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Union Election Committee Responsibilities: LMRDA Guide
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Why the DOL Orders Union Election Reruns: Top LMRDA Violations to Avoid
By Votem Compliance Team·June 21, 2026
7 min read
Why the DOL Orders Union Election Reruns: Top LMRDA Violations to Avoid
The Department of Labor's Office of Labor-Management Standards (OLMS) investigates hundreds of union election complaints every year, and the same handful of LMRDA violations trigger the vast majority of supervised reruns. Knowing exactly where other unions stumble is the most reliable way to protect your own election from challenges, delays, and costly do-overs.
The Reality of an OLMS Investigation
When a union member files a timely complaint after exhausting internal remedies, OLMS is required by the Labor-Management Reporting and Disclosure Act (LMRDA) to investigate. They do not just take a quick glance. Investigators will interview election officials, review your constitution and bylaws, and scrutinize your voter eligibility lists, ballots, notices, and tally sheets. If they find violations that may have affected the election outcome, they will seek a voluntary compliance agreement to rerun the election under federal supervision. If the union refuses, OLMS will file suit in federal court to set the election aside.
A supervised rerun is not just an administrative headache. It damages member trust, drains union resources, and casts a shadow over the newly elected officers. The good news is that the most common violations are entirely preventable if you know what to look for before the first ballot is cast.
Top 4 Reasons for LMRDA Election Reruns
Based on recent OLMS enforcement data and voluntary compliance agreements, these are the procedural failures that most frequently lead to supervised reruns.
1. Ballot Secrecy Failures
Title IV of the LMRDA requires secret ballot elections for union officers. This means a vote must be cast in a manner that the person expressing their choice cannot be identified with the choice expressed. A surprisingly common mistake is printing names, addresses, or identifying control numbers directly on the ballots. Even if election judges promise not to look, the mere existence of a persistent link between a voter and their specific ballot violates the secrecy requirement.
Recent OLMS enforcement confirms this is not a theoretical risk. APWU Local 232 entered a supervised-election agreement in 2026 stemming directly from names and addresses printed on ballots. If your current ballot design includes any identifying information, change it before your next election cycle.
2. Inadequate Election Notices
The LMRDA requires that a notice of election be mailed to the last known home address of every member in good standing at least 15 days prior to the election. Posting a notice on a bulletin board or handing them out at a meeting is not enough. Reruns are frequently ordered because the union relied on outdated mailing lists, failed to mail notices to a specific segment of the membership, or missed the 15-day deadline by even a single day.
SEIU Local 105 entered a voluntary compliance agreement in 2026 that included failed election notice as a cited violation. The lesson is straightforward: your mailing list must be current, and the postmark date must be documented. Keep a copy of the postal receipt for every election notice mailing.
3. Denied Voting Rights and Eligibility Errors
Every member in good standing has the right to vote. Problems arise when local unions apply eligibility rules inconsistently or rely on inaccurate employer dues check-off lists. If a member's dues were delayed by the employer rather than the member, the LMRDA protects that member's right to vote. Turning away eligible voters at the polls or failing to send them a mail ballot is a direct path to a rerun if the margin of victory is narrow.
Voter list accuracy is one of the most controllable variables in any election. Cross-referencing your membership database against recent check-off reports before nominations open — not the day before voting — gives you time to resolve discrepancies without pressure.
4. Observer Rights Violations
Candidates have a statutory right to have an observer at the polls and at the counting of the ballots. This includes the right to observe the preparation and mailing of ballots, the voting process, and the final tally. Denying access, restricting what observers can see, or failing to inform candidates of the tally schedule violates the LMRDA's mandate for adequate safeguards to insure a fair election.
In online elections, observer rights require additional planning. OLMS guidance recognizes that digital voting systems cannot be observed the same way a polling site can, but the obligation remains. Platforms that provide certified third-party audits and open-source code inspection options satisfy this requirement. If your vendor cannot explain how observer rights are preserved in their system, that is a red flag worth addressing before you sign a contract.
How to Audit Your Election Process Before Voting Begins
Do not wait for a member protest to find out your procedures are flawed. Use this checklist to audit your process against common LMRDA pitfalls before the first ballot is cast.
| Compliance Area | Audit Action | Risk Level if Failed |
|---|---|---|
| Notice Mailing | Verify that the election notice was mailed to every member's home address at least 15 days prior to the election. Retain postal receipts. | High — automatic rerun if margin is close |
| Voter List Accuracy | Cross-reference the union membership list with recent employer check-off reports to ensure no eligible member is excluded. | High |
| Ballot Anonymity | Inspect the ballot design and handling process to guarantee no marks link a voter to their specific ballot. | High |
| Observer Access | Provide clear, written instructions to all candidates regarding when and where their observers can monitor the process. | Moderate |
| Candidate Equality | Ensure all candidates are treated equally regarding access to membership lists and campaign literature distribution. | Moderate |
| Record Retention | Preserve all election records — ballots, voter lists, notices, tally sheets — for at least one year after the election. | Moderate |
Frequently Asked Questions
What happens during an OLMS election investigation?
OLMS investigators will interview the complainant, election officials, and union members. They will also review the union's constitution, bylaws, and all election records, including ballots and voter lists. OLMS is required to complete its investigation within 60 days of receiving the complaint, though the union may agree to extend that deadline in complex cases.
Can we fix a mistake after the election is over?
If a member files a valid internal protest regarding an LMRDA violation that could have affected the outcome, the union can choose to rerun the election voluntarily. However, once a complaint reaches OLMS, the agency determines the appropriate remedy — which typically involves federal supervision of the new election. Proactive self-correction before a complaint is filed is always preferable.
Does online voting violate the LMRDA secret ballot rule?
No, but the system must be properly designed. OLMS guidance states that an online voting platform must inhibit unauthorized access to any persistent electronic link between a voter and their vote. Using a secure portal, multi-factor authentication, and encrypted ballot storage are key safeguards. Unions considering online voting for labor union officer elections should verify that their vendor's system has been reviewed against OLMS compliance standards.
How long must we keep election records after the vote?
The LMRDA requires unions to preserve ballots and all other election records for one year following the election. This includes voter eligibility lists, notices, tally sheets, and any correspondence related to the election. If a complaint is filed, those records become the foundation of the OLMS investigation — gaps in documentation are treated as evidence of procedural failure.
The Bottom Line
Running a compliant union election requires meticulous attention to the LMRDA's requirements for notice, eligibility, ballot secrecy, and observer rights. The violations that lead to DOL-supervised reruns are not obscure legal technicalities. They are administrative errors that appear repeatedly across unions of all sizes, in every industry, every election cycle. Preventing them requires planning, documentation, and the right tools.
If you are preparing for an upcoming officer election and want to ensure your process is defensible against OLMS scrutiny, our team can walk you through every requirement before you set a single deadline. Learn more about Votem's election platform or contact us to discuss how we help unions run elections that hold up to federal review.