AFSCME

Local Union Election Manual

To All AFSCME Local Unions:

Union democracy depends upon two things: an understanding

of the union’s procedures and participation. Nowhere is
understanding of more importance than in the local unions’
elections process.

This manual represents an attempt to spell out, in uncomplicated

terms, the requirements that AFSCME local unions must meet
in conducting elections. We have taken the requirements spelled
out in the AFSCME Constitution and included them here, with
wording approved by the International Executive Board.

The International Union Constitution — and not this manual —

is the last word on whether an election is valid. The union has
its own Judicial Panel to investigate alleged irregularities in local
union elections and to apply the appropriate provisions of the
Constitution. This manual does not affect that procedure, nor does
it deal with provisions that may exist in local union constitutions.
Since councils have different procedures involving delegate voting,
council elections are not covered in this manual.

Rather, the manual has attempted to make the election process

clear to every AFSCME member. We urge that all local union
officers and election committee members read the manual in
advance of local union elections. An understanding of and an
adherence to proper election procedures will strengthen our
union as a democratic institution.

In solidarity,

Lee Saunders Elissa McBride

President Secretary-Treasurer
Table of Contents
When are elections held? ................................................................... 1
Notice of nominations ........................................................................ 1
Making nominations .......................................................................... 2
Acceptance of nomination ................................................................. 4
Eligibility for office ............................................................................. 5
The election committee ...................................................................... 7
Challenges ..............................................................................................9
Election campaigning ....................................................................... 10
Notice of election .............................................................................. 11
Preparation of the ballots ................................................................. 12
Election procedure ........................................................................... 14
Observers ........................................................................................... 17
Counting the votes ........................................................................... 18
Majority vote ..................................................................................... 20
Run-off elections ............................................................................... 22
Protests ............................................................................................... 23
Installation of officers ....................................................................... 25
Length of term .................................................................................. 26
Elections to fill vacancies in office .................................................. 26
Election of convention delegates ..................................................... 27
Voting by mail ................................................................................... 29
Voting by electronic voting systems................................................ 31
When are elections held?
The time for holding local union elections must be spelled out in
the local union constitution.

While the constitution need not name a particular day, it should

indicate that “all regular elections shall be held in the month of
September,” or whatever month the local regularly uses. If the
officers are elected for one-year terms, as is the case in most locals,
that is all the language that is needed.

If the local has, by proper vote, established two-year terms for its
officers, the constitution should indicate that elections are held
in a specific month “in each odd-numbered year” or “in each
even-numbered year.” If three-year terms are established, the
constitution should call for elections in a specific month “every
third year, beginning in 2021,” or some similar language to indicate
a starting point for measuring the terms of office.

Elections must be held in the regularly-scheduled month, even if

the previous election and/or installation of officers was delayed.
Such a delay might have come about because of a run-off election,
a valid protest which resulted in a re-run of the election, or perhaps
because of a bona fide public emergency that presented a threat to
public health or safety or an “Act of God,” such as a snowstorm or
a flood, which made it impossible to conduct the previous election
on the scheduled date.

Notice of nominations
The first step in the election process is the holding of nominations.
The first step in the holding of nominations is to alert the
membership that nominations are to take place. The International
Constitution is quite specific as to how this is to be done:

“Not less than fifteen days prior to the holding of nominations

for local union officers, a notice of the nominations and elections
shall be mailed to each member at the member’s last known home

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 address.” (Appendix D, Section 2, sub-section D). This requires
using the United States Postal Service, and the mail must be sent by
first class mail. Sending emails does not satisfy this requirement.

The notice should indicate what offices are to be filled, and should
state the date, time and place of the nominations meeting as well
as the date, time, and place/manner for conducting the election.
(Nominations and elections can, from a legal standpoint, take place
at the same meeting, though this is not practical for most locals.)

The form of the notice is less important than is the timing. The
information may be included as a part of a regular meeting
notice. It may be given by printing the notice in a newsletter or
other publication that is mailed to the membership, provided
it is prominently displayed and not buried in the middle of an
article on some other subject. Notice may also, of course, be given
in a special letter addressed to each member. The important
thing is that the notice must be mailed to all members, at their
home address, at least 15 days before the meeting at which
nominations are to be made. Again, emailing the notice does
not satisfy this requirement.

Because no mailing list is ever one hundred percent accurate, it

is usually wise to post notices on bulletin boards concerning the
nominations and elections in addition to the mailed notice.

Making nominations
Nominations may occur at a regular or special meeting of the
membership. Other business of the local requiring a quorum may
be conducted at this meeting; however, a quorum is not required at
the time nominations are received. When the time for nominations
arrives, the chairperson* of the meeting announces, “Nominations
are now open for the office of president.” Any member may then

* While it is not legally required, it is customary for the president to relinquish the
chair to someone who is not going to be a candidate to conduct the nominations.

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rise and, when recognized by the chairperson, say “I nominate
Joe Smith for president.” That is all that is required; no seconding
speech is necessary. A member may also place the member’s own
name in nomination.

The chairperson should then announce, “Joe Smith has been

nominated. Are there any other nominations for president?” This
procedure should be continued until three consecutive calls for
“other nominations” go unanswered. The chairperson should then
declare the nominations for that office closed and proceed to the
next office. No motion is needed, under such a circumstance, to
close the nominations, and a motion to close nominations is always
out of order if another member is seeking the floor for the purpose
of making a nomination.

Some local unions use a nominating committee. A nominating

committee, like any other committee, is ordinarily appointed by the
local president with the approval of the executive board. The use
of a nominating committee is permitted under the International
Constitution, but local constitutions may prohibit them.

Use of a nominating committee, however, does not change the

requirement that nominations be permitted from the floor at the
nomination meeting. If such a committee is used, it would first
make its report to the meeting. The chairperson of the meeting
would then announce, “The nominating committee has nominated
Joe Smith for president. Are there any other nominations for
president?” and would then continue just as if no nominating
committee had been used.

When nominations are closed, in any case where there is only

one nominee and where that nominee has indicated that the
nomination will be accepted, the unopposed candidate should be
declared elected, unless the local’s constitution limits the number
of officers and board members to be elected from the same work
location or chapter, in which case the elected candidates should be
announced after the election votes are tallied. This should be done
by the chairperson of the meeting and does not require a motion or
a vote.

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 Acceptance of nomination
The International Union Constitution, Appendix D, Section 2, sub-
section E, provides:
“Those nominated shall be afforded the opportunity to decline and,
the name of any nominee who declines shall not appear on the
ballot.”
Note that it is “the opportunity to decline,” not “the opportunity to
accept” that is guaranteed. If a nominee is eligible for the office and
if the nominee does not take the positive action of declining, that
nominee’s name must go on the ballot.
• If the nominee declines, that nominee is not a candidate.
• If the nominee accepts, that nominee is a candidate.
• I f the nominee does neither, that nominee is assumed to be a
candidate.
Ordinarily, the nominee is offered the opportunity to decline at the
same meeting at which nominations are taken. If the nominee is
present at the meeting the chairperson simply asks, “Do you accept
the nomination?” and the answer is entered in the minutes of the
meeting. If the nominee is not present, the election committee
should attempt to contact the nominee later to ask the nominee
to indicate acceptance or declination in writing to the election
committee. However, if the nominee cannot be contacted or
fails to respond when contacted, the nominee is assumed to have
accepted the nomination.
No member may be a candidate for more than one local union
office at the same time. (Keep in mind that a delegate is not an
officer. A member may be a candidate for a local union office and
for delegate to a convention or to the central labor union at the
same time.) If a member is nominated for two or more offices
in the same election, the member must decline all except one
such nomination. If the member fails to indicate which office the
member wishes to seek, the election committee should assume that

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member is running for the first office for which that member was
nominated and has declined all other nominations.
Some locals have attempted to permit running for more than
one office in the same election by holding the nominations and
the election for a single office at one time, then moving to the
next office, and continuing the procedure until all offices have
been filled. While such a procedure is legal — if spelled out in the
local constitution — it is awkward and cumbersome and is not
recommended.

Eligibility for office

There are only three absolute requirements for eligibility for local
union office spelled out in the International Union Constitution:
1. Th
 e candidate “must be a member in good standing in the local
union in which the nominee seeks office.” This means that the
candidate’s membership is not currently in a suspended status
and was not in a suspended status during the eligibility period
to run for office; and,
2. “ No member whose eligibility for membership is based upon
employment in a position for which another organization is the
exclusive representative with regard to wages, hours or other
terms and conditions of employment, shall be eligible to seek or
hold office at any level of the union;” and,
3. “ No retired member or member of a Retired Employee Chapter
shall be a candidate for any elective office.”
To be eligible, however, a candidate must also “meet such other
conditions as are stipulated in the constitution” of the local union.
In most cases, the only “other condition” has to do with length of
membership in the local. The standard local union constitution
which appears in Appendix C of the International Constitution
provides in part that:

“To be eligible for office, a member must be in good standing for

one year immediately preceding the election, except in the initial
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 election held in this local.”

This is the rule in most locals. Local unions can extend this length
of membership, in cases where officers are elected for terms longer
than one year, up to a maximum period equal to the length of
the term of office. Even where such language exists, however,
the International President has ruled that (1) if there is only one
nominee and (2) if that nominee would be ineligible only because
of the length-of-membership requirement, that nominee may
be declared elected and may serve the full term of that office. If
there is more than one nominee and all of them are ineligible only
because of the length-of-membership requirement, they should all
be considered eligible and their names placed on the ballot.

Among other eligibility requirements which locals might legally

establish, by appropriate constitutional language, are these:

1. A
 requirement that a candidate “be employed within the
jurisdiction of this local union.” The effect of such language is
to bar from local union office full-time staff members of the
International Union, a council, or the local.

2. A
 requirement that no more than a specified number of officers
be from any single work location.

3. A
 requirement that one or more board members be elected by
and/or from among the members in each of several “chapters”
established by the local constitution.

4. A
 prohibition on the candidacy of a member who, during the
immediately preceding term of office, was removed from office
for excessive absenteeism, that is, for three or more consecutive
unexcused absences.

Local unions may not establish eligibility requirements which

include:

1. A
 ttendance at some minimum number of membership
meetings during the preceding year.

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2. P
 hysical presence or written notice of acceptance of a
nomination at the nomination meeting.

3. A bar against supervisory employees running for office.

4. A
 requirement that the nominee be a member of a bargaining
unit. Membership eligibility — and eligibility for office — are
determined by the jurisdiction of the local, not by the coverage
of a bargaining unit. (However, if the member is in a bargaining
unit represented exclusively by another labor organization, then
that member is ineligible to seek or hold office, even though the
member is otherwise within the jurisdiction of the local union.)

5. A
 requirement that a candidate have previously served as a shop
steward or in some other capacity.

6. A
 prohibition against re-election or a limit on the number of
consecutive terms to which a member may be elected.

The Election Committee

The election committee, like any other local union committee, is
ordinarily appointed by the local president, with the approval of the
executive board. Some locals have attempted to provide for election
of the election committee. Such attempts generally break down in
discussions over who would conduct the election of the election
committee and who would conduct the election of the election
committee to conduct the election of the election committee and
who would conduct the ....

There are some differences from other committees, however.

In most locals, the president is an ex-officio member of all
committees. The president may not serve as a member of an
election committee in any election where the president is a
candidate; nor may any other candidate serve on the election
committee. Because of this restriction, it is generally best to wait
until after the nominations have been completed before appointing
the election committee.

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 The election committee has, in the words of the constitution,
“general responsibility for the conduct of the election in accordance
with the constitution.” This may involve some minor rule-making
regarding such matters as hours of voting, unless those matters
are either covered in the local constitution or have already been
decided by membership vote. Aside from such matters, the election
committee must be prepared to handle eight basic duties:

1. T
 o make sure that each nominee has been offered the
opportunity to decline the nomination.

2. T
 o hear and decide, subject to membership approval, any
challenge which may be made concerning the eligibility of any
nominee.

3. T
 o make sure that proper notice of the election is given. (If the
nomination notice included the date, time, and place/manner
for the election, no further notice is required.)

4. To prepare or supervise the preparation of the ballots.

5. T
 o supervise the issuance, return and counting of the ballots.
This usually means setting up one or more polling places
where members may receive their ballots, mark them in secret,
and deposit them in a ballot box. In some locals, it may mean
mailing ballots to the membership and receiving them by return
mail. If a local union is conducting the election with use of an
electronic voting system, this means overseeing the vendor’s
process for the creation of any voting credentials, population of
the system with voter information and the tabulation of votes.

6. Certifying the results of the election.

7. H
 earing and deciding, subject to membership approval, any
protests which may be filed concerning the conduct of the
election.

8. M
 aking a report to the membership concerning the results
of the election and, subject to membership acceptance, the
decisions made on any protests.

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Challenges
A “challenge” is a formal objection to someone’s right to run for
office. It must be raised by a member before the election is actually
held.

A challenge must be based on some provision of the constitution

of the International Union or of the local union. Examples of valid
bases for challenges are:

1. Th
 e nominee has not been a member of the local for the length
of time required by the constitution.

2. Th
 e nominee has retired or has stated the intent to retire before
the date of the election.

3. Th
 e nominee is ineligible because the nominee is a member of
the union staff. (This basis is valid only if the local constitution
requires that candidates be working in the jurisdiction of the
local.)

4. Th
 e nominee has been declared ineligible for a time period
which includes the date of the election as a result of charges
and a trial held under provisions of the International Union
Constitution.

5. Th
 e nominee is ineligible because the nominee is employed in
a position for which another labor organization is the exclusive
representative with regard to wages, hours or other terms and
conditions of employment.

Any challenge that is raised must be referred immediately to the

election committee. The committee should meet as quickly as
possible, offering both the challenged nominee and the member
making the challenge the opportunity to be heard. The committee
may also wish to examine official records affecting the challenge,
and it has an absolute right to do so.

The committee must then decide the matter and report its decision
to the membership before the election takes place. The committee’s

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 decision is subject to acceptance or rejection by the membership.

Action on a challenge may later be appealed to the Judicial

Panel, under the provisions of Section 4 of Appendix D of the
International Constitution. The filing of such an appeal, however,
cannot be used as a basis for delaying the election.

Election campaigning
The general provisions on the rights and the restrictions on
campaigning for office in the local union can be found in Section
1 of Appendix D of the International Constitution. Basically, these
provisions are as follows:

1. N
 o union funds or resources, and no funds or resources of any
employer, can be used in campaigning for union office.

2. N
 o publication of any kind which is sponsored by or supported
by the union can make any endorsement or otherwise support
any candidate for union office.

3. A
 ny member who has been nominated for office or who
announces an intention to run for office has the right to one*
mailing to the membership made through the union office
before the election. This mailing is not to be made at the union’s
expense.

It is probably this third provision that is the most misunderstood.

Note that the right is “the right to mail,” not “the right to print.”
The candidate must prepare the materials to be mailed, furnish
the envelopes, do the stuffing and sealing, and put on the stamps
or furnish the money to pay for the mailing meter charge. The
candidate must, in effect, furnish everything but the names and
addresses. All the union is required to do is address and mail

* In local unions that include members employed by private sector employers,

federal law requires that the union comply with all reasonable requests by a
candidate to mail campaign materials to the membership. In those cases, the union
cannot limit candidates to only one mailing.

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the material. Even here, if there is expense connected with the
addressing, it must be borne by the candidate or the candidate’s
supporters.

Note also that the candidate is not entitled to a mailing list for
the candidate’s own use.

It is understood that no campaign signs or leaflets may be

displayed at the polling place itself. Locals may, of course, make
additional rules on such matters as how far from the polling place
campaigning can take place. The major tests of any additional rules
the local may adopt are:

1. Are the rules reasonable?

2. A
 re the rules uniformly applied to all candidates and at all
polling places, if more than one location is used?

Notice of election
If the original notice sent out announcing the nominations
included announcement of the date, time, and place/manner of
conduct for the election, no additional election notice is required.
If the nomination notice did not announce the election, an
additional notice must be given.

This notice must be “mailed to each member at the member’s last

known home address” at least 15 days before the election date. It
should state the date, time, and place/manner of the voting and
should, in addition, indicate which offices are to be voted on and, if
possible, list the candidates. If there are more than two candidates
for a single office, it is wise to include in this notice the date, time
and place/manner of conduct for any run-off election that might
be necessary, otherwise, the local will be required to mail a separate
notice for a run-off election if one is required. Sending the notice
by email does not satisfy these requirements.

If the voting itself is to be done by mail, or by use of an electronic

voting system, the notice may be included in the mailing of the

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 ballot or electronic voting materials. See “Voting by mail” and
“Voting by electronic voting systems” later in this manual.

Preparation of the ballots

The ballot should be entitled “Official Ballot,” followed by the name
and number of the local and the date of the election.

The ballot should also include instructions: “Mark an X in the

squares next to the names of those for whom you wish to vote,” or
some similar simply worded directions on how to properly select a
candidate. If using paper ballots, it is also advisable to add “Do not
sign your name” and “Do not make any other marks on this ballot.”

The various offices to be voted on should be listed one at a time and

after the designation of each office, the instructions “Vote for One”
or “Vote for Three” or “Vote for No More than Three” or whatever
is appropriate should be provided. This should be followed by a
listing of the candidates, with a box or circle next to each name if
voting by paper or online ballot, or a keypad number if voting by
telephone.

If the election is one in which offices to be voted on include both

at-large (local-wide) and also on a regional, district or other similar
basis, separate ballots must be used for those offices which are to be
elected at-large and those which are to be elected on a regional or
district basis.

Do not list on the ballot any office for which there is only one
candidate. That candidate has already been declared elected and
placing that office on the ballot can only lead to confusion.

Do not print or record anything on the ballot to indicate which

candidates are the incumbents.

Do not print or record anything on the ballot to indicate a

candidate’s job title, work location, etc., unless this information
is necessary for the voter to know. If, for example, in the election
of three executive board members the local constitution requires

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that at least one must be a clerical employee and at least one a
custodial employee, it may be necessary to add the word “clerical”
or “custodial” after the name. Absent such a constitutional
requirement, any such identification could only be construed as a
use of the ballot itself for campaign purposes.

The election committee is responsible for seeing that all names are
correctly spelled or pronounced on the ballot. The surest way to
do this is by contacting the candidate personally and asking the
candidate to indicate, preferably in writing or recording, how the
candidate’s name is to be placed on the ballot.

William Stuyvesant Jones may want to be listed on the ballot as

William Stuyvesant Jones, William S. Jones, W. Stuyvesant Jones,
W. S. Jones, or Bill Jones, and the candidate should be given the
opportunity to make that decision as well as giving the accurate
spelling or pronunciation of the candidate’s name.

The next question is, “In what order will names appear on the
ballot?”

Most locals list the names of the ballot in the order in which the
candidates were nominated, and this practice is perfectly proper.
Some locals list the candidates in alphabetical order, and this
practice is also perfectly proper.

Some locals determine the order of names by drawing lots, and this
practice is also perfectly proper.

What is not proper is to change from the method used previously

to a new method after the nominations have taken place. If
a change from one method to another is desirable, the new
procedure should be approved by membership vote (or announced
by the election committee) before the nominations begin.

The final step in preparing the ballots is the actual printing of the
paper ballot or designing of electronic ballots.

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 Paper ballots may be prepared by a commercial printer, on an
office copying machine or printer, or in any other manner that
will produce easily read ballots. The number to be printed should
substantially exceed the number actually needed, to take into
account the possibility of spoilage during the election itself.

The election committee should:

1. Determine how many are to be printed.

2. Make sure that the exact number are in fact printed.

3. T
 ake charge of the ballots immediately upon completion of the
printing, safeguarding them until the election is completed.

All paper and electronic election materials, including any unused

paper ballots, must be retained by the election committee for one
year after the election.

Election procedure
The two basic requirements for the actual conduct of the election
are contained in Appendix D, Section 2, sub-section F of the
International Constitution:

1. “Election shall be by secret ballot.”

2. “All local union members shall be afforded a reasonable

opportunity to vote.”

Secret Ballot

Under the International Constitution and federal law, ballot

secrecy means no person, including an independent third party,
has the ability to connect a member to his or her vote at any time.

Local unions conducting in-person elections often use elaborate

voting booths or even curtained voting machines to ensure secrecy
of the ballot. Others provide seating space at isolated tables. Others
use even less complicated methods. Almost any method which

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affords the voter the opportunity to mark the ballot without any
other person observing how the voter marks it is acceptable. After
the voter marks the ballot, the voter deposits it in a ballot box or
other container where it is mixed with the ballots cast by others so
the voter’s right to secrecy is preserved.

Maintaining ballot secrecy in an election conducted by an

electronic voting system is far more challenging and requires
a certain level of expertise to develop. For this reason, “do it
yourself ” election software or apps available on the internet are not
acceptable for use. Locals considering the use of electronic voting
systems should refer to “Voting by Electronic Voting System”
section of this manual for guidelines on selecting a system that
meets the ballot secrecy requirement.

Reasonable Opportunity to Vote

How the second requirement is met may depend on a local’s size,

whether its members work on more than one shift or in more than
one location, whether members have access to technology, or a
number of other factors.

For comparatively small locals where everybody works a day shift,

it is a common and completely acceptable practice to conduct the
election during a membership meeting. At these meetings, it is not
necessary that a quorum of the membership be present during the
election. For larger locals the holding of elections at a meeting may
not work.

While it is possible to hold an election during a meeting in a local

of 20 people, all of whom know each other, it is quite something
else to try to do the same thing in a meeting attended by several
hundred members. In the case of these larger locals, it is necessary
to set up specified hours of voting and function on a basis similar
to the holding of an election for public office. It is essential, of
course, that a record be kept of which members voted — both to
avoid having someone vote twice and to avoid giving ballots to
nonmembers. To avoid these problems, it is necessary to work
from an up-to-date membership listing and require each voter to

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 (1) provide identification and (2) sign for their ballot.

In the case of locals that have members working around the clock
(hospital locals, correctional or other institutional locals, police
locals, etc.) the problem is still greater. In those situations, the
voting hours must be of sufficient length to allow members on all
shifts “a reasonable opportunity to vote.”

If more than one voting location is to be used, great care must be

taken to see that each member votes in only one location. This may
mean breaking the membership list down by job location. It may
also mean frequent telephone contacts between one location and
another or to the chairperson of the election committee for the
purpose of up-dating a master list.

At the time for the closing of the polls, anyone standing in line to
vote should be permitted to do so. Anyone arriving after that time
will have lost the opportunity to vote.

These problems for large locals and for shift-work locals can be
solved. Three kinds of “solutions” that are occasionally attempted,
however, are prohibited:
1. Th
 ere can be no proxy voting. No member can cast a vote for
another member.

2. M
 ail and electronic ballots cannot be used for those who are
on duty during voting hours. The same balloting method must
be used by all members, except when the method used is by
electronic voting system and a member does not have access to
the technology needed to cast a vote. In such circumstances the
local must offer such members an alternative manner of voting
in the election.

3. Th
 ere can be no “absentee” voting for an in-person election. In
the rare instances where this has been tried, it has been found
that the practice lends itself to such abuses that the International
Executive Board has ruled against its use altogether.

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Occasionally a problem will arise concerning a person who
attempts to vote and there is doubt as to the person’s eligibility.
Challenges can be raised concerning the eligibility of a prospective
voter either by a member of the election committee or by an
observer representing one of the candidates. It is up to the election
committee to resolve the matter.

The prospective voter may, for instance, not be listed on the

membership roster and yet still claim to be a member. If the person
can produce evidence of dues payment — a stub from a current
salary check showing checkoff of dues, or a receipt for current
dues issued by the local, for example — the matter can probably
be settled on the spot and a ballot issued. If it is a matter requiring
further investigation or additional evidence which cannot be
produced immediately, the person should be permitted to mark a
ballot and then seal it in an envelope with the person’s name on the
outside. This envelope should then be placed in the ballot box or in
a separate container until the challenge is resolved.

In an election conducted by use of an electronic voting system,

challenges to a member’s eligibility should be raised before the
voting system issues ballots. These ballots cannot be identified or
set aside once they have been cast without violating ballot secrecy.
Any voting system that allows this to occur is not permitted under
the International Constitution.

Observers
The International Constitution, Appendix D, Section 2,
sub-section J, provides:

“Any candidate whose name is to appear on the ballot shall have

the right to have present an official observer of the candidate’s
own choosing, who must be a member of the Federation, in all
places where ballots bearing the candidate’s name are to be cast or
counted.”

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 Each candidate may designate the candidate’s own observer.
A candidate may not serve as an observer (even for another
candidate) during the period when voting is actually taking place.

The observers are there to observe; they may not assist in the actual
conduct of the election. They may not, while so serving, engage in
any kind of campaigning. They may not wear buttons or badges
in support of a candidate, pass out leaflets, or attempt to discuss
the election with those who come to vote. (These restrictions on
campaigning also apply, of course, to the members of the election
committee who are conducting the election.)

Observers have, however, some absolute rights. These include the

right to inspect the ballot box at any time up to the moment the
election is to start; the right to be present in the room where an
election is taking place throughout the hours set for the voting
or when electronic voting balloting materials are being prepared;
the right to challenge any voter whom they think is not eligible
to cast a vote; the right to take such notes as they choose to,
including making their own list of who has voted; the right to call
to the attention of the election committee members present any
violation of proper procedure which they may observe; the right
to remain after the polls have closed and to keep the ballot box
under observation until it is opened; the right to observe the actual
counting of the paper or electronic ballots, including the right to
examine any suspect ballot; and the right to maintain their own
tabulation as the election committee counts the ballots. The polling
place and the location where the ballots are counted must be
set-up in a manner that will allow the observers to carry out their
responsibilities.

Counting the votes

In counting the votes cast on paper ballots, it is best to have two
committee members examining the ballots themselves, with one
of them calling off the names of those who receive votes on the
particular ballot, and with two others keeping a record of the votes
by making a mark after each name that is called on a “tally sheet.”

18
Periodic checks should be made by these two tally clerks to make
sure that their counts agree.

A number of questions are frequently raised as the ballots are

being counted, concerning the validity of particular ballots. The
following points should be kept in mind:

1. S uch deviations from the instructions on the ballot as making a

check mark instead of an “X” should not serve to void a ballot.
If the intention of the voter is clear, count the vote.

2. I f a voter has signed or written the voter’s name on the ballot,

void the entire ballot.

3. I f a ballot is partly spoiled, that does not void the entire

ballot. For example, if a voter has voted for two candidates for
president, that ballot is void for that office. But if the same voter
has voted for only one candidate for recording secretary, count
the vote for that office.

4. W
 rite-in votes are not counted at all; treat them as if they were
blank for the office for which a write-in appears.

5. K
 eep a record of the number of totally void or totally blank
ballots.

Another problem that frequently causes confusion is the practice of

so-called “bullet voting.” Let us look at a typical example.

Five candidates are listed on the ballot for executive board member.
Three are to be elected. A ballot is cast on which the voter has
marked only one candidate for executive board member. Should
the ballot be counted or voided?

In most cases, it should be counted. A local union constitution may

prohibit “bullet voting” and require that each voter vote for three;
but such a rule may be established only by the local constitution. It
may not be required by rules set by the election committee and it
may not be required by rules adopted by membership vote.

19
 It is either in the constitution or it is not. If it is not, then a vote
cast for one or two in a situation where the voter could have voted
for three is no different than a situation where the voter voted
for a candidate for president but chose not to vote for anyone for
secretary-treasurer. The vote must be counted.

When the tabulation has been completed, the committee should

turn its attention to any remaining challenged votes. If the number
of challenged ballots is not large enough to change the outcome
of any of the contests, the committee is free to refuse to decide the
challenges. In that case, they remain in the sealed envelopes but are
retained with the rest of the ballots and the election records.

If the number is great enough that it might affect the outcome of

one or more races, the committee must then take up each challenge
separately and, without opening the envelope, make a decision
as to whether or not the ballot should be counted. In those cases
where the committee decides to count the ballot, the envelope
should be opened and the ballot deposited, unexamined, in the
now-empty ballot box. When all challenges have been disposed of,
the ballots in the box should be counted and added to the previous
tally. A record should be maintained of the names of those whose
ballots were challenged and of the disposition of each.

The final results should then be placed in written form and signed
by the members of the election committee. The committee may
wish to ask the observers to sign the report, also, but this is not
essential and the observers are free to refuse to sign.

Majority vote
The International Constitution, Appendix D, Section 2, sub-section
K, provides that:

“the candidate for each office receiving a majority of the votes cast
for that office shall be declared elected. Any remaining unfilled
offices shall be filled through a run-off election . . .”

The word majority, by dictionary definition, means “more than

one-half.”
20
“Majority” does not mean “fifty-one percent.”

“Majority” does not mean “fifty per cent plus one.”

“Majority” means “more than one-half.”

If 99 valid votes are cast for an office, 50 votes is a majority even

though 50 is less than 51% and less than 50% plus one.

Right? Right.

But suppose 99 members vote in an election in which three

executive board members are to be elected from among eight
candidates; now what constitutes a majority? This is a question
frequently raised as an election committee completes its count,
particularly in situations where “bullet voting” is not prohibited.
The formula to be used is this:

Take the total of all votes cast for all eight candidates. Divide it by
double the number to be elected or (2 X 3 = 6) six. Any candidate
who has more votes than the resulting figure has a majority and has
been elected.

Some local union constitutions include language that limits the

number of officers or board members who can be elected from
a single work location or chapter. In these local unions the
positions are to be filled in the order in which they appear in
the constitution, unless the constitution states otherwise. As a
result, some candidates may be disqualified from holding office
if a candidate from the same work location or chapter is elected
to a higher office. When a candidate is disqualified under these
circumstances, is it necessary for the remaining candidates to have
a majority of all of the votes cast to be elected? Yes!

Here is an example. Local union’s constitution states that only one

officer may be elected from a chapter. The constitution lists the
offices in the following order: president, vice president, treasurer
and secretary. Following the tabulation of the ballots the results
are:

21
 • C
 andidate A from chapter 100 receives a majority of the votes
cast for president;

• C
 andidate B from chapter 200 receives a majority of the votes
cast for vice president;

• C
 andidate C from chapter 100 is unopposed for the position of
treasurer; and,

• C
 andidate D from chapter 200 receives a majority of the vote cast
for secretary.

Which candidates are declared elected?

• Candidate A is seated first as the president;

• C
 andidate B is from a different chapter than the president and
therefore, can be seated as vice president;

• C
 andidate C is from the same chapter as Candidate A and
therefore, cannot be seated even though they were unopposed;
and,

• C
 andidate D is from the same chapter as Candidate B and
therefore, cannot be seated. If there was only one other candidate
for this position and that candidate was from a chapter other
than 100 and 200, that candidate should be declared elected. If
there are two or more other candidates for this position a run-
off election should be held to determine which will receive a
majority of the votes.

Run-off elections
When the election is completed, those candidates who received a
majority of the votes cast for their offices are declared elected. If
no candidate received a majority, a run-off election must be held
for that office. The ballot for the run-off election will contain two
names for each office to be filled. For a single-post office, such as
president, this simply means listing the two candidates who ran
first and second in the original election. In a multi-post office,

22
the situation may be somewhat different. If, for example, nine
candidates are running for three executive board positions and
only one received a majority, the ballot for the run-off would list
the four candidates who finished in positions two through five in
the original election.

This “Rule of Two” should avoid the necessity of more than one
run-off; it doesn’t always work. If, in the race for president, no one
gets a majority and there is a tie for the second spot, three names
must go on the run-off ballot — unless one withdraws. If three
names do go on the ballot, the majority requirement still applies
and a second run-off is possible.

Suppose, following an election contest in which no candidate

received a majority, one of the top two withdraws. Is a run-off still
required?

Yes, it is, with the third candidate moving up into the run-off.
The only way to avoid a run-off is for all candidates except one to
withdraw.

When can a run-off be held? If the election was held at a meeting

and the meeting is still in process when the ballots are counted and
the results reported, it can be held immediately. Otherwise, the 15-
day notice requirements comes into play — unless, of course, the
local has, as part of the original notice informed the membership
that a run-off, if one is needed, will be held on a particular day,
time and place/manner. In that case, the original notice will suffice.

In any case, the run-off should be held as quickly as possible and

under the same general rules as were applied during the original
election.

Protests
A protest is not the same as a challenge. A challenge questions a
nominee’s right to run for office. A protest questions the actual
conduct of the election itself.

23
 A protest may be filed immediately upon completion of the
election or within ten days thereafter. It should be filed in writing,
with the election committee chairperson, if the committee has not
yet been discharged, or with the president or secretary of the local.

Protests should be heard by the election committee, in the first

instance, unless the committee has been discharged prior to the
filing of the protest. In any event, the final decision to accept or
reject the recommendation of the election committee is made by
the membership and it must be decided within thirty days after the
protest is filed.

If the membership decides that there were violations that were

of such a nature that they may have affected the outcome of the
election, they may order the election, or any part of it, set aside and
a new election held.

Appeals on protests (or on challenges) may be made to the Judicial

Panel (1) within 10 days following the decision of the local, or (2)
within 40 days after the protest was filed, if no decision has been
reached by the local union within 30 days after the protest (or
challenge) is filed with the local.
There is a tendency on the part of some to file formal protests
based on the most minute and technical of violations. This is, of
course, the right of any member and the local — or the Judicial
Panel — is bound to investigate the matter and rule on it.

When the matter is investigated by the Judicial Panel, it tends to

take a somewhat practical position. If a violation is found that is of
a purely technical nature, it then asks the inevitable question: “Did
the violation or could the violation have affected the outcome of
the election?” If the answer is “No,” it will not set aside the election.

On the other hand, if the violations were of such a nature and

scope that they might have affected the result, it will order a re-run
— and may even supervise it.

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Installation of officers
The election committee makes its general report to the
membership. The membership votes to accept it. (If there is no
formal protest pending, the membership has no choice but to
accept it.)

When do the newly-elected officers take office?

“Those elected shall be installed in office immediately, but in no

event later than 10 days after the tabulation of the election ballots,
and regardless of any election related protests that are filed.”
(International Constitution, Appendix D, Section 2, sub-section K)

Some local union constitutions have provisions that would seem

to provide for a delay of anywhere from a few days to a couple of
months between completion of the election and the installation of
the new officers. No such provision is valid. Those elected must be
installed immediately. This means that those elected officers who
are present when the election committee completes the tabulation
of ballots should be installed at that time. For those elected officers
who are not present, the International Constitution requires that
arrangements be made to install them no later than 10 days after
the tabulation. The installation of officers may not be delayed
because of any pending election related protests or the scheduling
of a membership meeting.

The outgoing officers are obligated to turn over to their successors

“all books, papers and other property” of the union, and they
remain under bond until they have done so.

Who installs the new officers? Anybody that has a book handy.
They have, in fact, been the officers of the local from the moment
the election committee’s report was accepted and are legally bound
by the “Obligation of an Officer” found in Appendix B of the
International Constitution whether or not they have raised their
hands and recited the words.

25
 Length of term
For how long do the new officers serve before they must seek re-
election?

The length of term for each office is set in the local union
constitution. For most locals, including all those covered by
the Standard Constitution contained in Appendix C of the
International Constitution, the terms are one year for all officers
except trustees. The trustees serve three-year terms, with one
term expiring each year. Locals may make different provisions, by
amendments to their local constitutions, subject to the approval
of the International President. The absolute maximum term of
local union office is three years. Any amendment which increases
the length of term would, of course, not extend the terms of the
incumbents but would take effect at the time of the next election.

Elections to fill vacancies in office

Vacancies in office may occur for any number of reasons: death,
resignation, transfer to another local because of a job transfer
or promotion, removal from office following charges and trial
procedures, or loss of eligibility for membership in the local.
Officers may also be removed, if provided in the local constitution,
for three or more consecutive unexcused absences from
membership or executive board meetings.

There are two basic methods which may be used to fill vacant offices:

1. Election by the executive board.

2. Election by the membership in a special election.

If the first method is used, it means what it says—the executive

board holds an election in which any board member who is present
can nominate a candidate to fill the vacancy and, if there is more
than one eligible nominee, the position is filled by a secret ballot
vote in which each board member present casts one vote. If the
second method is used, the notice requirements and all other rules

26
pertaining to regular elections are in force. Local constitutions
should provide which of these methods is to be used. If the local
constitution is silent on the subject, the vacancy is filled by election
by the executive board.
Vacancies may not be filled:
1. B
 y appointment by the president, even when that appointment
requires subsequent ratification by the board or the
membership.
2. B
 y selection by the executive board, subject to ratification at
a membership meeting. If the membership is to vote on the
question, they must be given the opportunity to nominate and
elect, not just a choice between a board-selected candidate and
no one.
Some locals provide in their constitutions that if the office of
president becomes vacant, the vice president automatically
succeeds to the presidency and the office of vice president is then
declared vacant and filled. This is a perfectly proper procedure if it
is spelled out in the local constitution.

Election of convention delegates

The International Constitution provides, in Appendix D, Section 3,
that:
“Local unions shall elect council delegates (and) delegates to
conventions of the International Union in the manner prescribed
for the election of local officers . . .”
Delegates, however, are not officers, and while they are elected in
the same manner as are officers, there are certain differences.
First, the majority vote requirement does not apply to the election
of delegates unless the local union constitution specifically provides
for a majority requirement. The reason for this is simply that if the
majority rule should result in a run-off election, the convention
might well be over before a delegate was elected.

27
 Second, in the case of delegates to conventions of the International
Union, the length-of-membership requirement for eligibility to
run is set by the International Constitution (Article IV, Section 12)
as membership from and after the fourth full month preceding
the opening of the convention, and no local may change that
requirement or establish any different requirement.
Third, again in the case of the International Convention, a delegate
must be nominated and elected during the last 120 days preceding
the opening of the Convention. This time limit does not apply to
those few locals that have regularly scheduled meetings less often
than once every three months; nor does it affect the right of an
elected officer of the local to serve where the constitutionally-
prescribed duties of that office include the duty to serve as a
delegate to the International Convention.
Fourth, it is possible for a local to elect as its delegate to the
International Convention someone who is a member of another
local, instead of one of its own members. In order to do this, the
local must first vote on the question: “Shall this local elect as a
convention delegate a person who is not a member of this local
union?” If that question is answered “Yes” by a majority vote,
the local may then proceed to elect a member of another local
who (1) has already been elected to serve as a delegate from
that member’s own local, which local is in the same state and/or
affiliated with the same council, or (2) is a delegate representing
the council with which the local is affiliated. The limit on this kind
of joint representation is that no individual may represent more
than five locals or four locals and one council. No International
officer, International staff member, or Judicial Panel member may
represent more than one local or council.
Finally, the timetable for protests on the election of delegates
is much shorter than for officer elections. The protest must be
filed with and decided by the local union by or on the date of the
meeting at which the report of the election committee is acted

28
on. Any appeal from that decision to the Judicial Panel must be
filed within five days thereafter. (See Appendix D, Section 5, of the
International Constitution.)

Voting by mail
Elections conducted by mail are more complicated than those
conducted in-person and, as a result, there is a greater chance
of encountering problems that can adversely affect the election
process. For example, mailing lists are frequently inaccurate,
deliveries are sometimes slow, and elections of this type lend
themselves to fraud and manipulation more easily than do other
kinds of elections.

Nevertheless, there are some locals with membership spread over

a large geographical area so that mail votes may be a practical
method of providing every member with “a reasonable opportunity
to vote.” Because of the complexity and potential for manipulation
of mail ballot elections it is extremely important that proper
procedures, as spelled out in this section of the manual, are
followed.

If elections are to be conducted my mail, the following procedures

must be followed:

1. The mailing to each member should contain:

a. A ballot.

b. A plain envelope (or one with the word “ballot” printed on it).

c. A
 stamped envelope addressed to the point to which ballots
are to be returned, with a place for the member to write
the member’s name on the outside (or, if possible, with the
member’s name already on it).
d. A
 set of instructions, which may be printed on the ballot
itself.
2. The member should be instructed to:

29
 a. Mark the ballot.
b. P
 lace it in the plain envelope (or the one marked “Ballot”) and
seal it.
c. P
 lace the envelope in the other envelope, seal it, write the
member’s name on the outside, and mail it in time to be
received no later than a specified date.
3. Th
 e election committee should carefully supervise the mailing
to the members. Official observers designated by the candidates
are entitled to be present during the addressing, stuffing, and
mailing of the ballots.
4. Th
 e return envelopes should be addressed to a neutral address,
not to the union office or to someone’s home. The best way is to
have them returned to a Post Office Box requiring two keys to
open. One of these keys should be retained by the chairperson
of the election committee and the second by another committee
member.
5. Th
 e election committee should allow at least 20 days between
the mailing of the ballots and the opening of the box. If this
amount of time is allowed, it is not necessary to do a separate
mailing of an “Election Notice” 15 days in advance; the ballot
itself constitutes notice.
6. Th
 e box should be opened on the specified date, with the
observers invited to be present.
7. Th
 e names on the envelopes should be checked against the
membership list, and as each is verified, the envelope should be
opened and the inner envelope containing the ballot should be
dropped in a ballot box.
8. W
 hen the verification process is completed, the plain envelopes
should be opened, and the ballots removed.
9. Th
 e ballots are then tabulated and the report made in the same
manner as for any other kind of election.

30
There are at least two temptations that must be avoided:

1. Th
 e temptation to save money by not putting stamps or postage
on the return envelopes. The local may not require a member to
purchase a stamp and put it on the return envelope as the price
for voting.

2. Th
 e temptation to save money by mailing only to those
members located in outlying areas and requiring those working
or living in nearby areas to vote at a polling place. Everyone
votes by mail or no one votes by mail.

Voting by electronic voting systems

Appendix D, Section 2, sub-section G of the International
Constitution allows for voting using remote electronic voting
systems in local unions with 2,000 or more members, and in local
unions with less than 2,000 members provided they have received
advance approval from the International President to use this
voting method. Locals with less than 2,000 members must make a
request for approval before each election. Local unions electing to
use electronic voting systems are required to provide an alternative
voting method (e.g., mail ballot) for any member who does not
have access to the technology required to cast a vote using the
electronic system selected for voting.

In an election using electronic voting systems, the two basic

requirements for the actual conduct of the election contained
in Appendix D, Section 2, sub-section F of the International
Constitution still apply in full force:

1. “Election shall be by secret ballot.”

2. “All local union members shall be afforded a reasonable

opportunity to vote.”

Elections conducted by electronic voting systems require different

procedures and safeguards than those conducted in-person or
by mail. Because of the complexity of remote electronic voting

31
 elections, it is extremely important that the system selected for use
in an election meets the requirements set forth in this section. “Do
it yourself ” election software or apps available on the internet are
not acceptable for use. Nor is it permissible to use employer email
addresses for the distribution of electronic ballots.

In an election using an electronic voting system, the local union

must mail a notice of nominations and election using the same
procedures, timelines and information as required for officer
elections conducted by paper ballot (see pages 1-2 of this manual).
The notice should also include a date by which a voter must
notify the elections committee if they do not receive the necessary
credentials to access the electronic system the local has selected.

Any remote electronic voting system must meet the requirements

listed below. Local unions are strongly encouraged to discuss these
requirements with vendors and obtain written assurances that their
electronic voting system meets these standards. It is impossible for
the voter to be connected to his or her votes by anyone, including
the vendor if a vendor is used, with ease or any degree of difficulty,
using data provided by the union and/or stored on one or more of
the voting system servers.
a. The electronic voting system does not generate any hidden
markers that would link a voter to their ballot.

b. If a voter’s eligibility is challenged AFTER the electronic vote is

cast, the system does not have the ability to retrieve the voter’s
ballot or otherwise isolate the challenged votes. All eligibility
challenges must be lodged and resolved PRIOR to the vote.

c. If a voter marks or submits an electronic ballot in error,

the ballot cannot be identified to be changed or voided. In
a remote electronic voting system election, once a ballot is
submitted electronically, it cannot be changed or voided.

d. Entry of the voter’s name is not a required component of the

voting systems login credentialing process.

32
e. The voter’s login credentials are never displayed on the same
screen as the voter’s ballot or ballot selections.

f. Other than the voter, nobody - including the union and

election vendor - has access to all components of the login
credentials (e.g., email address, telephone number, PIN,
member identification number) required by the voting system
to access the voter’s ballot.

g. Voting credentials are randomly assigned to each eligible voter.

h. The electronic voting system uses a secure platform with

industry standard safeguards to prevent unauthorized access
or malware attacks.

i. The electronic voting system uses encryption technology that

obscures the ballot selections before they are sent to the local
union, the platform and/or the vendor’s server.

j. The electronic voting system uses hash chains on the activity

logs and the electronic ballot box.

k. The electronic voting system is periodically audited by an

independent party and the vendor has a written security policy
for all systems that come into contact with the voter or vote
information.

l. The vendor shall provide the union with a digital and paper
copy of the count and/or tabulation results at the conclusion of
the election and must retain the voting system and all digital
records (e.g.,voting system, credentials, log files, time stamped
software codes, tally results) related to the election for at least
one year.

Finally, the election committee should carefully supervise the

process. Official observers designated by the candidates are
entitled to view the preparation and mailing of ballot credential

33
 packets and for the count and/or tabulation of electronic votes
either in person or by video. Any objections to voter eligibility
must be made and decided upon by the election committee PRIOR
to the vote.

AMENDED AND APPROVED BY THE INTERNATIONAL

EXECUTIVE BOARD ON JANUARY 28, 2021.

34
 American Federation of State, County
and Municipal Employees, AFL-CIO
Lee Saunders, President
Elissa McBride, Secretary-Treasurer

1625 L Street, NW
Washington, DC 20036
afscme.org

#029-21 F-76