2021 OESPA Election And Campaign Guidelines

NOTE: Scroll to the bottom of this page to download the nomination form for the three open positions this year.

1.   Constitution and Bylaws 

The nomination and election of Orange ESPA officers will be conducted electronically in accordance with the Orange ESPA Bylaws dated November 21, 2020, the Orange ESPA Policies Handbook dated February 3, 2016 and the Labor-Management Reporting and Disclosure Act of 1959, as amended. The rules of affiliate organizations shall also be followed when electing any member who shall hold voting rights to represent OESPA members within the affiliate organizations. The Elections Committee is responsible for conducting all elections.

2.   Term of Office

All delegate positions will be elected to a three-year term.

Delegates elected in 2021 will take office effective June 25, 2021.

3.   Eligibility to Hold Office

Eligibility requirements will be considered by the Elections Committee subsequent to the current election and the committee will make a recommendation to the OESPA Board of Directors concerning potential revision to the existing Bylaw provision.

4.   Nomination and Election Notice

A nomination and election notice shall be emailed to each OESPA member by no later than January 20, 2021. In addition to nomination forms, the notice shall include an elections calendar.

Those seeking office must sign the nomination form certifying their desire to be a candidate for office. In accordance with Article VIII.1.C. of the By- Laws, nomination forms must be received by the Elections Committee by no later than 5:00 pm on Wednesday, March 10, 2021.

To be nominated for any position, a candidate must submit to the Elections Committee a signed 2021 OESPA Election Nomination Form.

Nomination form and petitions must be received no later than March 10, 2021 for review.

Forms must be either:

  • FAXED to 407-386-9994
  • OR HAND DELIVERED to 5122 Edgewater Drive, Suite 100 Orlando, FL, 32810
  • OR E-MAILED to oespavotes@floridaea.org

5.   Nomination Acceptances

The signed and dated nomination form will be considered acceptance of nomination and commitment to serve if elected.

6.   Candidate Eligibility Determinations

The Elections Committee will review OESPA dues records to determine the eligibility of all nominees. Eligible nominees will be notified of their eligibility.   Ineligible nominees will be advised of the reason(s) they are not eligible to run for office.

7.   Meeting with Candidates

On Thursday, March 11, 2021, the Elections Committee will meet with all interested candidates at the OESPA office (or via Zoom) to discuss election procedures, distribution of campaign literature, observers, and other campaign rules. At this meeting, a drawing will be held to determine candidate position on the ballot. If a candidate is absent and does not have a representative at the meeting, an election committee member will represent the candidate in the drawing.

At this meeting, candidates will also be advised of the date, time, location of ballot counting and their right to have observers at each of this location.

8.   Distribution of Campaign Literature

Upon nomination and certification of eligibility for office, a member shall be considered a candidate for office and shall be provided a list of members, a copy of election policies and established election timelines. Announced candidates shall be provided an opportunity to address the stewards in attendance at a stewards meeting.

Candidates will be given an opportunity to provide a campaign statement and photo.  Statements are limited to 150 words due by Tuesday, March 10, 2020.  Statements and photos submitted by this deadline will be placed on the OESPA website exactly as submitted by the candidate. If the statement is greater than 150 words, only the first 150 words will be published.

All printed and/or non-printed campaign materials must bear the written identification of the candidate and will be submitted for review to the OESPA Elections Committee. As a general rule, all campaign materials must carry an identification of their source and sponsorship. For example, signs, banners, brochures, t-shirts and other clothing must contain such identification. In some cases, however, carrying such identification would be impossible or impracticable, e.g., where the item is too small, such as a small piece of candy. In such cases, the items in question must be distributed from a table or booth, or placed in some type of container, which clearly indicates that the campaign is their source of sponsorship.

9.   Campaign Restrictions

The use of personal email addresses, personal phone numbers, or home addresses for campaigning purposes shall be considered a campaign violation and shall be investigated as such.

Any candidate and/or supporter is prohibited from using OCPS computers or the OCPS email system to create and/or distribute any campaign material.

Federal law prohibits the use of any union or employer funds to promote the candidacy of any person in a union officer election. This prohibition applies to cash, facilities, equipment, vehicles, office supplies, etc., of OESPA and any other union, and of employers whether or not they employ OESPA members.

Personal contact information of any member will not be released by OESPA.

Elected officers retain their rights as members to participate in the affairs of the organization, including supporting and working on behalf of candidates for office. However, such campaign activities may not involve the expenditure of OESPA funds. Accordingly, officers may not campaign on time that is paid for by OESPA. Nor may they use any OESPA funds, facilities, equipment, personnel working on OESPA time, stationery, newsletters, or any other association or union asset to assist them in campaigning.

Federal law also provides that candidates must be treated equally regarding the opportunity to campaign and that all members may support the candidates of their choice without being subject to penalty, discipline, or reprisal of any kind.

10.   Voter Eligibility

As provided in Article III. Section V. of the OESPA Bylaws, any OESPA member in good standing, as of March 10, 2021, will be eligible to vote in this election.

11.   Tally of Ballots

The ballots will be tallied by the Elections Committee on March 30, 2021 beginning at 5:00pm.

A plurality of the votes cast by eligible voters shall be required to determine those elected. In case of a tie vote, the committee will adhere to Article VIII.D.4. in the OESPA By-laws.

12.   Observers

Candidates are entitled to be present or have a designated representative present on their behalf at the tally of ballots. Observers must be members of OESPA. Candidates should submit the names of their observers in writing to the Elections Committee Chairperson by March 24, 2021. Note: One observer per candidate will be permitted to be present.

13.   Election Results

The election results will be posted at the OESPA office and on the OESPA website.  Results will also be published in the first issue of the electronic OESPA newsletter subsequent to the election tally.

14.   Election Records

The election results will be posted at the OESPA office and on the OESPA website. Results will also be published in the first issue of the electronic OESPA newsletter subsequent to the election tally.

15.   Questions or Problems

Candidates and members with questions about the nomination or election procedures should contact the chairperson of the Elections Committee. Any violation of these rules should be reported promptly to the Elections Committee so that corrective action can be taken, if necessary.

16.   Election Challenge

 As provided for in the OESPA Policies Handbook, an election may be challenged for cause to include an expressed violation of any Bylaw or Policy. A written challenge may be registered with the Elections Committee Chair or the Administrator within five business days of the counting of ballots. The challenge shall be heard by the Committee in a timely manner. As provided for in Article VIII, Section 1. G., the Committee’s decision regarding a challenge may be appealed to the OESPA Board of Directors within one business day following the decision of the Committee. The OESPA Board of Directors shall be the final determiner of all disputes regarding the conduct of any elections.

The above rules are not all inclusive. Additional election rules or clarifications may be issued by the OESPA Elections Committee as needed during the nomination and election period.

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TIMELINE/IMPORTANT DATES

Nominations

  • Nomination Forms/timeline/Responsibilities Distributed on January 20, 2021
  • Nominations are due to the OESPA office by March 10, 2020 at 5:00 PM

Candidate Meeting

  • Candidate Meeting at OESPA office on March 11, 2021 at 5:00 PM

Candidate Statement and Photos

  • Candidate Statement & Photo are due to the OESPA office by March 20, 2021 at 11:00 AM

Sample Ballot/Candidate Information Distributed

  • Ballots & Candidate Information distributed to OESPA members on March 22, 2021

Candidate Speeches

  • Candidate Speeches will occur at the Steward Meeting at the OESPA office on March 20, 2021 at 9:00 AM

Voting Occurs

  • Ballots are due to OESPA office by March 30, 2021 at 5:00 PM

Results Announced

  • Results are announced by Elections Committee on March 30, 2021 at the conclusion of counting the ballots

Challenges Deadline

  • Challenges to the election results are due by April 5, 2021 at 5:00 PM
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