Runoff Election

PURPOSE: This rule describes the requirements for a runoff election. (1) When the results of an election are inconclusive, the chair may conduct a runoff election without further order of the board. An inconclusive election is an election in which the ballot provides for not less than three (3) choices (that is, at least two (2) employee organizations and “neither”) and results in no choice receiving a majority of the valid ballots cast. Only one (1) runoff shall be held pursuant to this section, unless the board directs otherwise. (2) The ballot in the runoff 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. (A) Exception: Where, in the original election, all choices receive an equal number of votes, or where, two (2) choices having received an equal number of votes, a third choice receives a higher but less-than-majority vote, the chair should declare this election a nullity and conduct another (rerun) election with the same choices on the ballot. If the second election results in another such nullity, the petition should be dismissed; if the results of the second election require a runoff pursuant to the principles set forth in section (2), a runoff should be conducted. (B) Further Exception: Where two (2) or more choices receive an equal number of votes, another receives no votes, there are no challenges, and all eligible voters have voted, neither a runoff nor a rerun election should be conducted. A certification of results should be issued. (3) Employees who were eligible to vote in the original election and who are in an eligible category on the date of the runoff election shall be eligible to vote in the runoff election. (4) Upon the conclusion of the runoff election, the provisions of 8 CSR 40-2.160 shall govern, insofar as applicable. AUTHORITY: section 295.070, RSMo 2016.* Original rule filed Dec. 31, 1975, effective Jan. 10, 1976. Amended: Filed May 3, 1999, effective Nov. 30, 1999. Amended: Filed March 1, 2022, effective Oct. 30, 2022. *Original authority: 295.070, RSMo 1947.