(a) Inconclusive elections. An inconclusive election is one where challenged ballots are not sufficient to affect the outcome of the election and one of the following occurs:
- (1) The ballot provides for at least three (3) choices, one of which is “no union” or “neither,” and the votes are equally divided; or
- (2) The ballot provides for at least three (3) choices, the choice receiving the highest number of votes does not receive a majority, and at least two other choices receive the next highest and same number of votes; or
- (3) When a runoff ballot provides for a choice between two labor organizations and results in the votes being equally divided; or
- (4) When the FLRA determines that there have been significant procedural irregularities.
- (b) Eligibility to vote in a rerun election. The FLRA uses the latest payroll period to determine eligibility to vote in a rerun election.
- (c) Ballot. If the FLRA determines that the election is inconclusive, then the election will be rerun with all the choices that appeared on the original ballot.
- (d) Number of reruns. There will be only one rerun of an inconclusive election. If the rerun results in another inconclusive election, then the tally of ballots will show a majority of valid ballots has not been cast for any choice, and the FLRA will issue a certification of results. If necessary, a runoff may be held when an original election is rerun.
[91 FR 13945, Mar. 24, 2026]