PATTERN
A (Poll)
ARTICLE
III
VOTING
AT ELECTION POLLS WITH ABSENTEE BALLOT
Officers
- Elections - Duties
Sec
1. The officers shall perform such duties
as are stated in Article XVII of the IBEW Constitution.
In addition, they shall perform such duties
as are outlined in these bylaws and such duties
as may be assigned to them by the Local Union
and which are not in conflict with the IBEW
Constitution and these bylaws.
Sec.
2. Failure of officers to perform their
duties, the suspension or removal of any officer
and the filling of any vacancies, shall be
dealt with as stated in Article XVI of the
IBEW Constitution.
Sec.
3. All officers and representatives
and all employees shall be bonded to the extent
required by the International or any applicable
Federal or State law whichever is greater.
The bond shall be secured through the International
and the premium shall be paid by the Local
Union.
Choose Sec. 4(a):
Sec.
4(a).
At the meeting of the Local Union when
nominations are made, after nominations
have closed, the President shall appoint
an Election Judge and as many Tellers,
as are required, who shall serve as an
Election Board to conduct the election.
No candidate for any office shall be eligible
to serve on this Board.
OR one of the following alternates:
Sec.
4(alt. a).
At the meeting of the Local Union, in
the month preceding the month in which
nominations are made, the President shall
appoint an Election Judge and as many
Tellers, as are required, who shall serve
as an Election Board to conduct the election.
No candidate for any office shall be eligible
to serve on this Board.
Sec.
4(alt. a).
At the meeting of the Local Union when
nominations are made, after nominations
have closed, the Local Union by a majority
of members present shall elect an Election
judge and as many Tellers as are required,
who shall serve as an election board to
conduct the election. No candidate for
any office shall be eligible to serve
on this Board.
Sec.
4(alt. a).
At the meeting of the Local Union, in
the month preceding the month in which
nominations are made, the Local Union
by a majority of members present shall
elect an Election Judge and as many Tellers,
as are required, who shall serve as an
Election Board to conduct the election.
No candidate for any office shall be eligible
to serve on this Board.
(b)
After nominations have been made and those
nominated are found to be qualified, the Election
Board shall have ballots prepared, listing
in alphabetical order the names of all candidates
for each respective office, beginning with
President and continuing in the order named
in the IBEW Constitution. Such ballots shall
not contain any identifying numbers or marks
which would identify the voter.
(c)
Members in good standing and qualified
to vote, who expect to be unable to visit the
polls on election day, may at any time within
thirty (30) days but not less than five (5)
days prior to the date of election, make application
in writing to the Election Judge for an absentee
ballot. Any such qualified applicant shall
be furnished an official ballot and two (2)
envelopes. One (1) envelope shall be smaller
than the other and shall be marked only with
the words OFFICIAL BALLOT.
The larger envelope shall be pre-addressed
to the Election Board and shall contain a space
in the upper left hand corner where the member
shall place his/her name and address.
(d)
Upon a member receiving an absentee ballot,
he/she shall mark same and enclose it in the
smaller envelope marked OFFICIAL
BALLOT. This envelope shall then be
placed in the larger envelope and mailed to
the Election Board in time to be received before
the polls are closed on Election Day. The Election
Board, after determining the eligibility of
the voters, shall open the envelopes, remove
the smaller envelope marked OFFICIAL
BALLOT, and deposit same in the ballot
box with the other ballots. No envelope received
later than the time and date as determined
and announced by the Executive Board shall
be opened by the Election Board.
(e)
No member receiving an absentee ballot
shall be permitted to vote in person at the
election, unless he/she has first returned
the absentee ballot unmarked to the Election
Judge.
(f)
The Financial Secretary shall furnish
to the Election Judge not less than ten (10)
days before the election, an alphabetical list
of all members eligible to vote. All members,
in good standing and qualified, shall be entitled
to vote.
(g)
The Election Board shall select a depository
to which the envelopes containing the absentee
ballots shall be mailed. This shall not be
the Local Union Post Office Box or the Local
Union Headquarters. (Cost of such depository
shall be paid by the Local Union.) The Election
Board shall advise the Local Union of the location
of such depository in sufficient time to prepare
the preaddressed envelopes.
(h)
When the polls have closed and voting has ceased,
the Election Board shall immediately count
and tabulate the ballots. Any candidate may
be present or have an IBEW member as an observer
present during the voting and at the counting
of the ballots. The Election Board shall immediately
make a report of the election results. All
ballots, applications for absentee ballots,
and other papers shall be preserved for one
(1) year from the date of the election, after
which same shall be destroyed unless a question
has arisen in connection with the Election.
(i)
Voting shall be by secret ballot.
(j) Write
in votes shall not be permitted.
Choose
(k):
(k)
The election
shall be decided for the candidate receiving
the most votes for a specific office.
OR (k) and (l):
(k)
In the event a candidate
does not receive a majority of the votes
cast for a specific office, then a run-off
election will be held between the two
(2) candidates receiving the highest number
of votes. This does not include the election
for the Local Union Executive Board (and/or
Examining Board), which shall be decided
for the candidates receiving the most
votes.
(l)
When a run-off election is necessary,
such run-off election shall be held twenty-one
(21) days after the regular election is
held.
Sec. 5. Voting
machines, if available, may be substituted
for printed ballots when voting at the polls.
All applicable requirements in the foregoing
section shall apply, when voting machines are
used, in the same manner as though a printed
ballot were used.
Sec.
6. (a)
The officers shall be those provided for in
Article XVI of the IBEW Constitution.
(b)
The President
shall have such authority as provided for the
Business Manager in these bylaws and the IBEW
Constitution.
Sec.
7. The
Executive Board shall consist
of (where officers are members of the Executive
Board, they are to be listed in this space)
and _____ elected members.
Choose
Sec. 8:
Sec. 8.
The Examining Board shall
consist of _______ elected members.
OR Sect. 8(alternate):
Sec. 8(alt). The
Executive Board shall serve as the Examining
Board. There shall be separate meetings
held and separate records kept.
Sec.
9. (a)
Nominations for officers shall be held May
_____, and election of officers shall
be held in June
______ and every three (3) years thereafter,
as stated in Article XVI of the IBEW Constitution.
Notice shall be mailed to all members at least
twenty (20) days prior to the meeting for nominations
in election years with all information regarding
nominations, list of offices to be filled,
date, time, and place of election, and the
date, time, and place of a run off election
if required. Said notice shall also include
all details concerning the availability of
absentee ballots.
(b)
No member shall be a candidate for more than
one (1) office, except as provided in these
bylaws and with approval of the International
President. If nominated for more than one office,
the member shall immediately declare for which
office he/she will be a candidate. However,
this shall not apply to offices which have
been combined with the approval of the International
President.
(c)
Every candidate shall have the right once within
thirty (30) days prior to the election to inspect
a list containing the names and last known
addresses of all the members of the Local Union.
Such list of members shall be maintained and
kept by the Local Union. The membership
list shall not be copied for the use of any
candidate.
(d)
The Local
Union shall comply with all reasonable requests
of any bona fide candidate for Local Union
Office to distribute his/her campaign literature
to the membership at the candidate's expense.
In handling all such requests, the Local Union
shall comply with the IBEW Local Election
Guide and with applicable Department of
Labor Regulations under the Labor Management
Reporting and Disclosure Act of 1959.
(e)
No member shall be eligible for office unless
he/she has been a member of Local Union ______
in continuous good standing for at least two
(2) years immediately prior to nomination.
(f)
No Apprentice shall be eligible to hold office
in the Local Union, except that a member who
was previously eligible to hold office in the
Local Union shall remain eligible if he/she
entered an apprenticeship program for the purpose
of upgrading his/her classification. |
Article III.
Local unions must choose this “Pattern A” (voting
at the polls) or “Pattern
B” (voting by mail). If the local
fully implements
the unit concept, Article
III, Substitution Provision should
be used instead. After a pattern is selected,
all sections and subsections of the pattern
selected are required, unless otherwise specified.
These patterns were developed to conform with
the policies and Constitution of the IBEW.
Sec. 4(a). Local
unions may choose to elect the Judge and Tellers
of the election rather than having them appointed
by the President. Either way, Section 4(a)
must include the method selected. Appointment
of the Judge and Tellers is preferred. When
they are elected, it is much more difficult
to remove them for non-performance of their
duties.
Sec. 4(k) & (l).
In the event the local union desires to use
the majority vote procedure, (k) and (I) should
be used in lieu of (k).
Sec. 5. This section
is optional and may be used if the local union
believes voting machines will be used in future
elections.
Sec. 6(a). If any
offices are to be combined, they must be stated
in this section.
Sec. 6(b).
Where the local union does not have a Business
Manager, the duties of this office will be
performed by the President of the Local. In
such cases, subsection (b) will be included
in your bylaws
Sec. 7. Any officer
except the Business Manager may also be elected
to the Board and may serve in conjunction with
his/her other office when such combination
is approved by the International President;
or, the Executive Board may be composed entirely
of elected members who do not hold any other
office.
Where the President also acts as the Business
Manager, he/she may not be a member of the
Executive Board.
The Recording Secretary of the local union may
not serve as Secretary to the Executive Board
unless he/she is also a member of the Board
under Section 7.
The Board may be composed of three (3), five
(5), or seven (7) members. If more than seven
(7) members are necessary, approval of the
International President is required. In any
case, the Board must be composed of an uneven
number of members to prevent a tie vote.
Sec. 8. Local
unions may or may not have an Examining Board
as they decide. When the local union chooses
to have a separate Examining Board, it must
be composed of either three (3) or five (5)
members who must be elected. When the Executive
Board serves as the Examining Board, the following
optional language shall be used: “The Executive
Board shall serve as the Examining Board. There
shall be separate meetings held and separate
records kept.”
NOTE: Local unions
in industrial branches of the IBEW generally
do not require an Examining Board, making such
provisions unnecessary.
Sec. 9(a). The months
and year of nominations and elections are stated
in Section 9(a). Local unions in the United
States are limited to three (3) year terms
of office, by virtue of federal law and the
IBEW Constitution. The IBEW Constitution
establishes a minimum of three (3) years, and
the law a maximum of three (3) years.
Sec. 9(d). A local
union must comply with all reasonable requests
by a candidate for distribution of campaign
literature at the candidate's expense.
A member need not be formally nominated to
be entitled to distribute campaign literature.
Sec. 9(f). (Conditionally
Required) This provision is required by those
local unions that have a bona fide apprenticeship
program. |