Sec. 14.30.05.08. Conduct of Elections

A. The anonymity of ballots shall be maintained to the greatest extent possible.

B. On-Site Elections.

(1) Voting shall be scheduled during the work day whenever possible and polling places and voting times shall permit reasonable access by voters, so that no voter will have to travel an unreasonable distance to vote. State higher education employers shall grant reasonable release time to employees so that they can vote during their workday or shift.

(2) The Executive Director shall normally oversee the election. At the discretion of the Executive Director, the election may be overseen by an election judge who shall be a Board member or other designated individual who is selected based upon his or her qualifications and integrity.

(3) The Executive Director or election judge shall be solely responsible for:

(a) The conduct of the election;

(b) The regulation of the polling site and immediate environs including the designation of the boundaries of the polling areas;

(c) The maintenance of voting materials including ballots;

(d) The counting of ballots and recording of the results; and

(e) The certification of the accuracy of the ballot count.

(4) There shall be no electioneering of any kind within the marked and designated polling areas. The Board may set aside an election outcome favorable to a party who substantially and materially violates this provision.

(5) If there is more than one polling place, the Executive Director or election judge shall sequester ballots from each location until counted. Sequestered ballots shall be sealed in an envelope or other appropriate container and delivered to the counting location.

(6) The final certification of the accuracy of the ballot count shall be by the Executive Director.

C. Mail Ballot Elections.

(1) On the scheduled date for mailing ballots, the Executive Director shall mail to each eligible voter:

(a) An official ballot;

(b) A "Secret Ballot Envelope";

(c) A "Mail Ballot Envelope"; and

(d) Voting instructions.

(2) The voting instructions shall instruct the voter to return the ballot to the Board in the two envelopes as follows:

(a) The voted ballot shall be placed in the smaller envelope marked "Secret Ballot Envelope", which contains the name of the bargaining unit and any additional instructions required by the Executive Director;

(b) The smaller envelope shall then be placed in the larger "Mail Ballot Envelope"; and

(c) The "Mail Ballot Envelope" is then to be mailed or delivered to the Executive Director.

(3) The "Mail Ballot Envelope" shall be:

(a) Preaddressed;

(b) Postage paid; and

(c) Contain a space to identify:

(i) The voter by name;

(ii) The employer;

(iii) The bargaining unit;

(iv) The voter's signature; and

(v) Other information that the Executive Director may require.

(4) A ballot shall be disqualified if the voter fails to provide or destroys any required identity information on the "Mail Ballot Envelope".

(5) Each "Mail Ballot Envelope" shall be authenticated against the list of eligible voters when the ballots are counted.

(6) "Secret Ballot Envelopes" shall be removed from authenticated "Mail Ballot Envelopes" and deposited in a suitable container with other "Secret Ballot Envelopes" to preserve anonymity.

(7) After all of the authenticated "Secret Ballot Envelopes" are collected, the ballots shall be removed and counted at random and recorded in the presence of election observers.

(8) All challenges to mail ballots due to the identity or eligibility of the voter shall be raised before the removal of the "Secret Ballot Envelope" from the "Mail Ballot Envelope".