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ENACTED AND APPROVED BY THE BOARD OF DIRECTORS

OF THE UNION ON JANUARY 19, 2002 IN BALTIMORE, MD AND REVISED


ON APRIL 4, 2004 AT A BOARD TELECONFERENCE

INTRODUCTION

Consistent with the 1996 Constitution of the Union of Liberian Associations in the Americas
(ULAA), the following Elections Law as recommended by the National Elections Commission
has been enacted and approved by the Union’s Board of Directors to govern the conduct of all
elections in the union. Specific portions of this law refer to the conduct of elections in ULAA
chapters.

ARTICLE I

INTERPRETATION AND APPLICATION OF THE ELECTIONS LAW

Section 1: In this election law, unless the context otherwise indicates-

i. “Ballot” means one or more sheets of paper upon which are printed the name and or
photograph of candidate

ii. “Board” means the Board of Directors of the Union

iii. “Candidate” means a person who declaring in writing, to the commission his/her intention
to run for an elected office in the Union, who has been qualified by the commission to
contest an elective position in the Union, and who received signed endorsement in keeping
with this election law

iv. “Chapter” means a member organization of the Union

v. “Chapter final voter’s roll” means the complete list of chapter members who are eligible to
vote in a chapter primary

vi. “Commission” means the National Elections Commission

vii. “Constitution” means the constitution of the Union

viii. “Counting Center” means one or more locations selected by the commission for counting
of ballots

ix. “Election” means choosing elected officers of the Union


x. “Election Officer” means a member of the commission or person designated by the
commission to assist in conducting an election

xi. “List of Candidates” means the list of persons qualified by the commission to contest an
election

xii. “Local commission” means a Chapter Elections Commission/Committee which has the
power and authority to conduct a chapter election(s), a chapter primary or a special chapter
primary in its chapter.

xiii. “Membership strength” means the total number of members in each chapter whose names
are listed in the most current ULAA voter’s roll from that chapter.

xiv. “Objector” means a person or persons who file a written protest with the commission

xv. “Panel” means the Electoral panel established to hear and dispose of all elections
complaints and disputes

xvi. “President” means National Administrative President of the union

xvii. “Proxy delegate” means a person accredited by his/her chapter to replace a voting delegate
in an election

xviii. “Regular General Election” means the election held every two years in the union for
national administrative officers as required by the constitution

xix. “Re-election” means election ordered by the commission or the Electoral Panel as a result
of a protest or appeal

xx. “Special Election” means election held as authorized by the union to fill vacancies as a
result of death, resignation, disability or other cause

xxi. “Shall” is mandatory and “May” is permissive

xxii. “ Spoiled Ballot” means each ballot that :

a. is spoiled by the voter,


b. unable to be voted because it was spoiled by the printer or the election officer
c. lacks the official endorsement of the commission

xxiii. “Ticket” means a presidential candidate and a national executive vice presidential
candidate contesting an election

xxiv. “Timetable” means a timetable for an election published or released by the commission
consistent with the union’s constitution and the election law

xxv. “ULAA” means the Union of Liberian Associations in the Americas

xxvi. “Union” means the Union of Liberian Associations in the Americas


xxvii. “Vacancy” means the absence of a person in any position created by the constitution,
whether that absence occurs because of death, disability, disqualification, resignation,
nullification of election result or other cause

xxviii. “Voter” means a person who meets the requirements for voting in an election, meets the
requirements of election registration, is registered to vote and is listed in the official voters’
roll

xxix. “Voting Area” means the area within six feet of the boots, ballot box, polling station or
counting center

xxx. “Voting Booth” means a space or compartment within a polling place that is provided for
the preparation of ballots and the casting of votes

xxxi. “Voting Station” means any voting station established by the commission in a city, town,
or place where the annual general assembly is convening or in a city, town or place
designated by the union to conduct an election for elected officers

xxxii. “Voters’ Roll” means the list of eligible voters compiled by the commission consistent
with the election law

xxxiii. “Voting delegate” means a person accredited by his/her chapter to vote in an election

xxxiv. “Watcher” means a voting poll watcher, a counting poll watcher or observer

Section 2: Unless specifically stated, all words in this election law importing one gender include
and apply to the other gender as well.

Section 3: Every person interpreting or applying this election law must do so in a manner that
gives effect to the guarantees, rights and responsibilities contained in the Union’s constitution.

ARTICLE II

GENERAL PROVISIONS

Section 1:The National Elections commission shall be comprised of 13 members, representative


of or with interest in the 13 political subdivisions of the Republic of Liberia. Commission
members and officers shall be appointed to a three year term by the president, with the advice of
the National Leadership Council and the approval of the board. The commission shall have a
chairman, Vice Chairman and Secretary.

Section 2: The commission shall organize and conduct elections for all elective positions in the
union and referendum.

Section 3:The administrative head office of the commission shall be located in the city or town
where the chairman of the commission resides. All correspondences, documents, communication
and payment to the commission shall be sent to the mailing address of the administrative head
office of the commission or to the commission chairman or his designee.
Section4: Quorum for all meetings of the commission shall be a two third majority of members
present but decisions of the commission shall be reached by simple majority. Members shall
receive prior notice to attend meetings. In case of emergency or when it becomes difficult for the
commission to meet in order to reach a decision, the chairman or person in charge may seek the
opinions and votes of members through telephone, fax, email and other means in deciding a
particular matter.

Section 5: The commission shall have the power to impose fines. However, no fine shall
exceed one hundred fifty dollars. The commission may deny or disqualify candidate(s)
and or delegate(s) from participating in a regular general or special election because of failure to
pay fine. Candidates or delegates who are denied or disqualified by the commission because of
failure to pay fines shall not be replaced.

Section 6: The commission may organize debate(s) in one or more cities/towns of a member
organization for candidates vying in an election.

Section 7: All chapters accrediting delegates to vote in an election must be bona fide members of
the Union, must be in good standing and must meet all financial obligations including payment of
dues to the Union at least two weeks prior to an election.

Section 8: Chapters which seek to accredit delegates to participate in an election must submit
their current membership listings and addresses of its members to the commission at least four
weeks prior to the election.

Section 9: There shall be a five-member Electoral Panel, which shall hear and dispose of all
electoral complaints and appeal. The panel shall have final jurisdiction in respect of all electoral
disputes and complaints. No decision or order of the panel shall be subject to appeal or review.

Section 10: The Board shall by February 28 in each regular general election year constitute the
Electoral panel. The panel shall consist of a member each from five chapters. Panel members
shall serve a two-year term. Members shall not be removed except by impeachment by a two
third majority of the board. The panel shall elect its own chairman, vice chairman and Secretary
to serve a one-year term. However, the panel may vote by simple majority re-constitute its
leadership whenever it deems it necessary.

Section 11: Three members shall constitute quorum for all meetings of the panel. However, in
case of emergency or when it becomes difficult for the panel to meet, members may vote to
dispose of electoral disputes and complaints through telephone, email, fax or other means.

Section 12: No person while serving on the commission or the panel shall be eligible to contest a
regular general or special election in the Union. When a vacancy is created on the commission as
a result of death, resignation, impeachment, disability or other cause, the president shall not later
than two months as of the date of the vacancy submit name(s) of replacement to the Board for
confirmation.

Section 13: The commission shall publish or release an election timetable at least four months
prior to the election day of a regular general or special election.
Section 14: The commission shall prepare, print or provide ballot papers for an election, and shall
for a minimum fee provide application forms and other documents to persons wishing to contest
an election.

ARTICLE III

NOTICE OF ELECTION

Section 1: On or before January 31 in each regular general election year, the president shall
prepare and transmit a written notice of election to the Board, heads of all union chapters and the
commission. The notice shall:
a. designate the offices to be filled in keeping with the union’s constitution
b. specify the city where the election will be held in keeping with the decision of the general
assembly or a resolution of the Board
c. the date of the election
d. direct the commission to circulate and or publicize the election notice as much as possible not
later than the third week of February in a regular general election year

Section 2: The Board in a resolution may not later than February 28 in a regular general election
year notify the commission to organize and conduct a regular general election if the notice of
election has not been transmitted by the president by January 31 in a regular general election year.
The resolution shall designate the offices to be filled and shall specify the city/town and date of
the election.

Section 3: The commission may amend the election timetable in a notice to the Board, president,
chapters and the public if the commission considers the amendment necessary for a free and fair
election or if the voting day is postponed. Election shall only be postponed by a resolution signed
by two-third-majority of the Board.

Section 4: With the consent of the Board, the president may call a special election to fill
vacancies created by death, resignation, disability, impeachment or other cause. Special elections
shall be conducted using the procedures for regular general elections and notice of special
elections shall be the same as regular general elections.

Section 5: Unless otherwise provided under the union’s constitution and the election law, all
vacant elective offices shall be filled within six months by regular or special elections. The Board
in a resolution may direct the commission to organize an election to fill a vacancy after six
months when the vacancy was created.

ARTICLE IV

ELECTION OF CHAPTER DELEGATES

Section 1: In an election year, each chapter Elections Commission shall conduct primaries for the
purpose of electing delegates who shall be accredited to vote in the Union’s general or special
election. The ULAA Elections Commission shall publish election timetable for all chapter
primaries.
Section 2: Each chapter shall be assigned 15 accredited voting delegates who shall vote in a
Union’s general or special election. The 15 delegates shall be voted for by the general
membership in each chapter primary which shall be organized by the various chapters. In addition
to the 15 delegates, each member chapter that has a membership in excess of 200 shall be entitled
to one additional delegate to each set of 25 members whose names are listed in the chapter’s
voter’s roll. This means that a chapter that has 300 members shall be entitled to its original 15
delegates and then four additional delegates for the 100 extra members. Election of voting
delegates for a chapter shall be determined by the votes received by each candidate. Only
candidates with the highest votes won in the chapter primary shall be accredited by the chapter as
voting delegates. All accredited delegates shall physically be present to cast ballots in a general or
special election of the Union.

Section 3: The election result of each chapter primary shall be announced immediately after the
counting of votes. Each Chapter Elections Commission shall within a seven day period submit to
the ULAA Elections Commission the names of all voting delegates and proxy delegates.

Section 4: The Chairman of the ULAA Elections Commission or his/her designee(s) shall
observe all chapter primaries and shall certify election results of such primaries within 72 hours
after the announcement of said election results. The Chairman of the commission or his/her
designee shall publish a Certification of Election for chapter delegates (voting and proxy) within
one week after the announcement of election result from that chapter unless the commission
determines that the chapter primary was not free, fair and transparent and was not held consistent
with the chapter’s election guidelines and provisions of this election law relating to chapter
primaries.

Section 5: A chapter may submit to the commission as many names as possible of proxy
delegates who may be qualified by the commission to vote in a general or special election of the
Union. However, only candidates who participated in the chapter primary shall be qualified by
the commission to vote in the ensuing general or special election. The proxy delegate with the
highest votes received in the chapter primary shall be qualified by the commission to replace a
voting delegate if that voting delegate is not physically present to vote after all names of
accredited voting delegates from that chapter have been called upon to receive and cast ballots.

Section 6: A special fee shall be levied by the Union’s Board for every member of a chapter who
shall be qualified to vote in the chapter’s primary. The commission shall from time to time
propose such fee to the Board. Each chapter shall be responsible to generate and or collect the
special fee from its members and submit same to the commission prior to the commencement of
voting during a chapter primary. All such payments by the chapter shall be in the form of money
order or certified check payable to the Union.

Section 7: A voting and proxy delegate shall be at least 18 years old, a registered member of
his/her chapter prior to his/her election and must be current and legal resident of the chapter that
accredited him/her. All voting and proxy delegates accredited by a chapter shall be qualified by
the commission to vote in a regular or special election.

Section 8: All chapter primaries shall be conducted consistent with their published election
guidelines, their election timetables and provisions of this election law that relate to chapter
primaries. Election timetables released by local commissions for chapter primaries shall be
consistent with the election timetable released by the ULAA Elections Commission.
Representatives from Liberian and non Liberian organizations may be invited by the chapter to
serve as election observers during a chapter primary.
Section 9: Each local commission shall publish a special election guideline and election timetable
in its chapter for the holding of chapter primaries at least two months prior to the holding of the
primary. The guidelines shall establish registration requirements for candidates, how election will
be conducted, when polls will be opened and closed, how to file and dispose of protest(s) and the
grounds for disqualifying candidates and or nullifying an election result. Each local commission
shall make reasonable efforts to distribute the election guidelines to chapter members and shall
also make reasonable efforts to duly informed chapter members about the chapter primary.

Section 10: Each local commission shall publish the list of qualified candidates at least one
month prior to the holding of the chapter primary. All candidates must be registered members of
their chapter, 18 years or older and must be legal residents of their respective chapters and of the
United States.

Section 11: Each local commission shall publish a preliminary voter’s list of all chapter
members who shall vote in the chapter primary at least two weeks prior to that primary.
The local commission shall make all reasonable efforts to ensure that all corrections are made to
the list of eligible voters before the final publication. Once the final list is published, the local
commission shall not make any alteration, modification, correction or changes to the chapter final
voter’s roll.

Section 12: Each local commission shall publish its final voter’s roll at least one week prior to
the chapter primary. A copy of the final voter’s roll shall be electronically sent to the
ULAA Elections Commission on the same day of publication of that voter’s roll. The
local commission shall also within 24 hours after said publication mail for overnight
delivery a hard copy of the final voter’s roll to the commission.

Section 13: Chapter member(s) or candidate(s) shall have the right to file protest(s) to
with the local commission against any aspect of the electoral process. The protest shall be
duly signed for by the chairman of the local commission or his/her designee who shall
acknowledge in writing receipt of said protest. A copy of the protest(s) shall be served on
the National Elections Commission electronically, through certified and or overnight mail
within two days of filing. All protests shall be disposed of by the local commission within
one week of filing. Aggrieved chapter member(s) or candidate(s) may appeal to the
National Elections Commission which shall dispose of such appeal within seven days
after receipt of the appeal. However, all protests against a chapter’s final voter’s roll shall
be submitted directly to the National Elections Commission electronically and by
overnight delivery at least five days prior to the chapter primary.

Section 14: The National Elections Commission shall hear and dispose of all protests
relating to final voter’s roll prior to the commencement of polling. Decisions of the
National Elections Commission regarding a chapter’s final voter’s roll shall only be
appeal by a local commission to the ULAA Electoral Panel. Such appeal must be filed
electronically or in writing with the Panel and a copy served on the National Election
Commission before the commencement of actual voting. However, election in a chapter
primary shall not be postponed or cancelled because of any appeal filed by the local
commission against the National Elections Commission.
Section 15: The Union Election Commission shall have the right to nullify and declare void the
election result of a voting delegate(s) or a proxy delegate(s) if the commission determines that
said election was not held consistent with provisions of the Union’s Elections Law that relate to
the holding of chapter primaries and or the guidelines published by that chapter’s Election
Commission for that primary. Nullification of election result(s) by the commission shall be done
within one week after the announcement of election results for a chapter primary. However, the
commission shall only nullify and declare void an election result consistent with Article IX
Sections 7, 8, 9, 10, 11 of this election law and or if the commission determines that the chapter
election guideline was grossly violated which resulted to the election of a candidate who would
not have been elected. The chapter election Commission or the aggrieved candidate(s) shall have
the right to appeal to the ULAA Electoral Panel within 48 hours after the commission shall have
announced its determination regarding any aspect of each chapter primary. The electoral panel
shall hear and dispose of all appeal within a one week period as of the date of receipt of the
appeal.

Section 16: Whenever an election result for a voting delegate is nullified and declared void by the
Chapter Elections Commission or the National Elections commission, the proxy delegate with the
highest votes received from that chapter primary shall replace that voting delegate. However the
Chapter Election Commission shall conduct a special election within two weeks to replace a
voting delegate whose election result was nullified by a chapter Election Commission or the
National Election Commission if there is no proxy delegate to replace that disqualified voting
delegate. In the event the National Elections Commission shall nullify and declare void the entire
election result for all voting and proxy delegates from a chapter, the commission shall within a
three week period conduct and supervise a special chapter primary for the purpose of electing
voting delegates and proxy delegates for that chapter.

Section 17: All electoral complaint(s) shall first be heard and disposed of by a local commission
except the complaint is against the entire local commission. All electoral complaints (decisions or
actions) against a local commission shall be filed with the National Elections Commission which
shall hear and dispose of such complaint(s) consistent with provisions of this election law. The
ULAA Electoral Panel shall not hear and dispose of any electoral complaint (appeal or protest)
regarding a chapter primary unless that appeal or protest is against the entire National Election
Commission. Complaint(s) against a member(s) of a local commission shall be filed with that
local commission. Similarly, complaints against a member(s) of the National Elections
Commission shall be filed with the National Elections Commission. All complaints against the
National Elections Commission shall be filed with the ULAA Electoral Panel consistent with
provisions of this election law relating to chapter primaries.

ARTICLE V

COMPILING THE VOTERS’ ROLL

Section 1: Each chapter shall at least three weeks prior to a regular general or special election
submit to the commission by certified mail a comprehensive list of members of their chapters.
The list shall contain exactly the names of chapter members whose names appeared on the
chapter’s final voter’s roll for the chapter primary. The commission may not qualify delegates
from chapters submitting membership lists after the three week deadline.
Section 2: The commission shall compile a voters’ roll for each regular general or special election
in the union. The voters’ roll shall contain a comprehensive list of all members of union chapters.
The commission shall submit copies of the voters’ roll to the board, the National Leadership
Council, the National Administration, the Electoral Panel and chapters and at least one week prior
to a regular or special election. Candidates or interested individuals shall pay a minimum fee for
the voters’ roll.

Section 3: The commission shall prior to the commencement of polling, make available to
candidates or poll watchers a comprehensive list of qualified delegates from all chapters who will
vote in an election. All delegates accredited by chapters to participate in an election shall vote
individually and not on the basis of chapters.

ARTICLE VI

REGISTRATION REQUIREMENTS

SECTION 1: The commission shall prescribe the amount to be paid by each candidate as
registration fee. However, no fee shall exceed three hundred dollars per candidate.

Section 2: Each candidate shall submit to the commission a letter of application, a non refundable
registration fee and passport size photo not later than the relevant date stated in the election
timetable.

Section 3: All candidates except the presidential and national executive vice presidential
candidate shall contest regular or special elections as independent candidates. The presidential
and national executive vice presidential candidate shall run on the same ticket.

Section 4: If an applicant or a person nominated has not fully complied with the requirements set
in this election law, the commission must notify that person of his non-compliance. Such
notification must be given not later than the relevant date in the election timetable, and must
indicate that the person has an opportunity to comply with the registration requirements not later
than the relevant date stated in the election timetable.

Section 5: The opportunity provided for under article four section three of this election law
includes an opportunity to substitute a candidate and to re-order the names on the nomination list
as a result of the substitution.

Section 6: The commission shall publish the list of all aspiring candidates in a press release,
newsletter, the internet or through any medium so as to publicize the list as much as possible.

Section 7: Any member(s) of chapter(s) may file a written protest with the commission to the
qualification of a candidate(s) on the following grounds:

a. that the candidate does not meet the qualification(s) established by the constitution and the
election law,
b. the protest must be made to the commission by not later than the relevant date stated in the
election timetable and must be served on the candidate involved.
Section 8: The commission must decide the protest, and must notify the objector and the
candidate not later than the relevant date stated in the election timetable.

Section 9: The objector or the candidate may appeal against the decision of the commission to the
panel in writing and not later than the relevant date stated in the election timetable.

Section 10: The Panel must consider and decide the appeal and notify the parties to the appeal
and the commission in writing and not later than the relevant date stated in the election timetable.

Section 11: If the panel decides that an aspiring candidate or a nomination has not fully complied
with the constitution and or the election law, the panel may allow the aspiring candidate or the
nominating authority to comply with the qualification requirements set in the constitution or
election law including an opportunity to substitute an aspiring candidate and to re-order the name
on the list not later than the relevant date stated in the election timetable.

Section 12: All complaints, objection, protest, appeal and other important documents to the
commission or panel must be sent by certified mail or must be signed for by the chairman of the
commission or the panel or by their designees.

ARTICLE VII

QUALIFICATION OF CANDIDATES

Section 1: All persons seeking elective positions in the union shall be:

a. Liberian citizen, by birth or naturalization or dual nationality


b. 25 years of age or older
c. a member in good financial standing with a member organization
d. a legal resident of the United States or north or South American countries, and must have
resided in the Americas for at least two years prior to his/her candidacy
e. fill out and submit to the commission an elections application form
f. pay a non refundable registration fee as prescribed by the commission
g. have no criminal record within the last seven years
h. have demonstrated leadership in a Liberian organization
i. be at least a high school graduate
j. shall provide proof of membership in a union chapter by submitting to the commission a
letter from a chapter attesting to that person’s membership with that chapter, a chapter
identification card or any other document that indicates proof of chapter membership.

Section 2: An aspirant for the position of president shall submit to the commission a completed
election application, a letter nominating his/her running mate, a passport size photo, a declaration
of candidacy, a non refundable registration fee and a statement of endorsement not later than the
relevant date in the election timetable. There shall be at least ten signatories each from at least
five union chapters attached to the statement of endorsement. Each signatory shall provide
his/her place of residence, giving the street and number, city, state, zip code and telephone
number so as to ensure that the location is readily ascertained.
Section 3: An aspirant for the position of National Executive Vice President shall submit to the
commission not later than the relevant date stated in the election timetable a completed election
application, a passport size photo, a non refundable registration fee and a written statement that
he/she will accept the nomination, and will also accept the office in the event of his/her election.

Section 4: Aspirants for the positions of Regional Vice presidents, National General Secretary
and National Treasurer shall submit to the commission not later than the relevant date stated in
the election timetable a completed elections application, a passport size photo and a non
refundable registration fee.

Section 5: A candidate may withdraw his/her candidacy at least seven days prior to Election Day
provided that he/she submits a written withdrawal notice to the commission to the effect. The
commission shall not honor a withdrawal notice submitted within seven days to an election.
Election shall not be postponed or registration of candidate(s) resumed and or deadline for
registration of candidate(s) extended because of withdrawal of candidate(s) from an election even
in the event one person remains as a running candidate in that election.

Section 6: The commission may recommend to the Board to postpone an election or resume
registration of candidate(s), and or extend registration of candidates in the event that a candidate
dies before an election and or after the deadline for filing of candidacy applications if only one
person remains as a running candidate in an election.

ARTICLE VIII

ELECTION

Section 1: Election shall be held by secret ballots and the candidates with the highest number of
votes shall be elected to the office(s) for which they contested. Except candidates for regional
vice presidents who shall be elected by delegates from their respective regions, all other
candidates for elective positions in the Union shall be elected by delegates from all Union
chapters. Election shall be by simple majority.

Section 2: For each regular or special election, the commission shall announce the voting hours
including when polls will open and close. The commission may extend the polling time beyond
the specified time if the commission deems the extension necessary.

Section 3: Immediately before opening a voting station for voting, the commission or election
officer shall show to all poll watchers that each ballot box to be used at that polling station is
empty and shall in the presence of poll watchers close and secure the ballot box(s).

Section 4: Only delegates accredited by chapters and qualified by the commission shall vote in a
regular or special election. All electors shall vote in person. There shall be no absentee ballot.

Section 5: A person shall be entitled to vote at a voting station in an election if that person
identifies himself/herself to the election officer in the presence of at least three poll watchers and
if that voter’s name is in the certified voters’ roll. The following shall be accepted as
identification: a state driver’s license, a state non-driver’s license, a driver’s license of a north or
South American country, passport or other official travel document issued by a government or an
international organization.
Section 6: When a voter shall be admitted into the polling room, the voter shall complete a form
and return same to the election officer. The voter may seek assistance from the election officer in
completing the form. When the completed form is returned to the election officer, the election
officer shall check the voter’s name on the voters’ roll in the presence of at least three poll
watchers. The voters’ roll shall be made available to poll watchers during regular voting hours.

Section 7: When a voter produces an identity document to an election officer, the election officer
must examine the identity document and determine whether:
a. the voter is the person described in that identity document
b. the voter’s name is in the certified voters’ roll
c. that voter has not already voted in the election

Section 8: Once the election officer has identified the voter, the voter shall receive a ballot
stamped by the commission and initialed by the Chairman of the commission or his designee. The
voter must enter an empty voting compartment or retire alone to a voting table,
place an “X” mark after the name of the candidate of his/her choice for each office to be filled,
fold the ballot paper to conceal the voter’s vote, take the ballot paper to a ballot box provided and
show it to the election officer in a way that the voter’s vote is concealed, placed the ballot paper
in the ballot box and without delay leave the voting center.

Section 9: An election officer, at the request of a voter, may assist a voter in voting if the voter
requires assistance due to blindness, physical disability or inability to read and write English. The
election officer shall in the presence of at least two poll watchers read over to the voter, without
suggestion or influence, the titles of the offices to be filled and the candidates thereof. The
election officer may assist the voter to mark the ballot paper after the voter has explicitly
indicated his/her choice. However, the secrecy of voting must as much as possible be preserved in
the application of this section.

Section 10: A voter who by mistake spoils a ballot, or accidentally marks a ballot paper in a way
that does not indicate for whom the voter wishes to vote and the ballot paper has not yet been
placed in the ballot box, the voter may return that ballot paper to the election officer folded and
the election officer shall immediately stamp it with a VOID” stamp on the back of the ballot,
initial the back of the ballot paper and deposit it in a box marked “voided ballots”. No voter shall
be given more than three sets of ballots in an election.

Section 11: No ballot shall be voided by reason of the fact that the ballot is marked other than
with an “X” mark, so long as there is a clear indication that the person marking such ballot has
made a definite choice.

Section 12: The commission shall deny any delegate/voter from voting on Election Day if that
person willfully:
a. removes or conceals any voting material
b. damages , defaces or destroys any voting or election material
c. obstructs or cause to obstruct the voting process
d. incites or engages in physical violence or disorderly conduct at a polling station
e. makes a fraudulent entry or alteration, or permit another person to make a fraudulent entry or
alteration of any voting or election material

Section 13: During the prescribed hours of an election, no person shall print, publish, distribute
or announce the result of any exit poll taken in that election.
Section 14: Each candidate may have one or more poll watchers designated to observe the polling
and counting of votes at a polling station. The commission shall during each election determine
the number of poll watchers per candidate. A poll watcher shall be a registered member of a
chapter. Each candidate desiring to be represented by a poll watcher must submit to the
commission the name of the poll watcher at least twenty-four hours prior to the opening of polls.

Section 15: Any poll watcher who intimidates influences or interferes with the right to vote or not
to vote as an elector may choose shall be immediately expelled from the polling station by an
election officer. An expelled poll watcher may be replaced.

Section 16: Engaging in or inciting physical violence or drinking and or possession of alcoholic
beverages in the vicinity of the polling place is strictly prohibited. Violators may be denied the
right to vote or to be voted for in the election being held and may also be barred from
participating in future elections in the union for up to four years.

ARTICLE IX

COUNTING OF BALLOTS

Section 1: As soon as the polls are closed, the commission shall immediately begin the counting
of ballots in the presence of poll watchers. Each ballot shall be displayed and the names read
loudly so that the poll watchers will hear. The counting of ballots shall not be delayed because of
the departure of any poll watcher(s) from the counting center.

Section 2: Poll watchers are to remain in the counting center while the votes are being counted.
Violators of this section may be denied re-entry to the counting center.

Section 3: A member of the commission shall verify the number of electors who voted at the
polling station and the number of spoil and unused ballots prior to the counting of ballots. The
ballot box is then opened and emptied on to a table, after which ballots are examined and
counted. The ballots may be examined at the request of a poll watcher during the counting.

Section 4: A member of the commission shall eject any ballot that:


a. was not supplied by the commission for an election,
b. that indicates the identity of the voter
c. on which a vote is cast for more than one candidate for the same office
d. the ballot is marked in such a way that is not reasonably possible to determine the voter’s
choice
Section 5: At least half of the poll watchers are to sign the tally sheet. At the request of a poll
watcher, the commission may recount ballots before the tally sheet is signed. However, the
recount shall be only for the position being contested by the poll watcher’s candidate(s).

Section 6: The commission shall retain all ballots, and other voting and election materials.

Section 7: The commission shall announce the result of an election as soon as the votes are tallied
and the tally sheet is signed. Unless an election result is contested, the commission shall issue
Certificate of Election to a declared winner within four weeks after an election result is
announced.

ARTICLE X
ELECTION CONTEST

Section 1: A candidate may file a written protest with the commission concerning any aspect of
an election that is material to the final result of the election provided however, that the protest
must be filed within 48 hours after the election result is publicly announced.

Section 2: The commission shall within four weeks after the protest has been filed decide the
protest and must notify the objector and all parties involved with the protest of the decision. The
Electoral Panel shall hear and dispose of all election appeals within four weeks after the appeal
was filed.

Section 3: Any objector or party involved in the protest and who feels aggrieved by the decision
of the commission may appeal to the Electoral Panel one week after receipt of the commission’s
decision.

Section 4: If the commission or the Electoral Panel decides as a result of a protest or appeal that a
serious irregularity has occurred concerning any aspect of an election that materially affected the
election result or placed in doubt the result of an election, the commission or the panel may do
any or all of the following:
a. declare void the election of the candidate to that office, declare the office vacant and
order a re-election

b. annul the election result for that office, oust and exclude the candidate from office, declare
the office vacant and notify the president or person in charge to call a special election for that
office

Section 5: If in any election contest (protest or appeal) it appears that another person than the
defendant has the highest number of legal votes, the commission or the Electoral Panel shall
declare that person elected.

Section 6: All re-elections shall be held within three months as of the date of the order of the
commission or panel. The method and procedure for voting shall be the same as a regular general
or special election. Only candidates who were qualified to run for that office before the protest or
appeal was filed shall contest the re-election.

Section 7: The following shall constitute ground for disqualification of candidate(s) or


nullification of an election result:

a. ineligibility of the successful candidate to hold elected office in the association consistent
with the union’s constitution and or the election law
b. that the successful candidate perpetrated or aided in any fraud about the votes cast
c. that the receipt of a number of illegal votes or rejection of legal votes are sufficient to change
or place in doubt the result of the election
d. that there were serious irregularities that materially affected the final result of the election
e. that the successful candidate willfully provided false information to the commission in
support of his or her candidacy
f. that the successful candidate willfully took, removed, detained, carried away, concealed,
damaged, defaced or destroyed, mutilated any ballot paper or election or voting material
g. that the successful candidate engaged in or incited riotous conduct, physical violence or
disorderly conduct at a polling station or in a voting area or interfere in any manner with an
election officer in the discharge of his duties
h. that the Successful candidate in any manner interfered with the election officer(s) holding an
election or with the voters lawfully exercising their rights of voting in an election, so as to
prevent the election from being fairly held or lawfully conducted

i. that the successful candidate willfully delayed or caused to delay the delivery of any ballots,
voting or election material
j. that the successful candidate willfully made or placed any mark or device on any ballot

k. that the successful candidate willfully removed or destroyed any of the supplies or
conveniences furnished to enable a voter to vote
l. that the successful candidate willfully defaced, tore down, removed or destroyed any
instruction to vote or sample ballot, printed or posted for the instruction of voters during an
election
m. that the successful candidate obstructed, hindered or caused to obstruct the voting process

n. that the successful candidate made a fraudulent entry or alteration, or permitted another
person to make a fraudulent entry or alteration of any voting or election material
o. that the successful candidate aided, counseled, provided, advised, or assisted any person(s) to
do any of the acts specified in this section
p. that the successful candidate provided false information to the commission or concealed
material information from the commission that was vital to the qualification of that candidate

Section 8: Any irregularity or improper conduct by a member or members of the commission


does not void an election result unless the irregularity or improper conduct would result in the
election of a person who did not receive the highest number of legal votes.

Section 9: When any election held for any office is contested because of any irregularity or
improper conduct on the part of a member or members of the commission, the Electoral Panel
upon proof of the irregularity or improper conduct may not set aside the election result unless the
irregularity or improper conduct would change the result for that office. However, the
commission or the Electoral Panel may impose fines for irregularity or improper conduct that
would not materially affect the election result for an office.

Section 10: An election may not be set aside because of a mistake in the conduct of the election
or a failure to comply with the election law, unless the mistake or failure materially affected the
result of an election.

Section 11: Any mistake in the voters’ roll or the final list of candidates or the ballot paper does
not invalidate that voters’ roll or that list of candidates or that ballot paper except the commission
determines that the mistake is serious enough to materially affect the result of an election.

Section 12: Unless otherwise provided in the constitution and or the election law, a person elected
to an office in the union shall be inducted not later than the eighth week after the election result
was made public.

ARTICLE XI
STANDARD OF ELECTIONS FOR ULAA CHAPTERS

Section 1: In order for any election in a ULAA chapter to be considered free, fair, credible and
transparent, it must meet the following minimum standard:

a. said election must be conducted and supervised by an independent Elections


Commission/Committee appointed consistent with the constitution or laws of that
chapter;
b. the local commission must draft elections guidelines/laws which must be approved by the
chapter consistent with the constitution or laws of that chapter;
c. the local commission must publish the election guidelines/laws at least three months prior
to the elections or within the specified time provided under that chapter’s constitution;
d. the local commission shall make reasonable efforts to circulate the election
guidelines/laws to members as much as practicable;
e. the local commission shall publish an election timetable at least three months prior to the
chapter election(s) or within the specified time provided under the chapter elections
guidelines/laws and or constitution;
f. the election guidelines/laws shall clearly state the positions that will be vied for,
qualification requirements for all candidates, how candidates are registered, the grounds
for qualifying or disqualifying applicants to contest the election(s), the grounds for
revoking the qualification of candidates, who shall file protest(s), when protest(s) shall be
filed, how protest(s) shall be filed and how protest(s) shall be disposed of by the local
Commission; and
g. the election guidelines shall also clearly state the date of the elections, the time when
polls are open and close, how the election will be conducted, when the elections result
will be announced, who shall announce the election result, how aggrieved party or parties
shall file protest(s), when protest shall be filed to challenge the election result(s), when
and how the local commission shall dispose of Election protest(s).

Section 2: Each local cmmission shall publish preliminary voters’ list at least three weeks prior
the holding of the chapter election(s) or within the specified time provided by the chapter
constitution. The local commission shall make reasonable efforts to make all corrections, addition
and or deletion to the preliminary voter’s list within the time period provided under the elections
guidelines for that election(s). The local commission shall publish the final voter’s list at least one
week prior to the elections.

Section 3: The local commission shall not make any correction, alteration, deletion or addition to
the final voter’s list. Only individuals whose names are published on the final voter’s list shall be
eligible to vote in the chapter elections. The local commission shall require a person who is
eligible to vote in the chapter election to identify himself/herself in the presence of poll watchers,
observers, representatives of candidates before any ballot paper(s) is issued to that voter to cast
his/her vote. The local commission shall in the elections guidelines/laws determine what shall
constitute proof of identity for voters.
Section 4: The local commission shall serve copies of the final voter’s list to all candidates
contesting in the elections at least two days prior to the elections. The candidates or their
representatives shall duly sign for the final voter’s list from the Local Commission. In order to
represent a candidate, that candidate must write a letter of authorization to the Local Commission
designating a member(s) of the chapter to represent him/her. The local commission shall also
submit a copy of the final voter’s list to the National Elections Commission at least two days
prior to the chapter elections by electronic and certified/overnight delivery.
Section 5: The Chairman of the National Elections Commission or his/her designee shall observe
all chapter elections, and shall issue certificate of attestation if the commission determines that
the chapter election was free, fair, credible and transparent. Similarly, when the commission
determines that a chapter election was not free, fair, credible and transparent, it shall prepare and
submit a written report to the Union Board about its findings and recommendations regarding
said election(s). Each Local Commission shall extend written invitation to the Chairman of the
National Elections Commission not later than three weeks to observe the chapter elections. The
local commission shall be responsible for the travel expenses of the Chairman of the National
Elections Commission or his/her designee except where the Union decides to assume
responsibility for such an expense.

Section 6: The local commission may organize one or more debates for presidential and vice
presidential candidates as well as other candidates as the committee shall deem necessary. The
date(s) of the debate(s) shall be provided in the election timetable. However, the local
commission shall have the right to re-schedule all chapter debates as it shall see fit, and shall duly
inform all candidates. The presidential and vice presidential candidates shall be required to
participate in at least one debate. Chapters may prescribe penalties in their elections
guidelines/laws for the failure of presidential and vice presidential candidates or other candidates
to participate in a chapter debate(s).

Section 7: The Election timetable for each chapter election shall be published consistent with that
chapter’s elections guidelines/laws, the chapter constitution and this Election Law. Similarly,
changes to any chapter election timetable shall only be made consistent with the chapter’s
published guidelines/laws, the chapter constitution and this Election Law.

Section 8: All election disputes in a ULAA chapter shall be resolved consistent with that chapter
elections guideline/laws and or constitution. However, the National Elections Commission, acting
on its own or after receiving complaints from aggrieved candidate(s) may file a formal complaint
against the outcome of a chapter election(s) to the Union Board if the commission determines that
elected officer(s) from that chapter including those who will be representing the chapter at ULAA
received a number of illegal votes that placed in doubt the result of the election or that there were
serious irregularities that materially affected the final result of the chapter election. The National
Elections Commission may also file complaint to the Board against the outcome of a chapter
election for the following reasons:

a. ineligibility of the successful candidate(s) to hold elected office in the chapter consistent
with the chapter’s constitution and or the election guidelines/ laws
b. that the successful candidate perpetrated or aided in any fraud about the votes cast
c. that the rejection of legal votes are sufficient to change or place in doubt the result of the
election
d. that the successful candidate willfully took, removed, detained, carried away, concealed,
damaged, defaced or destroyed, mutilated any ballot paper or election or voting material
e. that the successful candidate engaged in or incited riotous conduct, physical violence or
disorderly conduct at a polling station or in a voting area or interfere in any manner with
an election officer in the discharge of his duties
f. that the Successful candidate in any manner interfered with the election officer(s) holding
an election or with the voters lawfully exercising their rights of voting in an election, so
as to prevent the election from being fairly held or lawfully conducted
g. that the successful candidate willfully delayed or caused to delay the delivery of any
ballots, voting or election material
h. that the successful candidate willfully removed or destroyed any of the supplies or
conveniences furnished to enable a voter to vote
i. that the successful candidate willfully defaced, tore down, removed or destroyed any
instruction to vote or sample ballot, printed or posted for the instruction of voters during
an election
j. that the successful candidate obstructed, hindered or caused to obstruct the voting
process
k. that the successful candidate aided, counseled, provided, advised, or assisted any
person(s) to do any of the acts specified in this section

Section 9: All electoral complaints submitted by the National Elections Commission to the Board
shall be heard by the Board within four weeks of receipt of said complaint. Decisions of the
Board shall be final and binding on the Union and the chapter concerned and may affect that
chapter’s representation at ULAA. However, decisions of the Board shall be consistent with that
Chapter’s Constitution and or elections guidelines/laws and or the Union’s elections law under
article XI. Aggrieved candidate(s) and other chapter members as well as others may testify for the
commission during the Board investigation/hearing.

Section 10: The board shall not void an election result because of any irregularity or improper
conduct by a member or members of the chapter Elections Commission unless the irregularity or
improper conduct would result in the election of a person who did not receive the highest number
of legal votes. Similarly, the board may not set aside a chapter election result(s) because of any
irregularity or improper conduct on the part of a member or members of the local commission
unless the irregularity or improper conduct would change the result of the election.

Section 11: The Board may not set aside a chapter election result because of a mistake in the
conduct of the election or a failure to comply with the election guideline/law, unless the mistake
or failure materially affected the result of that election.

Section 12: It shall require a 2/3 majority of members of the Board who participated in the
investigation/hearing of the electoral complaint to nullify the election result from a chapter, order
a re-election and or declare the candidate(s) with the highest number of legal votes as winner(S)
in a chapter election(s).

ARTICLE XII

PROVISIONAL CLASUE

Section 1: This election law which was enacted on January 19, 2002 is hereby revised by the
Board of Directors on April 4, 2004. However, this revised election law shall come into force on
January 1, 2006 for the conduct of the 2006 general elections and all other subsequent elections in
the Union.

FOR THE NATIONAL ELECTIONS COMMISSION

Abraham G. Massaley
Chairman, Elections Commission
FOR THE BOARD OF DIRECTORS OF THE UNION

Anthony V. Kesselly
Chairman, Board of Directors

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