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Protests

A protest is not the same as a challenge. A challenge questions a nominee’s right to run for office. A protest questions the actual conduct of the election itself.

A protest may be filed immediately upon completion of the election or within 10 days thereafter. It should be filed in writing, with the election committee chairperson, if the committee has not yet been discharged, or with the president or secretary of the local.

Protests should be heard by the election committee, in the first instance, unless the committee has been discharged prior to the filing of the protest. In any event, the final decision should be made by the membership and it must be decided within 30 days after the protest is filed.

If the membership decides that there were violations that were of such a nature that they may have affected the outcome of the election, they may order the election, or any part of it, set aside and a new election held.

Appeals on protests (or on challenges) may be made to the Judicial Panel (1) within 10 days following the decision of the local, or (2) within 40 days after the protest was filed, if no decision has been reached by the local within 30 days after the protest (or challenge) is filed with the local.

There is a tendency on the part of some to file formal protests based on the most minute and technical of violations. This is, of course, the right of any member and the local — or the Judicial Panel — is bound to investigate the matter and rule on it.

When the matter is investigated by the Judicial Panel, they tend to take a somewhat practical position. If a violation is found that is of a purely technical nature, they then ask the inevitable question: “Did the violation or could the violation have affected the outcome of the election?” If the answer is “No,” they will not set aside the election.

On the other hand if the violations were of such a nature and scope that they might have affected the result, they will order a re-run — and may even supervise it themselves.

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