Illinois Administrative Code › Title 80 - PUBLIC OFFICIALS AND EMPLOYEES › Part 1110 - REPRESENTATION PROCEDURES › Section 1110.140 - Conduct of the Election

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 election shall be conducted under the supervision of the Board. Voting shall be
			 by secret ballot.
b) Absentee
			 ballots will be allowed only where an individual submits a written request to
			 the Board no later than 10 days prior to the election and demonstrates in that
			 request that he or she is not able to be physically present at the polling
			 place at the time for which the election is scheduled and therefore would be
			 unable to cast a ballot. The request must set forth the factual basis for the
			 claim. Mere inconvenience to the individual shall not be cause for the issuance
			 of an absentee ballot.
c) Each
			 party shall be entitled to an equal number of observers as determined by the
			 Board or its agent. The number of observers allowed shall be based on the
			 number of polling locations and the number of eligible voters. The identity and
			 conduct of observers are subject to such limitations as the Board or its agent
			 shall prescribe in order to ensure that voters are free from interference,
			 coercion, or intimidation.
d) The
			 Board's agent is authorized to prescribe the area in proximity to the polling
			 place in which electioneering shall be prohibited. The specified area shall be
			 based on the size and nature of the specific polling place.
e) Ballots shall list all employee
			 organizations that properly petitioned or intervened in the election, the
			 incumbent exclusive representative, and the choice of "No
			 Representative".
f) Where an
			 election involves a bargaining unit that includes craft employees, and there
			 has been a proper petition for a separate craft unit, craft employees shall be
			 given two ballots: one to vote for or against craft severance and a second to
			 vote on choice of representative. Noncraft employees shall only be given
			 ballots for voting on choice of representative.
g) Where an election involves a bargaining
			 unit containing professional and nonprofessional employees, all employees shall
			 be given two ballots: one for indicating whether they desire a combined
			 professional-nonprofessional unit and a second for indicating choice of
			 representative, except as provided for in Section
			 1110.105(v).
h) Ballot boxes shall be examined in the
			 presence of the observers immediately prior to the opening of the polls and
			 shall be sealed at the opening of the polls. The seal shall allow for one
			 opening on the top of the ballot box for voters to insert their
			 ballots.
i) The Board's agent or
			 any authorized observer may question the identity of any voter. A voter whose
			 identity has been questioned may establish his or her identity by showing a
			 driver's license or any other equally reliable piece of identification.
			 Challenged voters shall be permitted to vote in secret with their ballots set
			 aside by the Board's agent with appropriate markings.
j) A voter shall mark a cross (X) or check
			 ([RADICAL]) in the circle or block designating his or her choice in the
			 election. The intent of the voter shall be followed in the marking of the
			 ballot. If the ballot is defaced, torn, marked in such a manner that it is not
			 understandable, or identifies the voter, the ballot shall be declared void. If
			 the voter inadvertently spoils a ballot, he or she may return it to the Board's
			 agent, who shall give the voter another ballot and shall preserve the spoiled
			 ballot.
k) A voter shall fold his
			 or her ballot so that no part of its face is exposed and, on leaving the voting
			 booth, shall deposit the ballot in the ballot box. If the election is continued
			 for more than one period, the ballot box shall be sealed until the subsequent
			 opening of the polls and shall remain in the custody of the Board's agent until
			 the counting of the ballots.
l) The
			 Board's agent may privately assist any voter who, due to physical or other
			 disability, is unable to mark his or her ballot.
m) Prior to the close of the polls, each
			 party shall designate a representative to observe the tallying of the
			 ballots.
n) Immediately upon the
			 conclusion of the polling, the votes shall be tallied as follows:
1) The Board's agent shall attempt to achieve
			 a voluntary resolution of all ballot challenges before the ballots are
			 counted.
2) If there was only one
			 polling location, the Board's agent shall tally the votes in the presence of a
			 representative designated by each party and shall serve a written tally on each
			 of the representatives.
3) If there
			 was more than one polling location, the Board's agent shall seal the ballot
			 boxes and bring them to a predetermined central location. When all the ballot
			 boxes have arrived, they shall be opened, the ballots shall be commingled, and
			 the votes shall be tallied in the presence of a representative designated by
			 each party. The Board's agent shall serve a written tally on each of the
			 representatives.
4) The Board's
			 agent shall count the number of challenged ballots separately. If the
			 challenged ballots cannot affect the outcome of the election, the challenges
			 will not be resolved. If the challenged ballots could affect the outcome of the
			 election, the Board's agent shall again attempt to achieve a voluntary
			 resolution of all the challenges.
5) If challenges to ballots have not been
			 resolved, and if the challenges could affect the outcome of the election, the
			 challenged ballots shall be investigated by the Executive Director, who shall
			 issue a recommended decision concerning the application of Sections 2, 7, 8 and
			 9 of the Act and this Part to the challenged ballots. Parties may file
			 exceptions to the Executive Director's recommendation and briefs in support of
			 those exceptions no later than 14 days after receipt of the recommendation.
			 Copies of all exceptions and briefs shall be served upon all other parties and
			 a certificate of service shall be attached. Any party to the proceeding may
			 file a response to any exceptions and supporting briefs within 14 days from
			 receipt of a party's exceptions and supporting brief. The response shall be
			 filed with the Board and served on all parties. If no exceptions have been
			 filed within the 14 day period, the parties will be deemed to have waived their
			 exceptions. The Board will review the Executive Director's recommendation upon
			 request by a party or on its own motion.
6) When the election includes a vote on craft
			 severance, the craft employee ballots on craft severance shall be tallied
			 first. If a majority of the craft employees casting valid ballots choose craft
			 severance, the craft and noncraft ballots on choice of representative shall be
			 tallied separately. If a majority of the craft employees casting valid ballots
			 do not choose craft severance, the ballots on choice of representative shall be
			 tallied together.
7) When the
			 election includes a vote on a combined professional-nonprofessional unit, the
			 ballots on unit preference shall be tallied first. Separate tallies shall be
			 made for professional and nonprofessional employees.
8) If a majority of the employees casting
			 valid ballots in each group vote for a combined unit, the ballots on choice of
			 representative shall be tallied together. If a combined unit fails to receive a
			 majority vote in either or both groups, the ballots on choice of representative
			 shall be tallied separately.