The Gap Between Nominations and Elections: A Compliance Guide

The period between the close of nominations and the opening of your election is not just a waiting room. It is a critical compliance window where candidate eligibility is finalized, ballots are proofed, and campaigns are launched. If you rush this phase, you risk printing inaccurate ballots. If you drag it out, you frustrate candidates and voters.

As an election administrator, managing this interval correctly is one of the most important things you do. Whether you are running an LMRDA-compliant union vote or a cooperative board election, what happens in the days immediately following your nomination deadline determines the defensibility of your entire election.

Why the Interval Matters

A union with 2,400 members in Ohio recently asked us how quickly they could mail ballots after their nomination meeting. Their bylaws did not specify a timeframe, and they wanted to finish the election before the holidays. The problem was that they had not factored in the time needed to verify candidate eligibility, resolve protests, and give candidates a reasonable opportunity to campaign.

If you mail ballots the day after nominations close, you invite challenges. Candidates need time to inspect membership lists and distribute campaign literature. Election committees need time to confirm good standing and handle any eligibility disputes that arise before the ballot is locked.

The Labor-Management Reporting and Disclosure Act (LMRDA) requires that unions provide a "reasonable opportunity" for campaigning. While the Department of Labor does not mandate a specific number of days for the interval between nominations and the election, they do require that the interval be long enough to satisfy all other statutory requirements. In practice, that means giving candidates time to request and receive the membership list, prepare campaign literature, and have it distributed before voting begins.

For organizations not governed by the LMRDA — associations, cooperatives, pension funds — the governing bylaws or plan documents set the rules. But the underlying principle is the same: the interval must be long enough to run a fair process, and short enough to keep the election on schedule.

A Step-by-Step Checklist for the Nomination-to-Election Interval

To ensure your election holds up against a challenge, you need a structured process for the days following your nomination deadline. Follow this sequence before you finalize a single ballot.

1. Lock the submission window: Timestamp every nomination received. If a submission arrives one minute past the deadline, document the rejection in writing and notify the member immediately. Inconsistency in enforcing deadlines is one of the most common triggers for a DOL complaint.


2. Verify eligibility immediately: Check every nominee against your bylaws. Confirm continuous good standing, meeting attendance, or any other requirements. Do not rely on memory or informal knowledge of a member's status — pull the actual records.


3. Notify candidates in writing: Send a formal notice to all eligible candidates confirming their status and the next steps. Send a separate, detailed notice to any disqualified candidates explaining the exact reason for their rejection, citing the specific bylaw provision that applies.


4. Allow time for internal protests: Give disqualified members a defined window — usually three to five business days — to appeal the decision to the election committee. If your bylaws specify a timeframe, follow it exactly.


5. Resolve all protests before ballot setup: Do not configure your ballot or send it to print until every eligibility protest has been resolved. A candidate added or removed after ballot proofing creates serious documentation problems.


6. Finalize candidate names: Ask candidates how they want their names to appear on the ballot. If someone wants to use a nickname, ensure it complies with your election rules. Misspelled or incorrect names on a ballot are avoidable errors that undermine member confidence.


7. Proof the ballot carefully: Create a sample ballot and have the election committee sign off on the spelling, order, and voting instructions. For online elections, test the ballot on multiple devices before opening the polls.

Handling Campaign Literature Requests

During this interval, your election committee must comply with all reasonable requests from candidates to distribute campaign literature at the candidate's expense. This is a strict LMRDA requirement for labor unions, but it is also a best practice for associations and cooperatives that want their elections to be seen as fair.

You cannot play favorites. If you allow an incumbent to use the union's mailing list to send a campaign flyer, you must provide the exact same access to challengers. The LMRDA requires that candidates be allowed to inspect — not copy — the membership list once within 30 days before the election. Denying this right, even inadvertently, is grounds for a post-election complaint.

Many organizations avoid this friction by using a third-party mail house or a secure online voting platform that handles candidate communications neutrally. When a platform distributes campaign statements on behalf of all candidates simultaneously, no one can claim preferential treatment.

Setting the Ballot Order

How you determine the order of names on the ballot is a frequent source of friction if the rules are not established before the interval begins. Your bylaws should dictate the method. Common approaches include alphabetical order by last name, a random drawing conducted by the election committee, or the order in which nominations were received.

If you use a random drawing, invite the candidates or their designated observers to watch the process. Document the drawing with a signed witness statement. Transparency during this interval builds trust in the final result — and gives you a documented record if anyone later questions how the ballot was ordered.

Whatever method your bylaws specify, apply it consistently. Changing the method mid-process — even for a seemingly good reason — is an invitation for a challenge.

Frequently Asked Questions

How long should the interval between nominations and the election be?

There is no single legal requirement that applies to every organization, but a window of 15 to 30 days is standard practice. This provides enough time to verify eligibility, resolve disputes, print or configure ballots, and allow for a reasonable campaign period. LMRDA-governed unions must also ensure the election notice is mailed to every member at least 15 days before the election, which effectively sets a floor for the interval.

Can a candidate withdraw after nominations close?

Yes, but your election rules should specify a hard deadline for withdrawals. Once the ballots are printed or the online voting system is locked, removing a name becomes administratively difficult and can confuse voters who have already cast a ballot. Build a withdrawal deadline into your election calendar before nominations open.

Do we need to notify members if a candidate is disqualified?

You must notify the disqualified candidate immediately, in writing, with the specific reason for their disqualification. You do not typically need to notify the general membership unless the candidate was already publicly announced as eligible or if your specific bylaws require a general announcement. Keep a copy of every disqualification notice in your election file.

What happens if an eligibility dispute is not resolved before the election begins?

If a protest is filed but cannot be resolved before ballots are distributed, follow your internal rules. In many cases, the election proceeds and the disputed candidate's ballots are set aside as challenged ballots during the tally until the eligibility question is settled. This is a last resort — the goal should always be to resolve disputes before the polls open.

The Bottom Line

The days between your nomination deadline and your election launch are where administrative errors turn into compliance failures. A rushed timeline, an inconsistently applied eligibility rule, or a ballot proofed without candidate sign-off can unravel an otherwise clean election. By treating this interval as a formal phase of the election — with clear steps for eligibility verification, candidate notification, campaign rights, and ballot proofing — you protect your organization from costly reruns and member distrust.

If you are running your first online union election this year, our team can walk you through the LMRDA requirements before you set a single deadline. We help organizations manage the entire nominations process securely, from the first notice through the certified ballot list. Visit our pricing page or contact us today to learn how the Votem CastIron platform secures your election lifecycle from start to finish.