Section 560 IAC 2-2.1-17 - Election requiring a runoff ballot or new electionAuthority: IC 20-29-3-11; IC 20-29-5-3
Affected: IC 20-29-5; IC 20-29-7
Sec. 17.
(a) A runoff election shall be held when there are more than two (2) options in an election, including "no representation by a school employee organization" and no option receives greater than fifty percent (50%) of all eligible voters.(b) The runoff election shall be held under the same procedures as the original election, except that the ballot for the runoff election shall contain only the top two (2) voted selections from the original election. Only one (1) runoff may be had.(c) Notwithstanding subsection (b), if a new election is required under subsection (d), then an additional runoff election may be necessary as determined appropriate by the hearing officer.(d) A new election shall be held if, after the conduct of an initial election under this rule, a hearing officer determines that:(1) any substantial procedural irregularities occur;(2) a challenge to the conduct of the election is successful; or(3) a runoff election is appropriate, but cannot be held due to: (B) two (2) options tie and another option receives more votes than the tying options.(e) The new election shall be held under the same procedures as the original election. A new election may be ordered as many times as necessary to cure any procedural irregularities or improper conduct in the election preceding the new election.(f) School employees who resign, are discharged, or retire prior to the end of the voting period in any new or runoff election, are ineligible to vote.(g) The rules governing initial elections shall apply to any runoff or new election except as otherwise provided in this rule. Indiana Education Employment Relations Board; 560 IAC 2-2.1-17; filed 5/24/2018, 11:06 a.m.: 20180620-IR-560170443FRAReadopted filed 8/16/2022, 2:41 p.m.: 20220914-IR-560220222RFA