Mo. Code Regs. tit. 8 § 40-2.160
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 8 CSR 40-2.160 - Election ProcedurePURPOSE: This amendment clarifies the procedure for electronic elections.
(1) For in-person elections each of the interested parties may designate two (2) persons as observers at the polls, subject to such limitations as the chair may prescribe. Unless otherwise stipulated by the interested parties, observers must be nonsupervisory employees of the public employer.(2) Any observer or the chair, for good cause, may challenge an employee's eligibility to vote. If submitted on paper, challenged ballots shall be folded, placed in a sealed envelope with the name of the voter plainly written on the outside. Challenged ballots will not be considered unless they might affect the results of the election, in which case the chair shall investigate and determine the eligibility to vote of the persons whose ballots are challenged. Challenged ballots which are disallowed will be destroyed. Challenged ballots which are allowed will be counted. The names of the persons whose ballots are challenged shall be made a part of the record of the election proceedings. Challenged ballots for mail-in or electronic elections must be made prior to delivery of the ballots to voters.(3) All elections shall be by secret ballot and shall be conducted so as to ensure, to the satisfaction of the board, the security and privacy of each public employee's vote. In addition to voting at the public body's place of business, mail-in (including e-mail or electronic) voting shall be allowed at the discretion of the chair.(4) Ballots may not be tallied until after the posted time for the closing of the polls unless all eligible voters have cast their ballots. Upon the conclusion of the election, the chair shall furnish the parties with a tally of the ballots.(5) An organization shall be certified if it receives a majority of the votes cast.(6) Within ten (10) days, excluding Saturdays, Sundays, and legal holidays, after the tally of ballots has been furnished, any party may file with the board objections to the conduct of the election or conduct affecting the results of the election, which shall contain a short statement of the reasons therefore. Such filing must be timely whether or not the challenged ballots are sufficient in number to affect the results of the election. Copies of such objections shall be served simultaneously on the other parties by the party filing them and a statement of service shall be made.(7) If no objections are filed within the time set forth previously, and if the challenged ballots are insufficient in number to affect the result of the election, and if no runoff election is to be held, the chair shall forthwith issue to the parties a certification of the results of the election, including certification of representative, where appropriate.(8) If objections are filed to the conduct of the election or conduct affecting the result of the election or if the challenged ballots are sufficient in number to affect the result of the election, the chair shall investigate such objections or challenges or both.(9) Where objections are filed or challenges are determinative, the chair shall conduct an investigation and, where appropriate, shall issue a notice of hearing for the board to hear the matters alleged and to issue a report and recommendations. The objecting party shall bear the burden of proof regarding all matters alleged in the objections to the conduct of the election or conduct affecting the results of the election.(10) When the certification of the results of the election is issued, any petition requiring the holding of an election in any bargaining unit or subdivision of the bargaining unit is prohibited until one (1) year has lapsed from the date of issuance. Petitions prohibited are those filed on behalf of a public employee, group of public employees, any individual or employee organization or the public employer. AUTHORITY: section 295.070, RSMo 1994.* Original rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, effective Nov. 30, 1999. Amended by Missouri Register September 1, 2022/Volume 47, Number 17, effective 10/31/2022*Original authority 295.070, RSMo 1947.