Section 560IAC2-2-10. Election requiring a runoff ballot

   (a) When a runoff is appropriate. The board shall order a runoff when the original ballot provided for not less than three (3) choices (for example, at least two (2) choices and "no representation") results in no choice receiving a majority of the votes of the total number of school employees who were eligible to vote and when any objections or challenges filed have been disposed of, as provided herein. Only one (1) runoff shall be held pursuant to this section.

  (b) Voter eligibility. School employees who were eligible to cast the original ballot and who are in an eligible category on the date of the runoff shall be eligible to vote in the runoff.

  (c) Choices on ballot. The runoff ballot shall provide for a selection between the two (2) choices receiving the largest and second largest number of votes.

  (d) When a runoff is inappropriate. There can be no runoff ballot where:

(1) there are but two (2) choices on the ballot;

(2) all choices, including "no representation," receive an equal number of votes, there are challenged ballots or objections that would affect the results of the election, or less than all eligible voters cast valid ballots; or

(3) where two (2) choices receive an equal number of votes and a third choice receives a higher but less-than majority of eligible votes, there are challenged ballots or objections that would affect the results of the election, or less than all eligible voters cast valid ballots.

  (e) Certification of results. In the event two (2) or more choices receive the same number of votes and there are no challenged ballots that would affect the results of the election and all eligible voters have cast valid ballots, there shall be no runoff; a certification of results of election shall be issued, and the representation petition(s) dismissed. (Indiana Education Employment Relations Board; 560 IAC 2-2-10; filed Oct 6, 1988, 11:15 a.m.: 12 IR 306; readopted filed Sep 12, 2001, 10:55 a.m.: 25 IR 529; readopted filed Nov 30, 2007, 11:19 a.m.: 20071226-IR-560070368RFA; readopted filed Sep 10, 2013, 10:25 a.m.: 20131009-IR-560130214RFA)