Oregon Administrative Rules
Chapter 115 - EMPLOYMENT RELATIONS BOARD
Division 25 - PUBLIC EMPLOYEE REPRESENTATION
Section 115-025-0073 - Ballot Count Procedures
Universal Citation: OR Admin Rules 115-025-0073
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Counting of Ballots. The Board Agent conducting the election will notify the parties of the date of the ballot count and advise the parties that they are entitled to be represented at the count. Upon the conclusion of the ballot count, the Board Agent will, on that same date, furnish the parties with a tally of ballots.
(2) Challenged Ballots:
(a) When there is good cause to question the
eligibility of an individual to cast a ballot, a party to the election or the
Board Agent may challenge the eligibility of the individual to participate in
the election. Challenges may be made before or at the ballot counts.
(A) Challenges submitted before the ballot
count must be in writing, supported by a statement describing the challenge,
and provided to the other parties to the election.
(B) At the ballot count, challenges may be
made orally before any ballots are opened.
(b) Challenged ballots will be impounded
until eligibility is resolved. Successfully challenged ballots will not be
opened and counted.
(c) The parties
may resolve any challenged ballot(s) at the time of the ballot count.
Challenges will not be resolved by the Board when the number of challenges will
not affect the outcome of the election.
(d) When the number of challenged ballots is
sufficient to affect the results of the election, the Board Agent will conduct
an investigation and, when appropriate, will issue a notice of hearing.
(A) The dispute will be processed under the
rules described in OAR 115-035-0060(5).
(B) The challenging party will bear the
burden of proof and of going forward in the hearing.
(C) If the Board Agent exercised a challenge
because the voter's name was not on the list of eligible voters, the party
seeking to have the vote counted will have the burden of proof of eligibility
and the burden of going forward.
Statutory/Other Authority: ORS 240.086(3) & 243.766(7)
Statutes/Other Implemented: ORS 243
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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