A. Within seven days after the tally of the
ballots by the Board, a party may file with the Board an objection to the
conduct of the election or conduct affecting the results of the election. The
party filing the objection shall specifically set forth each fact and
allegation in support of the objection. The party filing the objection shall
simultaneously serve a copy of the objection on all other parties and file a
certificate of service with the Board. The party filing the objection shall not
raise in the objection an issue that was or could have been raised in either a
challenge to the petition or the pre-election hearing.
B. The Board shall not take further action on
an objection if the objection is not timely filed, does not comply with
subsection (A), or the number of challenged ballots is insufficient to affect
the election results and a run-off election is not required under
R4-2-217.
C.
1. Objections are not filed within
the time prescribed in subsection (A), or
2. The number of challenged
ballots is insufficient to affect the election results, and
3. A run-off election is not
required under
R4-2-217 .
If any objection meets the requirements of subsection (A),
the Board shall investigate objections to the conduct of an election or conduct
affecting the results of an election. If the Board determines that the
objection is valid, the Board shall decertify the election results. The Board
shall dismiss the objection if the Board determines that the objection is
invalid. Any action by the Board under this section shall comply with A.R.S.
§
23-1387(C).
D. If the Board decertifies the
election results or dismisses the objection under subsections (B) or (C), the
Board shall serve all the parties with its written decision. If the Board
dismisses the objection, it shall immediately issue a certification of the
results of the election, including certification or decertification of the
representative, as appropriate. An aggrieved party may appeal the Board's
decision as prescribed in Article 4, within 30 days after the party receives
the notice of the decision. The Board may extend the time for filing an appeal
for good cause.
E. In investigating
an objection, if the Board determines that substantial and material factual
issues exist that can be resolved only after a hearing, the Board shall issue a
Notice of Hearing. Any hearing under this subsection and any objection to the
resulting decision shall be initiated and conducted as prescribed by Article
4.
Notes
Ariz. Admin. Code §
R4-2-215
Adopted effective
December 26, 1995 (Supp. 95-4). Amended by final rulemaking at 9 A.A.R. 460,
effective January 21, 2003 (Supp. 03-1). Amended by final rulemaking at
28
A.A.R. 395, effective 4/5/2022.
