Section 560IAC2-2-11. Elections requiring a rerun ballot

   In the event no certification of representation can be issued because of an inconclusive or null election and there are challenged ballots which would affect the results or less than all eligible voters cast valid ballots, the board or its agent shall declare the initial election a nullity and shall conduct a rerun, providing for a selection from among or between the choices afforded in the original or runoff ballot where:

(1) the board or its agent orders a new election following the disposition of objections;

(2) the ballot provided for a choice among two (2) or more choices one (1) of which could be "no representation," and the number of ballots cast are equally divided among the several choices;

(3) the number of ballots cast for one (1) choice is equal to the number of ballots cast for another choice and less than the number of eligible voters cast ballots; or

(4) two (2) choices receive an equal number of votes and a third choice receives a higher but less than a majority of eligible votes.

The scheduling of any further reruns pursuant to this section shall be at the discretion of the board.

  School employees who were eligible to vote in the original election and who are in an eligible category on the date of the rerun shall be eligible to vote in the rerun.

  In the event two (2) or more choices receive the same number of votes and another choice receives no 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 rerun; a certification of results of election shall be issued, and the representation petition(s) shall be dismissed.

  In the event there are two (2) choices on the ballot, one (1) being "no representation," and both receive an equal number of votes and all eligible voters have cast valid ballots, there shall be no rerun; a certification of results of election shall be issued, and the representation petition(s) shall be dismissed. (Indiana Education Employment Relations Board; 560 IAC 2-2-11; 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)