REPRESENTATION ISSUES; ELECTIONS – Challenged Ballots

Single Topic for Decision A502E

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The Office of General Counsel (OGC) should impound challenged ballots without opening them and resolve challenges only if there are sufficient challenges to potentially impact the outcome. If that is the case, OGC may choose to resolve all challenges, or a subset based on limited issues that may be sufficient to render the remainder non-determinative. OGC should strive for efficiency in resolving challenges, as it does in compliance proceedings. (See, e.g., Bellflower Unified School District (2021) PERB Decision No. 2796, p. 22 [discussing option to accept sworn declarations in lieu of convening a compliance hearing].) (p. 16 & fn. 7.)