a proposal to the Executive Board for consideration. The scope and cost of outside services will be dependent on available funding and the local approved budget in effect at the time.

TREASURER RESPONSIBILITIES & DUTIES

Constitutional Provisions:

The Treasurer shall be responsible for all aspects of accounting of local monies, including funds held in the local checking account.

The Treasurer shall be a signatory on all Local accounts. S/he shall review and reconcile all records for funds held for the Local by the state organization and for any funds invested on behalf of the Local by the state organization. S/he shall be responsible for preparing a budget for each fiscal year. The budget shall be presented to the Executive Board for approval. The approved budget shall be provided to the members each year.

The Treasurer shall provide any and all assistance required for audits to be conducted according to recognized auditing standards for Labor Unions. S/he shall provide any and all assistance for audits conducted by the Accountants of the State organization, its Trustees, and by the Local Trustee.

The Treasurer shall be responsible for safekeeping of the union's property. The Treasurer shall keep accurate records of all receipts and disbursements required by the Local and the State organization. S/he shall make reports to the Executive Board as requested. Reports shall be made available to the members.

DUTIES

Process requests for Local fund replenishments and other expenditures and forward to State Bookkeeper. Responsible for tracking and forwarding all receipts and other information to State bookkeeper.

Prepare yearly budget for Local and submit for Executive Board approval. Update as directed by the Executive Board. Prepare documents for distribution to the Members.

Sign local checks and obtain additional authorized signatures.

Authorize expenditures in accordance with the approved budget.

Bring requests and documentation for non-budget items to the Executive Board for approval. Prepare approved documents for distribution to the Members when necessary.

Track fund balances for Davis in Local account, State account and Savings Account.

Report to Local on a regular basis and as requested by Chair.

Act as contact person for Local on all financial issues.

Track process of State audit; ensure local has copies of the yearly Hudson Packet and State Trustee report.

Ensure that all records and information is made available to Local Trustee.

Bring recommendations to the Executive Board for improvement in accounting procedures.

Contact CUE accountants/auditors for information as necessary.

Track payroll expenditures and forward payroll forms to central bookkeeper.

Ensure that local has adequate insurance and verify adequate statewide coverage.

SECRETARY RESPONSIBILITIES & DUTIES

Constitutional Provision:

The Secretary ensures that minutes of Executive Board meetings, Standing Committee meetings and member meetings are recorded, approved and accessible to members. S/he shall be responsible for Member and Executive Board meeting agendas. S/he shall ensure that timely, accurate membership lists and mailing lists are available for the Local. S/he will facilitate timely reporting by all Standing Committees.

DUTIES

Ensure that minutes are taken at all meetings and prepared for approval in accordance with Roberts Rules of Order.

Maintain and index minutes in hard copy and on file for web page.

Obtain, file and index minutes from statewide meetings as needed.

Prepare agenda for meetings, tracking all old or unfinished business.

Maintain files of all contracts, insurance, etc.

Prepare and send notices of meetings, elections, etc. to members and/or jurisdiction.

Assist with maintenance of web page as needed.

Ensure pick-up and distribution of mail to appropriate person for action.

Prepare correspondence as needed.

Oversee clerical support staff and/or volunteers to provide for effective running of CUE.

Other duties as directed by the Executive Board, the Constitution, its By Laws and policies.

http://www.cueunion.org/davis/electproc.php        21-November-2008 12:44:56
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