(a) Under the provisions of section 401(c), each candidate must be
permitted to have an observer (1) at the polls and (2) at the counting
of the ballots. This right encompasses every phase and level of the
counting and tallying process, including the counting and tallying of
the ballots and the totaling, recording, and reporting of tally sheets.
If there is more than one polling place, the candidate may have an
observer at each location. If ballots are being counted at more than one
location or at more than one table at a single location, a candidate is
entitled to as many observers as necessary to observe the actual
counting of ballots. The observer may note the names of those voting so
that the candidates may be able to ascertain whether unauthorized
persons voted in the election. The observers should be placed so that
they do not compromise, or give the appearance of compromising, the
secrecy of the ballot. The observer is not required to be a member of
the labor organization unless the union's constitution and bylaws
require him to be a member. There is no prohibition on the use of
alternate observers, when necessary, or on a candidate serving as his
own observer. Observers do not have the right to count the ballots.
(b) The right to have an observer at the polls and at the counting
of the ballots extends to all candidates for office in an election
subject to title IV, i.e., this includes elections in intermediate
bodies as well as elections in locals and national and international
labor organizations.
(c) In any secret ballot election which is conducted by mail,
regardless
of whether the ballots are returned by members to the labor organization
office, to a mail box, or to an independent agency such as a firm of
certified public accountants, candidates must be permitted to have an
observer present at the preparation and mailing of the ballots, their
receipt by the counting agency and at the opening and counting of the
ballots.
(d) Paying election observers is the responsibility of the candidate
they represent unless the union has a rule providing for the payment of
observers. If the union does have such a rule, it must be uniformly
applied to all candidates.
