PURPOSE: This rule describes the requirements for a run-off election.
- (1) The chairman may conduct a run-off election without further order of the board when an election in which the ballot provides for not less than three (3) choices (that is, at least two (2) employee organizations and neither) results in no choice receiving a majority of the valid ballots cast. Only one (1) run-off shall be held pursuant to this section, unless the board directs otherwise.
- (2) The ballot in the run-off election shall provide for a selection among the two (2) or more choices receiving the largest number of votes, the sum of whose votes aggregate at least one (1) more than half of the total votes cast.
- (3) Employees who were eligible to vote in the original election and who are in an eligible category on the date of the run-off election shall be eligible to vote in the run-off election.
- (4) An inconclusive election is one in which none of the choices on the ballot has received a majority of the valid ballots cast. In the event the number of ballots cast in an inconclusive election in which the ballot provided for a choice among two (2) or more representatives and neither or none is equally divided among the several choices; or in the event the number of ballots cast for one (1) choice in such election is equal to the number cast for the third choice, the chairman shall declare the first election a nullity and shall conduct another election providing for a selection from among the choices afforded in the original ballot and s/he shall thereafter proceed in accordance with 8 CSR 40- 2.170(1)—(3). In the event two (2) or more choices receive the same number of ballots and another choice receives no ballots and there are no challenged ballots that would affect the results of the election and if all eligible voters have cast valid ballots, there shall be no run-off election and a certification of results of election shall be issued. Only one
- (1) such further election pursuant to this rule may be held.
- (5) Upon the conclusion of the run-off election, the provisions of 8 CSR 40-2.160 shall govern, insofar as applicable. 8 CSR 40-2
AUTHORITY: section 295.070, RSMo 1986. Original rule filed Dec. 31, 1975, effective Jan. 10, 1976.