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Florida Administrative Code (Last Updated: October 28, 2024) |
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60. Department of Management Services |
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60CC. Public Employees Relations Commission |
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60CC-2. Election Procedures |
1(1) Within fifteen (15) days after the closing of the poll(s) or the deadline for returning mail ballots, any party may file with the Commission a post-election petition relating to the conduct of the election or conduct affecting the results of the election. Such petition shall contain a brief statement of the reasons therefore and shall be accompanied by documentary evidence and affidavits in support of the allegations of the petition.
72(2) An answer to any post-election petition may be filed with the Commission within fifteen (15) days after service of the petition. The answer shall state the answering party's position in refutation of the petition.
107(3) If a post-election petition is filed or if challenged ballots are sufficient in number to affect the results of the election, the Commission through its designated agent shall investigate such petition or challenges.
141(4) The Commission shall issue its order resolving relevant issues based upon the investigation; provided, however, that disputed issues of material fact may be determined upon an evidentiary hearing. The Commission may dismiss the post-election petition or challenges, order the counting of some or all of the challenged ballots, or, where warranted, set aside the previous election and order a rerun election.
203(5) Should any rerun election be ordered by the Commission, it shall be conducted pursuant to the procedures set forth in this rule chapter.
227Specific Authority 229447.207(1) FS. 231Law Implemented 233447.207(6), 234447.307(3), 235447.308 FS. 237History–New 5-6-79, Amended 1-17-80, Formerly 38D-18.05, 38D-18.005.
