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Retiree Election Code

Section 1: General Provisions

1. No funds of the Federation or any subordinate body shall be used to support the candidacy of any member for any elective office within an AFSCME retiree organization.
2. No publication sponsored by or supported by the Federation or any subordinate body shall endorse or support any candidate for elective office within an AFSCME retiree organization.
3. Any nominee or announced candidate for elective office shall have the right once prior to the election to have mailed through the Chapter or Sub-Chapter office, but at private expense, campaign literature. In a Sub-Chapter, such literature may be mailed to each member in good standing. In a Chapter election, such literature may be mailed to each affiliated Sub-Chapter and/or to each member in good standing.

Section 2: Election of Chapter and Sub-Chapter Officers

1. To be eligible for election a nominee must be a member in good standing of the Sub-Chapter in which the nominee seeks office or of a Sub-Chapter affiliated with the Chapter in which the nominee seeks office, and must meet such other conditions as are stipulated in the approved constitution of the Chapter or Sub-Chapter.
2. An Election Committee shall be established and shall have general responsibility for the conduct of the election in accordance with the constitution of the Chapter and Sub-Chapter. Any challenge concerning the eligibility of any nominee shall be referred to the Election Committee for decision, and the decision shall be reported to the membership prior to the election. The Election Committee shall also report, as expeditiously as possible, the results of the balloting, together with recommendations regarding any protests which have been lodged regarding the conduct of the election. No member of the Election Committee may be a candidate for office.
3. The terms of office for officers of Chapters and Sub-Chapters shall be set forth in the constitution of each Chapter and Sub-Chapter, but may not exceed three years for a Sub-Chapter officer or four years for a Chapter officer.
4. Not less than 15 days prior to the holding of nominations for Sub-Chapter officers, a notice of the nominations and elections shall be mailed to each member at the member's last known address. Notice of nominations and elections for Chapter officers shall be sent to each affiliated Sub-Chapter not less than 50 days prior to the election or notice may be given as required by the Chapter's approved constitution.
5. Nominations may be made at a regular or special meeting by a Sub-Chapter member or by a Chapter delegate. Nominations also may be made by a Nominating Committee, unless prohibited by the constitution of the Sub-Chapter or Chapter. Those nominated shall be afforded the opportunity to decline, and the name of any nominee who declines shall not appear on the ballot. Write-in votes shall not be valid for any purpose.
6. In any case where there is only one nominee for office, such nominee shall be declared elected. In all other cases, election shall be by secret ballot. All Sub-Chapter members or Chapter delegates shall be afforded a reasonable opportunity to vote.
7. Sub-Chapter elections may be conducted at the same meeting as nominations or at the following meeting or by referendum, as provided in the approved Sub-Chapter constitution. Chapter elections shall be held in accordance with the approved constitution of the Chapter.
8. Any candidate whose name appears on the ballot shall have the right to have present an official observer of the candidate's own choosing, who must be a member of a Chapter of Sub-Chapter, in all places where ballots bearing the candidate's name are to be cast or counted.
9. Upon completion of the voting, the ballots shall be tabulated and the candidate for each office receiving a majority of the votes cast, for that office, shall be declared elected. Any remaining unfilled offices shall be filled through a run-off election in which there shall be a ballot, bearing two names for each office to be filled, such names being those nominees who received the greatest number of votes in the first balloting, and the candidate receiving the highest number of votes shall be declared elected. Those elected shall be installed in office immediately upon the Sub-Chapter's or Chapter's acceptance of the Election Committee's report on the election, at which time the names, addresses and terms of office of the newly-elected offices shall be submitted to the Retiree Department, AFSCME International headquarters, so that credential cards may be issued. The pre-election incumbents shall remain in office until new officers are installed.
10. Vacancies in offices shall be filled in accordance with provisions of the constitution of the Sub-Chapter or Chapter. If no constitutional provision exists, vacancies shall be filled by vote of the Executive Board of the Sub-Chapter or Chapter.
11. All election records, including ballots, shall be retained by the Sub-Chapter or Chapter for at least one year after the election.

1. Sub-Chapters shall elect Chapter delegates in the manner prescribed for the election of Sub-Chapter officers, subject to the provisions of paragraph C, below.
2. Sub-Chapters and Chapters shall elect delegates to national conferences of the retiree organization in the manner prescribed for the election of Sub-Chapter and Chapter offices.
3. The election by a Sub-Chapter of Chapter delegates and of delegates to national conferences of the retiree organization shall not require a majority of the votes cast unless such requirement is specifically contained in the Sub-Chapter constitution.

1. Any member of a Sub-Chapter or Chapter may challenge the eligibility of any nominee by filing such challenge with the Election Committee, prior to the holding of the election. The Election Committee shall make a determination regarding the challenge, and shall report its ruling to the appropriate Sub-Chapter or Chapter. The Sub-Chapter or Chapter shall either accept or reject the ruling of the Election Committee prior to the election.
2. Any protest concerning the conduct of the election may be lodged at the meeting at which the election is conducted or by filing such protest in writing with the appropriate body, within 10 days following the election. All interested parties shall be afforded an opportunity to be heard. Such protests shall be decided by the Sub-Chapter or Chapter, not later than 30 days after the filing of the protest.
3. If the Sub-Chapter or Chapter determines that these were violations which may have affected the outcome of the election, it may order such election or any part thereof set aside, and a new election held. Any officers who have been installed prior to such determination shall remain in office pending the outcome of any new election or of a future appeal.
4. Any protestant or nominee adversely affected by a decision on a challenge may file a written appeal with the Sub-Chapter's or Chapter's decision, or if no decision has been rendered, within 40 days after filing with the International Executive Board within 10 days after original protest with the appropriate body.
   
   Upon receipt of such an appeal, it shall be referred to the International President, who shall designate a member or members of the International Executive Board or a member or members of the staff of the International Union to conduct an investigation, affording all interested parties an opportunity to be heard, and to make a report of findings and recommendations to the International President within 20 days. The International President shall then refer the matter to the International Secretary-Treasurer to be placed on the agenda of the next meeting of the International Executive Board for decision. If the International Executive Board finds that there were violations which may have affected the outcome of the election, the International Executive Board may order the election or any part thereof set aside and a new election held. When a new election is ordered by the International Executive Board, the International President may direct that such new election be conducted under the supervision of a representative designated by the International President. The decisions of the International Executive Board on challenges and protests arising out of Retiree Chapters or Sub-Chapters shall be final and may not be appealed to the International Convention.
5. No subordinate body funds shall be used to institute legal action outside the Union to challenge election rulings.
6. Challenges and protests regarding the election of Chapter delegates shall be handled in the manner prescribed for challenges and protests regarding the election of officers for Sub-Chapters and Chapters.

1. A challenge or protest regarding the election of delegates to Chapter, state, regional or national conferences of the retiree organization must be filed with a Sub-Chapter or Chapter and decided by or on the date of the meeting at which the report of the Election Committee is voted on. A written appeal from the decision of either body may be filed with the International Executive Board, not later than the fifth day following the Sub-Chapter's or Chapter's action on the challenge or protest. The appeal will be handled in the manner provided in Section 4(D). However, if the timing of a Retiree Conference is such that no International Executive Board meeting will be held prior to the conference, the International President may decide any protest relating to such conference, and, under such circumstances, the decision of the International President shall be final.
2. If the right of a delegate from a Sub-Chapter or Chapter to be seated at a state, regional or national conference of the retiree organization is challenged, the Credentials Committee shall review the report and decisions, if any, of any prior appeals before making a decision concerning the validity of the delegate's credential.

ADOPTED AND APPROVED BY THE INTERNATIONAL EXECUTIVE BOARD ON JUNE 8, 1979.

American Federation of State,
County and Municipal Employees, AFL-CIO
AFSCME Retiree Program
1625 L Street, N.W.
Washington, D.C. 20036

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