Code of Maine Rules › 12 - DEPARTMENT OF LABOR › 180 - MAINE LABOR RELATIONS BOARD › Chapter 11 - BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS › ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS › Section 180-11-48 - Conduct of Election

Current through 2024-29, July 17, 2024
The voting procedures used in a Board-conducted election
					 must maintain the anonymity of the ballots to the greatest extent possible. The
					 procedures established by this section must be followed unless the parties
					 otherwise agree and obtain the consent of the executive director.
1.
Mail Ballot Election
				  Procedure
. On the date scheduled for mailing ballots, the executive
				  director shall mail to each eligible voter an official ballot, a "Secret Ballot
				  Envelope," a "Mail Ballot Envelope" and voting instructions. The instructions
				  must tell the voter to return the ballot to the Board in the two envelopes as
				  follows: the voted ballot must be placed in the smaller envelope marked "Secret
				  Ballot Envelope" and having any additional instructions considered necessary by
				  the executive director. The second and larger envelope is the "Mail Envelope"
				  in which the "Secret Ballot Envelope" is placed and mailed or delivered to the
				  Board. The "Mail Envelope" must be pre-addressed and postage paid and must have
				  a space on it that identifies the voter by name and employer and contains any
				  additional identifying marks the executive director considers necessary. Voter
				  failure to comply with the identity requirements on the "Mail Envelope" or
				  destruction of any identifying mark on it is sufficient cause to disqualify
				  that ballot from being counted. At the time designated for counting the
				  ballots, each "Mail Envelope" must be authenticated by comparison with the list
				  of eligible voters. "Secret Ballot Envelopes" must then be removed from the
				  "Mail Envelopes" and deposited in a suitable container along with other "Secret
				  Ballot Envelopes" to preserve the anonymity of the ballots. The "Secret Ballot
				  Envelopes" must then be opened, the ballots removed and counted at random, and
				  the results recorded and witnessed as provided in subsection
				  3. All challenges to mail ballots which
				  are based on or concern the identity of the voter or voter eligibility, and
				  which are made pursuant to section
				  50 of this Chapter, must be raised
				  prior to the removal of the "Secret Ballot Envelope" from the "Mail
				  Envelope."
2.
On-Site
				  Election Procedure
. The executive director shall designate the
				  boundaries of the polling areas in the Notice of Election but may modify the
				  boundaries of the polling areas at the election site. No electioneering of any
				  kind is allowed within such area or areas. Any violation of this rule by any
				  party or its representative or agent may be grounds for setting aside an
				  election outcome favorable to the offending party. If it is necessary to
				  conduct the election at more than one location, the ballots from each election
				  location must be sequestered by the executive director until counted. These
				  ballots must be sealed in an envelope or other appropriate container and
				  delivered to the location where the ballots will be counted. The ballot count
				  must occur at the time and place previously determined and announced by the
				  executive director. If the election is conducted at only one election site, the
				  ballots may be counted and the results certified promptly after the polls are
				  closed.
3.
Election
				  Observers
. Each party to the election may be represented by one observer
				  at each polling place. A party so represented may designate that observer, and
				  in the case of multiple sites, one of its observers, as its agent or
				  representative for the purpose of observing the count of the ballots and for
				  certifying, on a form to be supplied by the Board, the accuracy of that count.
				  In an election conducted by mail balloting, the parties may each designate an
				  election observer to be present at the counting of the mail ballots cast in the
				  election. Except in the case of mail balloting, Employer observers must be
				  persons without supervisory authority over the employees who are voting, and
				  must not be eligible voters.
4.
Destruction of Ballots
. Ballots may be destroyed 6 months after
				  the election.