Iowa Code r. 621-5.2 - Eligibility-voter eligibility lists
(1)
Eligible voters. For certification, decertification,
professional/nonprofessional, or amendment of unit elections, eligible voters
are those employees who:
a. Were employed and
included in the bargaining unit on the date of the order directing an election
unless another date is agreed upon by the parties and the agency, and
b. Are employed in the bargaining unit on the
date of the election.
(2)
Certification, decertification, professional/nonprofessional, and
amendment of unit elections-eligible voter list.
a. List for determining fees. The agency will
determine the election fee based on the initial employer-provided list of
employees used to verify the showing of interest pursuant to 621-subrule
4.3(3).
b. Voter eligibility list.
(1) When the agency files an order that an
election be conducted, the employer shall, within seven days of the notice or
order, email to the agency an alphabetical list of the names; addresses; email
addresses, if known; telephone numbers, if known; and job classifications of
the employees eligible to vote. When a telephonic/web-based election is
ordered, the list of eligible voters shall also include the employee's date of
birth, the last four digits of the employee's social security number and any
other information required by the agency.
(2) The agency shall file the list of
eligible voters' names and job classifications. This list shall become the
official voting list for the election to be conducted. The agency shall provide
to the employee organization the voter list containing the employees' contact
information. The employer or employee organization shall email proposed
additions or deletions of employees' names, changes in job classifications,
addresses, contact information, or other eligible voter changes to the agency
and to the other party. The parties may further amend the list by
agreement.
(3)
Challenges.
a.
Voter eligibility
challenge. A party may challenge, for good cause, the eligibility of
any voter. The agency shall attempt to resolve the challenge. Whenever
challenged ballots are unresolved and determinative of the outcome of an
election, a hearing to determine the eligibility of the challenged voter(s)
shall be scheduled and conducted. After the conclusion of the hearing, the
board may, if necessary, order a new election, and the cost may be taxed to the
nonprevailing party.
b.
Methods and timing of voter eligibility challenges. A party
may challenge the eligibility of a voter by electronically filing a completed
voter eligibility form in the case file and in accordance with the following:
(1) In-person elections. A party shall
challenge a voter's eligibility prior to the time the voter deposits the
voter's ballot in the ballot box. In the event of a challenge, the challenged
voter may mark the ballot in secret, and the election agent shall segregate the
ballot by causing it to be placed in a challenged-ballot envelope with
appropriate markings and depositing it in the ballot box.
(2) Mail-ballot elections. A party shall
challenge a voter's eligibility prior to the time the outer envelope containing
the voter's secret envelope and ballot is opened. In the event of a challenge,
both the secret envelope and the outer envelope shall remain sealed until the
challenge is resolved.
(3)
Telephonic/web-based elections. A party shall challenge a voter's eligibility
prior to the end of the election period.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.