Section 180-11-48 - Conduct of Election 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.12- 180 C.M.R. ch. 11, § 48