Purpose


This rule amendment specifically permits the Office of the Ombudsman to issue an interim report prior to the actual election event recommending that an election be cancelled where the pre-election procedure was fatally flawed. The rule amendment will provide flexibility and will save associations the time and expense of waiting until the election has occurred to address fatal flaws in the process. The rule amendment also highlights the advisory role of the Office of the Ombudsman and clarifies that the Ombudsman properly observes the election, but does not affirmatively direct the operation of the election. This change is consistent with the recently issued opinion of the Attorney General (AGO 2005-53, Sept. 22, 2005) wherein it is concluded that the authority of the Office of the Ombudsman is primarily advisory in nature.