Conducting Local Union Officer Elections
A Guide for Election Officials

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Table of Contents

A Message to Local Union Election Officials

Chapters

1. Getting Ready
2. Nomination Notice
3. Nominations
4. Who May Run for Office
5. Candidates
6. Distributing Campaign Literature
7. Inspecting the Membership List
8. Union and Employer Funds
9. Right to Vote
10. Election Notice
11. Ballots
12. The Polling Place
13. Observers
14. Counting Ballots
15. Election Protests

Figures

1. Election Planner
2. Election and Campaign Rules
3. Nomination Notice
4. Candidate Eligibility Letter - Eligible
5. Candidate Eligibility Letter - Ineligible
6. Union and Employer Funds Prohibition Letter
7. Election Notice
8. Nomination and Election Notice
9. Official Ballot
10. Polling Place Diagram - Same Entrance & Exit
11. Polling Place Diagram - Separate Entrance & Exit
12. List of Polling Place Equipment and Supplies
13. Voter Sign-In Register
14. Guidelines for Challenged Ballots
15. Rules for Observers
16. Tally Sheet
17. Vote Summary Sheet
18. Guidelines for Counting Ballots
19. Guidelines for Voiding Ballots
20. Ballot Tally Certification

References

• LMRDA Title IV - Elections
• LMRDA Section 504
• Checklist for Conducting Local Union Officer Elections
• Electing Local Union Officers by Mail

A Message to Local Union Election Officials

Congratulations! You have been selected to serve as an election official in your union. You may have volunteered, been elected by the membership, appointed by your union’s president, chosen by one of the candidates, or maybe you were “drafted” to serve in this role. In any event, during the upcoming weeks you and your fellow election officials will be entrusted with the responsibility of providing members with the opportunity to exercise the most fundamental of union rights, the right to elect their union’s officers by secret ballot. Don’t underestimate the importance of your role — you are an essential part of the democratic process. The persons elected to office will help shape the future of your union as they handle the union’s finances, are involved in contract negotiations and grievances, and conduct other business affecting the welfare of your union’s members.

Your Role

As an election official, you will be responsible for conducting your union’s election of officers in accordance with federal law and your union’s constitution and bylaws. In doing this, you will have several different roles — rule maker, communicator, and judge. You will need to be patient, knowledgeable, organized, firm, and, most of all, impartial. At times, your hard work may seem thankless. But remember, your job is not to please everyone but to run a fair and honest election.

Throughout the election process, election officials should be guided by three principles. First, you should be fair and impartial, treating all candidates equally and avoiding any acts of favoritism or even the appearance of favoritism. You should maintain a businesslike relationship with all candidates even if you work with or are personal friends with any of them. Second, you must follow the election provisions in your union’s constitution and bylaws as well as any other union election rules as long as they are not inconsistent with federal law. Finally, you should uphold American democratic traditions by protecting the right of every member in good standing to nominate candidates, run for office, and vote by secret ballot for officers of your union.

What’s in This Guide

This Guide has been prepared by the Office of Labor-Management Standards (OLMS) of the U.S. Department of Labor (DOL) to help election officials plan and conduct local union officer elections. The Labor-Management Reporting and Disclosure Act of 1959, as amended (LMRDA), establishes certain rights for union members and contains provisions to insure union democracy and financial integrity. In particular, Title IV of the LMRDA sets forth basic democratic procedures which unions must follow in conducting their officer and delegate elections. OLMS has also issued regulations interpreting the LMRDA election provisions.

The Guide is designed to be an easy-to-use reference based on the law and regulations as well as the knowledge and experience of OLMS staff. It will take you step by step through the election process, help you to identify your responsibilities during each step, and provide suggestions to make your job easier. Except for the first and last chapters, each chapter is divided into three parts. “Requirements” has essential information about the standards for conducting elections, “Suggestions” provides practical tips for election officials, and “Common Pitfalls” warns of mistakes often made in union elections. Each chapter ends with the applicable provision of the LMRDA, a place to insert any related provisions of your union’s constitution and bylaws, and a space for notes.

Many of the chapters in the Guide are followed by Figures (such as sample election notices) relating to the subject being discussed. Two fictitious unions (Factory Workers Local 888 and Local 999) are used in several of the Figures to illustrate recommended nomination and election procedures for a typical local union. Your union may want to adapt some of these Figures for use in its own election. Included as a reference following Chapter 15 is the text of LMRDA Title IV - Elections and Section 504 - Prohibition Against Certain Persons Holding Office. Also included for your use is a Checklist for Conducting Local Union Officer Elections.

We realize that unions operate differently, using different constitutions and bylaws and election procedures, and that election officials have varying degrees of responsibility. Therefore, not all the information in the Guide will apply to all unions. For example, some election officials will not be involved in the election process until nominations are completed, while others may be involved earlier. Likewise, the guidelines set forth in Electing Local Union Officers by Mail at the end of this Guide apply only to unions which elect officers by mail or use absentee ballots.

Who Should Use This Guide

This Guide should be used by the union officials responsible for conducting officer elections. The general term “election officials” is used to refer to tellers, election committee members, election judges, etc. Although the Guide covers the “basics” and is geared primarily to election officials with little or no experience in running an election, it can also be helpful to more experienced election officials. Don’t assume that your union’s prior elections were conducted in accordance with all requirements of federal law because no election protests were ever filed. Violations of federal law may have occurred but no one complained about them. If the same mistakes are repeated, the election may be successfully challenged by a losing candidate or other member of your union.

How to Use This Guide

Election officials should become familiar with the contents of this Guide as soon as possible after being selected. An initial review of the Guide will provide an overview of the election process and point out all the steps involved in conducting a fair and impartial election.

You are not expected to remember all the rules for conducting elections after reviewing this Guide. Instead, before each stage of your union’s election read the applicable chapters to better understand election requirements and your responsibilities and consult the Guide frequently during the election process. Although we have tried to include all necessary information, the Guide does not specifically address every situation that may develop. Some elections may involve complex or unusual issues requiring you to seek further assistance.

Seeking Assistance

If you need advice or have questions about election requirements in your union’s constitution and bylaws, you may wish to contact your union’s parent body for help. In addition, OLMS employees in the field offices listed at the end of this Guide can answer your questions about the LMRDA, related regulations, and other information in this Guide. However, OLMS does not interpret specific provisions in union constitutions and bylaws or directly participate in or conduct union elections except in certain situations described in Chapter 15.

Getting Started

Now that you are familiar with the purpose and contents of this Guide and how best to use it, it’s time to get started. Read Chapter 1 and begin preparing for your union’s election of officers. Good Luck!

Chapter 1: Getting Ready

At the beginning of nominations and the election, your job as an election official may seem overwhelming. However, if you think of the election process as occurring in various stages and understand your responsibilities at each stage, the entire process becomes more manageable. At this early stage in the process, preparation is most important since good planning and organization are key ingredients to conducting a fair election. This chapter outlines the first steps election officials should take to prepare for the election, including meeting with other election officials to determine specific election responsibilities, reviewing materials used in prior union elections, obtaining certain information from current officers of your union, and scheduling important nomination and election activities.

Determining Election Responsibilities

The first step in getting ready to conduct an election is to determine your specific responsibilities as an election official. After being selected, election officials should arrange a meeting or discuss their roles by telephone as soon as possible. They should select a chairperson or leader if one is not already designated. If none of the election officials has ever conducted an election before, consider contacting members of your union who have served as election officials in prior elections to discuss their experiences, both positive and negative. Election officials may also wish to contact the union’s parent body to seek advice or information as needed about your nomination and election responsibilities.

Reviewing Materials from Prior Elections

After determining their general responsibilities, election officials should obtain and review the following:

• Your union’s most recent constitution and bylaws, especially those provisions dealing with good standing, voter and candidate eligibility, notices to the membership, and any other officer election requirements. Each election official should have a copy to refer to as necessary throughout the election process. Any other union election rules should also be reviewed.



• Notices of election, ballots, tally sheets, and any correspondence used in your union’s prior elections which may serve as models to use in this election.

Election officials should also review the sample letters, notices, ballot, tally sheets, and other nomination and election materials included as Figures in this Guide which may also be adapted for use in your union’s election.

Meeting with Current Officers

Well before the election process begins, it is very important that you and your fellow election officials meet with the current officers of your union to:

• Seek their cooperation and support. Make sure that they understand that you must remain impartial and that they are not entitled to any additional information, special privileges, or considerations because they are current officers.



• Find out if any problems occurred in the union’s most recent nominations and election such as complaints about the polling site, voting hours, or voter eligibility. If so, ask the current officers for recommendations about how to avoid these problems in the upcoming election.



• Discuss which election responsibilities will be handled by the officers and/or union staff. For example, who will update the membership address list and who will mail election notices to all members?



• Determine the person in the union you should deal with to obtain election-related supplies and necessary information.



• Decide who will prepare the voter eligibility list, when it will be available, and the number of copies necessary. Keep in mind that the list must be up-to-date and contain the names of all members eligible to vote according to the provisions of your union’s constitution and bylaws.



• Identify appropriate employer contacts who can provide any necessary information regarding voter or candidate eligibility or who can grant approval for use of employer facilities as polling places.



• Determine if and when “lost time” or other union payments will be made to election officials. For example, will the union pay lost time for election officials to prepare and mail campaign literature in response to requests from candidates?

It is important that election officials obtain this information early in the process and deal with the current officers “up-front” in order to avoid any misunderstandings and problems later.

Scheduling the Election

After meeting with the current officers, election officials should meet as a group to make some important decisions. First, you must decide where and when the election will be conducted, following any applicable provisions in your union’s constitution and bylaws. If the election will be at a polling place, you must select a polling location(s) and set the hours of voting to provide a reasonable opportunity for all members to cast ballots. Remember to select a polling location based on suitability, not just because a site was used in prior elections.

If the election will be conducted by mail, determine when, where, and by whom the ballot packages will be prepared and mailed, after thoroughly reviewing the information in Electing Local Union Officers by Mail at the end of this Guide.

Next, election officials should develop a detailed timetable which lists all important election-related dates and deadlines. An Election Planner is included in this Guide as Figure 1 to assist you in planning the important dates for the election. By starting with the election date and working backward, you can establish the dates of all major events such as the posting/mailing of the nomination notice, the nomination meeting, nominee acceptance deadline, mailing of the election notice, preparation and printing of ballots, and the ballot tally. In preparing the timetable, include time frames or deadlines specified in your union’s constitution and bylaws and remember to consider holidays and weekends. After the timetable is established, election officials should decide who will be responsible for completing the various tasks outlined in the Election Planner.

Additional Suggestions

Based on experience in investigating and supervising union officer elections, OLMS offers these additional suggestions to make conducting the election easier:

• Keep notes, copies of election materials, and records of decisions and actions taken throughout the nomination and election process. These records will serve to refresh your memory if any decision is later challenged or you are called upon to explain your actions and will also help others who conduct your union’s future elections.



• Meet regularly to confirm that all required tasks are being completed and to discuss problems and other concerns. Review and discuss the contents of this Guide at each stage of the nomination and election process to make sure you understand your role and responsibilities.



• Develop a written set of rules setting forth both the significant dates in the nomination and election process and the guidelines to be followed by all parties during the election period. Figure 2 - Election and Campaign Rules is a sample set of rules for a fictitious union.



• Give copies of the election rules to all candidates and keep them informed of your decisions and any rule changes. Many problems which occur during union officer elections are caused by a lack of communication. You will find that members and candidates are less likely to challenge the election if you adequately explain the election rules and procedures in advance.



• Encourage candidates, observers, and members to raise any questions or problems about nomination or election procedures as soon as possible so that election officials have a chance to remedy any problems or make any necessary changes in the election rules.

Don’t put things off until tomorrow. Investing a little time early in the process, pinpointing specific tasks and the persons responsible for completing them, and working as a team will result in a better-run election and will make your job as an election official easier and more rewarding.

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Figure 1:

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Figure 2:

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Chapter 2: Nomination Notice

For some election officials preparing a notice of nominations is the first step in the election process. Since federal law requires that unions give members a reasonable opportunity to nominate candidates of their choice, election officials must provide a timely notice of nominations to all members, even if the union’s constitution and bylaws indicate that nominations will occur in a predetermined month. Although the law does not define what constitutes reasonable notice of nominations, U.S. Department of Labor regulations require that the nomination notice be given in a manner reasonably calculated to reach all members in good standing. In some cases election officials may have to make a special effort to notify members, but in most unions it is a relatively easy task to make sure that all members know about nominations and have an opportunity to participate.

Requirements

• The nomination notice should specify the offices to be filled in the election (and identify any offices for which the officer is a delegate by virtue of election to office). It should also include the date, time, place, and method for submitting nominations (by mail, petition, or orally at a meeting including details such as whether a nomination must be seconded, number of signatures required on a petition, etc.). See Figure 3 - Nomination Notice.



• A number of methods may be used for giving notice of nominations including: mailing a notice to the last known home address of each member, timely publishing a notice in the union’s newspaper, posting or distributing a notice at the work site(s), or other methods reasonably calculated to inform all members in good standing.



• The nomination notice (unlike an election notice) does not have to be given at least 15 days before nominations but the notice must be given in accordance with any requirement in the union’s constitution and bylaws and must allow enough time for members to have a reasonable opportunity to nominate candidates of their choice.



• A union must take steps to notify sick, laid-off, or other nonworking members who may be eligible to nominate candidates but who might not ordinarily see a notice posted only at the work site(s) or union hall.



• A union may mail a combined notice of both nominations and election if it gives members a reasonable time to nominate candidates and also meets all the requirements for election notices. See Figure 8 - Nomination and Election Notice.

Suggestions

• In order to prevent any misunderstandings, the nomination notice should also provide any necessary information about the term of office; instructions for making, seconding, and accepting nominations; and eligibility requirements for candidates and nominators.



• Since a union must give reasonable notice of nominations, all members should be informed in advance of new candidate eligibility requirements and any changes to the requirements.



• If your union has decided to waive (not enforce) a candidate eligibility requirement in its constitution and bylaws, it should notify all members of this decision in the nomination notice.



• Election officials should obtain a copy of the nomination notice used for their union’s most recent election. If this notice contains the required information, election officials may wish to follow the same format.



• After the nomination notice is prepared, all election officials should review it carefully to be sure that it contains no mistakes and all necessary information is included.



• Election officials should make the necessary arrangements for distributing the nomination notice with union officers or staff well in advance of the day the notice is to be distributed.



• If election officials do not distribute the nomination notice, they should insure that it is properly distributed by other union officials.



• If the union newspaper is used to give notice of nominations, the notice should appear in a conspicuous place in the newspaper. Election officials should advise the editor of the newspaper that the notice must be given a prominent position.



• Election officials should retain a copy of the nomination notice for at least one year after the election and keep a record of the date and method(s) of distribution.

Common Pitfalls

• Failing to notify sick or laid-off members about nominations.



• Waiving (not enforcing) candidate eligibility requirements without providing adequate notice to the membership.

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Figure 3:

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Chapter 3: Nominations

Nominating candidates for union office is an important part of the democratic process. As noted earlier, election officials in some unions may not play any role until after nominations are completed while in other unions they have certain nomination responsibilities such as checking candidate eligibility. Federal law requires that members be given a reasonable opportunity to nominate the candidates of their choice. To do this, election officials (or other responsible officials) must not only provide a timely notice of nominations as discussed in Chapter 2, but must also use procedures which give all members a reasonable opportunity to make nominations. Although most unions hold a nomination meeting, the law does not require that any particular nomination procedure be used. A union is free to choose any method which provides members a reasonable opportunity to nominate; however, the nomination procedure used must follow the provisions of the union’s constitution and bylaws.

Requirements

• Various procedures can be used to provide a reasonable opportunity to nominate candidates (including nominations from the floor at a nomination meeting, by petition, by mail, etc.) provided that the procedure is fairly applied.



• If nominations are conducted at a meeting, the meeting must be held at a date, time, and place which allow members a reasonable opportunity to attend. Arrangements must be made for members working on different shifts or at distant work sites such as holding more than one nomination meeting or allowing nominations by mail.



• If nominations are conducted at a meeting, no quorum requirement may be imposed.



• If a union requires nominators (and members seconding nominations) to be members in good standing, their eligibility must be checked at the nomination meeting in order to allow an eligible member the opportunity to make the nomination if the original nominator is not in good standing.



• If nominations are made by a nominating committee, a union must also provide an opportunity for members to nominate candidates such as accepting nominations from the floor at a meeting.



• If self-nomination is permitted, a union must provide another method of nomination so that a member may also nominate someone else.



• If nominations are by petition, the number of signatures required must be reasonable considering the size and geographic dispersion of the membership. A reasonable period of time for candidates to collect signatures must also be provided.



• If a nominee is unopposed after the union has provided reasonable opportunity for nominations, the union does not have to include that position on the ballot if write-in votes are not permitted by the union’s constitution and bylaws, applicable resolutions, or the established practice of the union. (If nominees for all offices are unopposed under these circumstances, no election is necessary.)

Suggestions

• A union should not require that members be present at a nomination meeting in order to be nominated.



• If nominations are conducted at a meeting, consider having an election official rather than a union officer chair the nominations portion of the meeting to avoid any charges of favoritism when nominators are being recognized.



• The person chairing the nomination meeting should open nominations for each office separately, give all members ample chance to make nominations for each office, and keep order during the meeting.



• After each nomination is made, the person conducting nominations should determine if the nominee is present and accepts nomination in order to prevent any misunderstanding about who is running for which office (especially if someone is nominated for more than one position but is allowed to run for only one office under the union’s constitution and bylaws).



• If your union requires a nominee to formally accept nomination, an acceptance procedure with a reasonable deadline should be established and announced in advance. Any nominee who is unable to attend the nomination meeting should be allowed to submit a written acceptance.



• Election officials should keep a complete and accurate list of the name of each nominee, the office to which nominated, and the person making the nomination (and members seconding nominations, if applicable).

Common Pitfalls

• Failing to provide an opportunity to nominate to members unable to attend the nomination meeting due to work schedules, distance, etc.



• Failing to provide an adequate time period for submitting nominations if nominations are by mail or petition.



• Disqualifying a nominee because the nominator was not in good standing and failing to reopen nominations for that office.

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Chapter 4: Who May Run for Office

Determining candidate eligibility will probably be one of your most important tasks as an election official, sometimes requiring you to make difficult judgments. Federal law provides that every union member in good standing is eligible to be a candidate and hold office subject to reasonable qualifications in the union’s constitution and bylaws such as working at the trade or being in continuous good standing for a specific time period. Any qualifications must be applied uniformly to all candidates. As an election official you may be responsible for determining which nominees are eligible to appear on the ballot and, if so, you must be familiar with your union’s candidate qualifications as well as the requirements of the LMRDA. If an eligible member is improperly denied the opportunity to run for office (or an ineligible person is permitted to run), the election might be successfully challenged even if everything else in the election was done correctly.

Requirements

• “Member in good standing” means any person who has fulfilled the requirements for membership and who has not voluntarily withdrawn nor been expelled or suspended by the union. In most unions “good standing” requires the timely payment of dues.
  
  
• Any qualification which restricts a member’s right to seek or hold office must be in the union’s constitution and bylaws or other union rules. Unwritten requirements may not be used to disqualify a candidate. Since unions must give reasonable notice of nominations, all members should be informed in advance of new candidate eligibility requirements and any changes to the requirements.
  
  
• Candidate eligibility requirements must be specific enough so that any member can determine in advance whether or not he or she is qualified to be a candidate.
  
  
• All candidate eligibility requirements must be applied uniformly to all nominees. A requirement cannot be modified or waived (not enforced) for one candidate and not for others. However, if no eligible person is nominated for a particular office, a union may choose to waive a requirement for that office only.
  
  
• A candidate eligibility requirement may not be applied retroactively if it would result in members having no opportunity to satisfy the requirement.
  
  
• Section 504 of the LMRDA prohibits persons convicted of certain crimes from holding union office for a maximum of 13 years following conviction or the end of imprisonment (whichever is later).
  
  If necessary, review Section 504 at the end of this Guide for a list of the crimes which will cause persons to be prohibited from holding office and the circumstances under which a federal court can lift the prohibition. Questions about Section 504 should be directed to your union’s parent body or OLMS.
  
  
• A member whose dues have been checked off by the employer may not be disqualified because of a delay or failure by the employer to send the dues to the union. However, a member on checkoff who has no earnings from which dues can be withheld may be held responsible for paying dues directly to the union in order to remain in good standing.
  
  
• A union may require members enrolled in a bona fide apprenticeship program to complete their apprenticeships before they are eligible to run for office.
  
  
• A union may not limit eligibility for a general office, such as president, to a particular branch or segment of the union if the restriction deprives members who are not in the branch or segment of the right to hold that office. However, if a position represents a unit defined on a geographic, craft, shift, or similar basis, a union may limit candidate eligibility to members of that unit.
  
  
• Members who are supervisors on a permanent basis may not hold union office.
  
  
• Candidate eligibility requirements based on race, color, sex, religion, national origin, or a maximum age may not be imposed by the union.
  
  
• U.S. Department of Labor regulations prohibit candidate eligibility requirements which would require candidates: to pay a filing fee, to make a declaration of candidacy several months in advance of the nomination meeting, or to have prior service in a lower office in the union.
  
  
• If a union has a qualification requiring a certain period of prior membership, it must give credit for prior membership in another affiliated local to any member who was involuntarily transferred into the union.
  
  
• If a union has a “working at the trade” qualification requiring a member to be employed in the industry in which the union has collective bargaining agreements, the union should consider an unemployed member who is actively seeking employment in the trade to be “working at the trade.”
  
  
• If a union has a “continuous good standing” qualification based on the timely payment of dues during a specified time period, the union must provide a reasonable grace period during which members may make up missed payments without losing eligibility. For example, thirty days would be a reasonable grace period.
  
  
• If a union has a “meeting attendance” qualification, the following factors should be used to judge the reasonableness of the requirement: the frequency of meetings; the number of meetings which must be attended and the period of time covered by the requirement; the nature, availability, and extent of excuse provisions; whether members have an opportunity to attend meetings; and the impact of the qualification.
  
  If a meeting attendance rule disqualifies a large number of members from candidacy, that large antidemocratic effect alone may be sufficient to make the requirement unreasonable.
  
  

Suggestions

• Election officials should carefully review the constitution and bylaws or other union rules to determine the specific candidate eligibility requirements which will be applied in the election.
  
  
• Your union should maintain adequate and reliable records to verify that each nominee meets or fails to meet the candidacy requirements.
  
  
• If any questions arise about a candidate eligibility requirement, election officials should seek interpretations from parent body officials or guidance from prior election officials.
  
  
• If election officials believe that a candidacy qualification in the union’s constitution and bylaws may be unreasonable, they should consult with the local or parent body official responsible for interpreting the provision to discuss whether it should be waived (not enforced).
  
  
• If your union has decided to waive (not enforce) an eligibility requirement in its constitution and bylaws, it should notify all members of this decision in the nomination notice.
  
  
• After nominations, election officials should review appropriate union records (such as dues payment records) to determine whether each nominee is eligible to be on the ballot.
  
  
• If necessary to resolve candidate eligibility questions, election officials should contact the employer to review employment records.
  
  
• Working as a team, election officials should reach agreement on the eligibility of all candidates and keep a record of eligibility information, such as a list of dues payments missed by each nominee.
  
  
• After checking and making decisions about candidate eligibility, election officials should notify each candidate in writing of their final determination on eligibility. Ineligible candidates should be notified of the specific reason(s) why they are not eligible to hold office. See Figures 4 and 5 - Candidate Eligibility Letters.
  
  

Common Pitfalls

• Making eligibility determinations without carefully checking applicable union or employer records for all candidates.
  
  
• Not applying candidate qualifications uniformly to all candidates.
  
  
• Failing to consider part-time employment and periods of disability and lay-off status in determining whether a member is “working at the trade.”
  
  
• Failing to consider dues checkoff payments which were received late from the employer in determining whether a member meets a “continuous good standing” requirement.
  
  

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Figure 4:

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Figure 5:

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Chapter 5: Candidates

After nominations are completed, candidates usually begin to campaign in earnest, meeting voters, making speeches, and distributing their campaign literature. Conflicts and problems sometimes arise during the campaign period and, in order to deal with them, election officials must be knowledgeable about campaign rules and the basic rights of candidates under federal law. For example, the union is bound by a general rule of fairness — if one candidate is given a certain opportunity or privilege then all other candidates must be given the same opportunity or privilege. Election officials must not discriminate among candidates and should not appear to favor any current officers who are candidates. Election officials must maintain a businesslike relationship with all candidates even if they are personal friends, work associates, or political foes. To avoid misunderstandings and insure that candidates are treated equally, election officials should develop campaign rules, inform all candidates about them, and enforce the rules uniformly.

Requirements

• The union must provide a reasonable period prior to the election during which candidates and their supporters may campaign. What is a reasonable period of time depends upon the circumstances, including the method of nomination, the number of members in the union, and its geographic area.
  
  
• Equal opportunity to campaign must be provided. For example, if one candidate is invited to speak at a union meeting, all candidates for the same position must be invited to speak at the meeting for the same length of time. Likewise, a union should not allow one candidate to place a campaign article in the union newspaper without first notifying other candidates that they too may campaign in this way.
  
  
• The union must provide adequate safeguards to insure a fair election. Campaign rules must be the same for all candidates.
  
  
• Upon making a reasonable request, each candidate is entitled to have his or her campaign literature distributed to members by the union at the candidate’s expense. See Chapter 6 - Distributing Campaign Literature.
  
  
• Once within 30 days before the election, candidates must be allowed to inspect (not copy) a list of members subject to a collective bargaining agreement which requires membership in the union as a condition of employment. See Chapter 7 - Inspecting the Membership List.
  
  
• A candidate has a right to a copy of the union’s list of employers only if another candidate uses the union’s list of employers for campaigning. (However, under Section 104 of the LMRDA, a member is entitled to review all collective bargaining agreements to which the union is a party.)
  
  
• Union/employer funds and resources of any type may not be used to support the candidacy of any person in a union officer election (including campaigning on union time by union officials). See Chapter 8 - Union and Employer Funds.
  
  
• Candidates are entitled to have observers at the polls and at the tally of ballots. See Chapter 13 - Observers.
  
  

Suggestions

• Your union may adopt additional campaign rules as long as they do not conflict with federal law.
  
  
• Election officials should inform all candidates of the election rules and procedures as soon as possible. See Figure 2 - Election and Campaign Rules.
  
  
• Election officials should also consider holding a meeting with candidates to discuss all election and campaign rules and to answer any questions.
  
  
• Election officials should advise candidates about the prohibition against the use of union and employer funds. Election officials may also wish to encourage candidates to keep records of campaign contributions and expenses so that any allegations of improper use of union or employer funds can be resolved.
  
  
• Current officers and union employees should be cautioned to take vacation time or a leave of absence if they are going to campaign during work hours, especially on election day.
  
  
• Candidates should be asked how they would like their names to appear on the ballot.
  
  
• If election officials decide to allow one candidate to campaign in some way that was not previously announced, they should immediately notify all other candidates that they will be allowed the same privilege.
  
  
• Election officials should, to the extent possible, attempt to insure that the employer(s) treats all candidates equally with respect to access to work sites for campaigning.
  
  
• Election officials should be courteous but firm with all candidates and avoid confrontations if possible.
  
  
• although election officials cannot control candidate behavior, they should encourage candidates to act in a responsible manner and to raise any questions or problems as soon as possible so that election officials have a chance to remedy the matter or change the election rules and procedures.
  
  
• Candidates should be advised of any rules for choosing observers and be encouraged to tell their observers about election procedures and rules prior to election day.
  
  

Common Pitfalls

• Ignoring the rights of candidates guaranteed by federal law.
  
  
• Failing to timely advise all candidates of the campaign rules and any changes which become necessary.
  
  
• Failing to take corrective action promptly if one candidate is given an improper advantage over other candidates.
  
  

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Chapter 6: Distributing Campaign Literature

As noted in Chapter 5, federal law establishes certain campaign rights for candidates in union officer elections including the right to have campaign literature distributed to the membership by the union at the candidate’s expense. In some unions the officers or employees may be involved in the campaign literature distribution process; in other unions, election officials or a professional mailer may handle requests from candidates. No matter what the practice, a union has a duty to comply with all reasonable requests to distribute literature and to treat all candidates equally. Any refusal to comply with a reasonable request is improper and could result in the election being successfully challenged. Election officials can avoid many problems concerning the distribution of campaign literature by establishing distribution procedures prior to the campaign period and informing all candidates about them.

Requirements

• A union must comply with all reasonable requests by a candidate for distribution of campaign literature at the candidate’s expense. Federal law does not define “reasonable request” but election officials should try to comply with all requests to the extent possible, since any refusal might later be determined to have been unreasonable.
  
  
• Each candidate must be treated equally with respect to the cost of distributing campaign literature. There is no requirement that the union distribute literature free of charge. However, if a union distributes any candidate’s literature without charge, all other candidates should be notified that they are also entitled to have their literature distributed without charge.
  
  
• A union should inform all candidates of the procedures for distributing literature in advance of the campaign period.
  
  
• A person need not be formally nominated to be entitled to distribute campaign literature. A union must distribute campaign literature for a bona fide candidate seeking to be nominated who makes a request, even if a union rule prohibits campaign mailings prior to nominations.
  
  
• A union may not regulate the contents of campaign literature it is asked to distribute and may not require that it be permitted to read the literature before distribution. The union may not censor campaign literature in any way, even if the literature includes derogatory remarks about other candidates. A union’s contention that mailing certain campaign literature may constitute libel does not justify a refusal to distribute the literature since the union is under a legal duty to distribute the material.
  
  
• A union must honor requests for distribution of literature to all members in good standing and must also honor requests for distribution to only a portion of the membership if such distribution is feasible.
  
  
• A union may not refuse to distribute literature because it has no staff or a small staff. If necessary, a union should employ additional temporary staff, use a professional mailer, or have the election officials make the distribution in order to comply with any requests. Any costs (for producing address labels, hiring temporary employees, etc.) can be passed on to each candidate requesting a distribution of literature.
  
  
• A union may not limit the number of mailings which a candidate is permitted to make.
  
  
• A union may require candidates to pay in advance for campaign literature distributions, if such a requirement is applied uniformly to all candidates.
  
  

Suggestions

• Election officials should determine from union officers how the union handled requests to distribute literature in prior elections and if any problems occurred.
  
  
• Election officials should decide how to handle requests to distribute campaign literature based on factors such as cost, availability of staff or election officials, etc. If appropriate, make necessary arrangements in advance to use union staff or a professional mailer to handle requests.
  
  
• To avoid charges of unequal treatment, election officials should notify all candidates in advance of the conditions under which the union will mail campaign literature, including to whom candidates should direct a request for distribution, the payment required, and any other rules which apply.
  
  
• One easy way for election officials to comply with requests for distribution is to require that campaign literature be furnished to the union in envelopes which are already stuffed, sealed, and contain proper postage.
  
  
• If election officials discover that a candidate has used a “personal” mailing list which was created or obtained as a result of the candidate (or a supporter) serving as an officer or in a union job, the list should be made available to all other candidates.
  
  

Common Pitfalls

• Not announcing procedures for the distribution of campaign literature in advance thereby giving the candidate who first makes a distribution request an advantage over other candidates who did not know about the distribution procedures.
  
  
• Insisting that a candidate’s campaign literature be read and/or approved by election officials or current officers before it is mailed.
  
  
• Refusing a candidate’s request to mail literature to less than the full membership if such a distribution is feasible.
  
  
• Imposing a deadline for making requests to mail literature and, as a result, refusing to comply with an otherwise reasonable request.
  
  

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Chapter 7: Inspecting the Membership List

In addition to having campaign literature distributed by the union as discussed in Chapter 6, candidates in union officer elections also have a right to inspect a list of members (and their addresses) subject to a collective bargaining agreement which requires union membership as a condition of employment. This right to inspect is limited to once within 30 days before the election and does not include the right to copy the list. In most unions the officer who maintains the membership list will be responsible for making the list available to candidates; election officials will not usually be involved. However, to avoid any misunderstandings, election officials should determine from union officials what procedures will be used to allow inspection and then inform all candidates about them. In addition to permitting inspection, the union may not discriminate in favor of, or against, any candidate with respect to the use of lists of members.

Requirements

• A candidate’s right to inspect the union’s membership list is limited to a list of members who are subject to a collective bargaining agreement which requires union membership as a condition of employment.
  
  
• Even if union membership is not required as a condition of employment, the union may nevertheless decide to allow inspection of its membership list. If the union decides to do so, it must treat all candidates equally and notify them of the decision to allow inspection.
  
  
• The right to inspect the membership list is limited to one time within 30 days before the election or 30 days before the mailing of ballots in a mail ballot election.
  
  
• A union must allow a bona fide candidate who is seeking to be nominated to run for office the opportunity to inspect the membership list once within 30 days before the election.
  
  
• The union is required to maintain the membership list at its principal office but is not required to provide for inspection at other places, such as a satellite union office or work locations of members.
  
  
• Candidates do not have the right to copy the membership list, only the right to inspect and/or compare it with a personal list of members.
  
  
• If a candidate is permitted to use the membership list for any purpose other than inspection (such as copying), the union must inform all candidates of the availability of the list for that other purpose and give the same privilege to all candidates who request it.
  
  
• A candidate has a right to a copy of the union’s list of employers only if another candidate uses the union’s list of employers for campaigning. (However, under Section 104 of the LMRDA, a member is entitled to review all collective bargaining agreements to which the union is a party.)
  
  

Suggestions

• Election officials should discuss with the union official responsible for the membership list where, when, and how it will be made available for inspection and to whom requests for inspection should be directed.
  
  
• To avoid charges of unequal treatment among candidates, election officials should notify all candidates in advance of the dates, times, and place the list will be available and the person they should contact to make a request for inspection.
  
  
• If election officials discover that a candidate has used a “personal” mailing list which was created or obtained as a result of the candidate (or a supporter) serving as an officer or in a union job, the list should be made available to all other candidates.
  
  

Common Pitfalls

• Allowing one candidate to do more than inspect (such as copy) the union’s membership list without giving other candidates the same privilege.
  
  
• Denying a bona fide candidate who is yet to be nominated the right to inspect the membership list within 30 days before the election.
  
  

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Chapter 8: Union and Employer Funds

Although union funds may be used to pay for nomination and election notices and other expenses for conducting the election, federal law strictly prohibits the use of union and employer funds to promote the candidacy of any person in a union officer election. This prohibition was adopted to prevent a current officer from being able to use the union treasury to help finance an election campaign. It was also intended to prohibit an employer from being able to influence the outcome of a union election. Unfortunately, the use of union or employer funds is a relatively common problem in union officer elections. In many cases, however, the improper use is unintentional since the candidates, union officials, and employers simply do not know the extent of the restriction and that it applies to facilities, equipment, and supplies as well as cash. Election officials are presented with a challenge in that they do not control access to a union’s or employer’s funds, but are still expected to conduct an election in which no such funds are used. Therefore, election officials should make sure that all candidates, union officials, and union employees are aware of the restriction on the use of union and employer funds and should be alert throughout the election process for any improper use of funds.

Requirements

• A union or employer may not contribute money or anything of value (such as the use of facilities, equipment, or supplies) to promote the candidacy of any individual in a union officer election.
  
  
• The restriction on the use of union funds applies to all moneys received by the union by way of dues, assessment, or similar levy.
  
  
• The prohibition against the use of union and employer funds applies to any union and any employer, not just the union conducting the election or an employer of the union’s members. For example, it is improper for a candidate to have campaign literature duplicated free of charge on a copy machine at a small business owned by a relative of the candidate.
  
  
• Any expenditure of union or employer funds on behalf of a candidate, even if the amount is small, is a violation of federal law.
  
  
• The use of union/employer funds or facilities is a violation of federal law even if union officials or the employer do not know about or approve of the use.
  
  
• The prohibition against the use of union and employer funds applies to direct expenditures from the union or employer as well as indirect expenditures including:



• campaigning on time paid for by the union or employer
• use of union/employer owned or leased equipment such as telephones, fax machines, and copy machines
• use of union/employer supplies such as stamps, paper, and envelopes
• use of union employees to prepare campaign literature while on union time
• use of the union letterhead
• use of union/employer property or facilities
• printing articles which support or criticize an individual’s candidacy in a union newspaper or other publication
• giving free services or special discounts to a candidate customer such as printing, photocopying, etc.
• A union may adopt additional rules governing contributions to campaign funds such as prohibiting contributions from any person who is not a member of the union.
  
  
• Certain uses of union and employer funds which do not support one person’s candidacy over another are acceptable, such as providing the use of equipment, facilities, or publications to all candidates on an equal basis after giving them notice of this opportunity.
  
  
• Campaigning by union officials which is “incidental” to union business is not a violation of federal law. For example, any campaigning by union officials which occurs as a consequence of conducting legitimate union business, such as shaking hands with members while visiting work sites on official business, is permissible.
  
  

Suggestions

• To insure that candidates are aware of the prohibition against the use of union and employer funds, election officials should issue rules explaining the restrictions. See Figure 2 - Election and Campaign Rules.
  
  
• Election officials should advise union officials about the prohibition against the use of union and employer funds. See Figure 6 - Union and Employer Funds Prohibition Letter.
  
  
• Election officials should advise the editor of any union-financed newspaper or other publication that the publication should not promote or criticize a candidate in any way during the nomination and election period such as by publishing articles complimentary of current officers or letters to the editor which are critical of any candidate.
  
  
• Current officers and union employees should be cautioned to take vacation time or a leave of absence if they are going to campaign during work hours, especially on election day.
  
  
• If election officials become aware of any improper use of union or employer funds before the election occurs, they should take appropriate corrective action such as requiring a candidate to reimburse the union or employer.
  
  
• Election officials should consult with the union’s parent body or OLMS if they are unsure as to what specific action should be taken to remedy an improper use of union or employer funds prior to election day.
  
  

Common Pitfalls

• Not advising candidates and union officials about the prohibition against the use of union/employer funds and resources so that unintentional violations of federal law can be avoided.
  
  
• Assuming that the prohibition against the use of union and employer funds applies only to cash expenditures and not to the use of equipment, supplies, or facilities.
  
  
• Allowing the union newspaper or other publications to be used to promote the candidacy of current officers.
  
  
• Failing to recognize that the use of funds, equipment, supplies, etc., belonging to other unions or employers which do not employ the union’s members is improper.
  
  

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Figure 6:

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Chapter 9: Right to Vote

The opportunity to cast a secret ballot in an officer election is the most fundamental right guaranteed by the LMRDA to all union members in good standing. A union may adopt rules in its constitution and bylaws defining good standing which usually relate to the payment of dues. Your responsibility as an election official is to insure that only members in good standing are permitted to vote. Since voter eligibility is one of the most common reasons that elections are challenged, preparing an accurate voter eligibility list is critical. The right to vote also implies a reasonable opportunity to vote; therefore, election officials must take into account factors such as distance to the polling site and hours of work when scheduling polling hours and locations. If members are dispersed over a wide geographic area, it may be necessary to establish multiple polling sites, conduct the election by mail, or make absentee ballots available in order to provide all members a reasonable opportunity to vote.

Requirements

• A union may require that members pay dues in order to be eligible to vote. This usually means that a member must not be delinquent in the payment of dues at the time of the voting.
  
  
• A member in good standing whose dues have been checked off by the employer may not be disqualified from voting because of any delay or failure by the employer to send the dues to the union.
  
  
• A member on dues checkoff who has no earnings from which dues can be withheld may be held responsible for paying dues directly to the union in order to remain in good standing and be eligible to vote.
  
  
• A member who has failed to pay dues can lose good standing without a union trial or without notice if the union's constitution and bylaws so provide.
  
  
• A union may restrict the right to vote of unemployed members who go on withdrawal status and, as a result, do not pay dues. However, unemployed members actively seeking employment who do not go on withdrawal status and instead continue to pay dues may not be denied the right to vote.
  
  
• A union may adopt constitutional provisions restricting the right to vote by employers, managers, supervisors, contractors, apprentices, and retirees.
  
  
• Members who work only part time but pay the required dues may not be denied the right to vote.
  
  
• A union may require members to pay monthly or quarterly dues in advance. However, a union must provide a grace period (such as 30 days) during which dues may be paid without any loss of voting rights. A member who has not paid dues for the current month (or quarter) should not be considered delinquent unless the grace period has expired.
  
  
• A union may require a new member who signed a checkoff agreement to pay one month's dues in advance to be in good standing for the current month.
  
  
• A union may require a new member to have maintained good standing for a period of time, such as six months or a year, before being permitted to vote.
  
  
• A union may postpone the voting rights of members enrolled in a bona fide apprenticeship program until the members complete their apprenticeship.
  
  
• Reinstated members who have regained good standing lost because of dues delinquency or disciplinary action cannot be restricted from voting for a period longer than that applied to a new member.
  
  
• If a union knows in advance that a substantial number or particular segment of the membership will not be able to vote in person, absentee ballots or some other means of voting must be made available. Members should be notified of the availability of absentee ballots and election officials should follow the same procedures used in a mail ballot election. See Electing Local Union Officers by Mail at the end of this Guide.
  
  

Suggestions

• Any deadline for paying delinquent dues in order to be eligible to vote should be established in accordance with your union's constitution and bylaws or other reasonable basis if not addressed in the constitution and bylaws.
  
  
• Election officials should attempt to have a complete, accurate list of eligible voters available as soon as possible. (Remember that the list of eligible voters may not necessarily be the same as the union's mailing list.) An accurate voter eligibility list will save time at the polls, result in fewer challenged ballots, minimize confrontations with voters and observers, and help prevent challenges to the election.
  
  
• If a member's name is not on your union's voter eligibility list or a question arises about a person's eligibility on election day, he or she should be instructed to vote a challenged ballot. See Figure 14 - Guidelines for Challenged Ballots. It is always better to allow a person to vote a challenged ballot (which will not be counted if the voter is later determined to be ineligible) than to risk denying an eligible member (whose name was improperly omitted from the eligibility list) the right to vote.
  
  
• Election officials should not be bound by polling hours and locations used in prior elections, particularly if members were denied a reasonable opportunity to vote. Make sure that members' work schedules and work locations are considered when establishing polling hours and places.
  
  
• If a location is to be used as a polling site for the first time, election officials should visit the location before election day to be sure the area is large enough, well lit, suitable for voting, has adequate parking, and is accessible to members.
  
  
• If necessary, election officials should contact the employer to resolve questions of voter eligibility.
  
  
• The voter eligibility list should be organized in a way that will be most useful to those checking eligibility on election day, such as alphabetically, by work site, or by clock number.
  
  
• If members will vote for some offices on a geographic, craft, or other basis, election officials should insure that the voter eligibility list accurately reflects in which category each member belongs.
  
  
• Election officials should review the voter eligibility list carefully just prior to the election to insure that new members have been added, deceased or suspended members have been deleted, etc.
  
  

Common Pitfalls

• Failing to prepare a complete, accurate voter eligibility list.
  
  
• Providing members with the wrong geographic or craft ballot and thereby denying them the opportunity to vote for the proper office(s).
  
  
• Failing to provide adequate opportunity to vote for members working a late shift.
  
  
• Not providing multiple voting sites or mail balloting if members are widely dispersed.
  
  

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Chapter 10: Election Notice

Now that nominations are completed and candidates have begun their campaigns, your next step in the election process is to notify members about the election. Federal law requires that all members (not just members eligible to vote) be notified of an officer election including the date, time, and place that the voting will occur. Unlike the nomination notice, the notice of election must be mailed to each member at his or her last known home address at least 15 days prior to the election. Election officials (or in some cases union officials) will be responsible for preparing the election notice and making the necessary arrangements for mailing the notice. This may prove to be more difficult than you anticipate if your union’s membership list does not contain up-to-date addresses. Therefore, union officials should not wait until the last minute to begin updating the union’s membership address list.

Requirements

• A notice of election must be mailed to every member, including nonworking members, at his or her last known home address at least 15 days prior to the election.
  
  
• The notice of election must specify the date, time, and place of the election as well as the offices to be filled. However, if the notice states that the election is the regularly scheduled election of all officers, it is not necessary to list the offices to be filled in the election notice. See Figure 7 - Election Notice.
  
  
• To determine the 15-day mailing period, do not count the day the notices are mailed but count the day of the election. For example, if the election is to be held on October 20, the election notice must be mailed no later than October 5.
  
  
• In order to comply with the election notice requirement, the union must make a reasonable effort to update its membership address list prior to the election.
  
  
• An election notice conspicuously placed in the union’s newspaper which is mailed to each member’s home address at least 15 days prior to the election satisfies the election notice requirement.
  
  
• If the original election notice contains the required information about a possible runoff election, a separate 15-day mail notice is not necessary for a runoff election. However, members must still be notified in some manner, such as posting at the work site(s), if it becomes necessary to conduct a runoff election for any office(s).
  
  

Suggestions

• Election officials should obtain a copy of the election notice used for the union’s most recent election. If this notice contains the required information, election officials may wish to use the same format.
  
  
• In addition to the date, time, and place of the election, the election notice should also provide any necessary information about voter eligibility, identification procedures at the polls, availability of absentee ballots (if applicable), and any new election rules.
  
  
• A union may use a single notice for both nominations and the election as long as the notice meets the requirements for both the nomination and election notices. See Figure 8 - Nomination and Election Notice.
  
  
• If a substantial number of your union’s members are non-English speaking, the election notice should also include a translation of the required information in the appropriate foreign language.
  
  
• In a mail ballot election, no separate election notice is necessary if the ballot package is mailed at least 15 days prior to the date by which ballots must be mailed back in order to be counted and the instructions for marking and returning ballots are clear and complete. See Electing Local Union Officers by Mail at the end of this Guide.
  
  
• After the election notice is prepared, all election officials should review it carefully to be sure that it contains no mistakes and all necessary information is included.
  
  
• Election officials should make the necessary arrangements for mailing the election notice with union officers or staff well in advance of the day the notice is to be mailed. Election officials should either mail the election notice or take steps to verify that the election notice was properly mailed by other union officials.
  
  
• Although not specifically required by federal law, election officials should mail the election notice by first class mail to insure that members receive the notice before the election. Consider mailing the notice earlier if first class mail is not used.
  
  
• The election notice should be mailed to all members in sufficient time prior to any established deadline for paying delinquent dues so that ineligible members have an opportunity to regain eligibility to vote before election day.
  
  
• If any election notices are returned undelivered, election officials should attempt to obtain accurate addresses and remail these notices promptly.
  
  
• In addition to the required mailing, other methods of notifying members, such as distribution of notices at work sites and posting notices on union bulletin boards are good reminders about the election and helpful in reaching members whose addresses are inaccurate.
  
  
• Election officials should retain a copy of the election notice for at least one year after the election and keep a record of the mailing date.
  
  

Common Pitfalls

• Using outdated member address records.
  
  
• Not mailing election notices to certain membership groups, such as laid-off, new, or ineligible members.
  
  
• Posting the election notice instead of mailing it to all members.
  
  

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Figure 7:

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Figure 8: