Sec. 14.30.05.13. Certification of Election Results

A. Service to Parties. Within 5 days of the election, the Executive Director shall prepare and serve on the parties a report of the election results which shall include the official tally of the ballots and a certificate of service.

B. Objections. Within 10 days after the report of election results has been served, any party to the election proceeding may file with the Board objections to the election procedure or to any conduct which may have improperly affected the results of the election. The objecting party shall include a specific statement of the reasons for each objection and any supporting evidence.

C. Determinative Challenges. In any election where there are sufficient unresolved challenges to affect the election results, within 10 days after the report of election results has been served, the party or parties making the challenges shall file with the Board a statement of reasons for each challenge and any supporting evidence.

D. Certification of Representative. The Board shall certify the results of the election within 15 working days after the report of election results and, within 5 days after the certification of election results has been served, the Board shall issue to the parties a certification of representatives if:

(1) The challenged ballots are insufficient in number to affect the results of the election;

(2) No objections have been filed; and

(3) No runoff election is required.

E. Investigation of Determinative Challenges or Objections. If the challenged ballots are sufficient in number to affect the results of the election or if objections are filed, the Executive Director, or other person designated by the Board, shall conduct an investigation and make a report and recommendation of findings to the Board on the merits of the objections filed or the validity of any determinative challenges.

F. Hearings. If the Board has reason to believe that the allegations or challenges may be valid, the Board shall order a hearing, if necessary, and make a determination on the findings made in the Executive Director's or the Executive Director's designee's report.

G. Final Board Action. After consideration of the findings made by the Executive Director and any hearing held, the Board shall certify the results of the election, issue a certification of representative, or overturn the results of the election and order a new election, as appropriate. The procedures of COMAR 14.30.11 shall apply to any hearing ordered.