8 CSR 40-2.170 - Runoff Election
(1) When the results of an election are
inconclusive, the chair may conduct a runoff election without further order of
the board. An inconclusive election is an election in which the ballot provides
for not less than three (3) choices (that is, at least two (2) employee
organizations and "neither") and results in no choice receiving a majority of
the valid ballots cast. Only one (1) runoff shall be held pursuant to this
section, unless the board directs otherwise.
(2) The ballot in the runoff election shall
provide for a selection among the two (2) or more choices receiving the largest
number of votes, the sum of whose votes aggregate at least one (1) more than
half of the total votes cast.
(A) Exception:
Where, in the original election, all choices receive an equal number of votes,
or where, two (2) choices having received an equal number of votes, a third
choice receives a higher but less-than-majority vote, the chair should declare
this election a nullity and conduct another (rerun) election with the same
choices on the ballot. If the second election results in another such nullity,
the petition should be dismissed; if the results of the second election require
a runoff pursuant to the principles set forth in section (2), a runoff should
be conducted.
(B) Further
Exception: Where two (2) or more choices receive an equal number of votes,
another receives no votes, there are no challenges, and all eligible voters
have voted, neither a runoff nor a rerun election should be conducted. A
certification of results should be issued.
(3) Employees who were eligible to vote in
the original election and who are in an eligible category on the date of the
runoff election shall be eligible to vote in the runoff election.
(4) Upon the conclusion of the runoff
election, the provisions of
8 CSR
40-2.160 shall govern, insofar as
applicable.
Notes
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