Florida Administrative Code (Last Updated: October 28, 2024) |
60. Department of Management Services |
60CC. Public Employees Relations Commission |
60CC-2. Election Procedures |
1(1) All elections shall be by secret ballot and shall be conducted by a designated agent of the Commission.
20(2) An election may be conducted by mail, on site, or by any combined method ordered or approved by the Commission.
41(3) Any party may be represented by not more than two (2) election observers of its own selection at each polling site. The Commission agent will request each observer to complete a Proof of Conduct of Election (PERC FORM 12) when the observer’s period of observation is concluded.
89(4) Other than voters who are engaged in the actual process of voting, no person shall be permitted under any pretext to come within fifteen (15) feet of the entrance to any polling site from the opening to the closing of the polls, except election agents, poll clerks, and election observers. The employee organization, public employer, and their respective agents are prohibited from observing or being present when mail ballots are marked, signed, or mailed.
164(5) Any party’s observer, or the Commission’s agent, may challenge, for good cause, the eligibility of any person to participate in the election. Ballots in on site elections may be challenged only when cast. Ballots in mail ballot elections may be challenged only at the counting of ballots. Prior to the counting of the ballots the parties may by mutual agreement, and with the consent of the Commission agent, resolve the challenge to any or all challenged ballots. The unresolved challenged ballots shall be impounded. When challenged ballots are sufficient in number to affect the results of the election, the challenging party shall file with the Commission affidavits and documentary evidence in support of its challenge(s) within fifteen (15) days after the date of issuance of the tally of ballots.
294(6) Upon the conclusion of the voting, the ballots shall be counted by the Commission agent, allowing observers for the parties to be present, and a written Tally of Ballots (PERC FORM 13) shall be furnished to each party.
333(7) Any mail ballot in which the voter has not signed the envelope, or in which the signature stub has been removed, shall be treated as void, absent proof to the contrary.
365Specific Authority 367447.207(1) FS. 369Law Implemented 371447.207(6), 372447.307(3), 373447.308 FS. 375History–New 5-6-79, Amended 1-17-80, Formerly 38D-18.03, 38D-18.003.