ELECTION APPEALS MASTER
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IN RE: SANDY POPE,
Protestor.
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11 Elec. App. 61 (KC)
ORDER
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This matter is an appeal from the Election Supervisor's decision 2011 ESD 349 issued on October 24, 2011. A hearing was requested by David J. Hoffa, Esq. on behalf of the Hoffa 2011 Campaign.
A hearing was held before me on October 28, 2011. The following persons were heard by way of teleconference: Jeffrey J. Ellison, Esq., for the Election Supervisor's Office and David J. Hoffa, Esq. on behalf of the Hoffa 2011 Campaign.
The issue at hand is whether, under the Election Rules and a long line of decisional precedent interpreting them, the duly nominated candidates for International office can transmit campaign material to 13,169 IBT members who have been determined to be ballot qualified by the Election Supervisor in these proceedings, although they were not included on the qualified membership list "current as of August 1, 2011". The Election Supervisor's position in this Appeal is that under the Rules the candidates are entitled only to the August 1 list "and not any other list." Statement of Jeffry J. Ellison, at 2.
During the argument, however, Mr. Ellison agreed that the candidates can indeed reach, under Article VII, Section 7, the 13,169 ballot qualified members. The candidates can request the IBT to mail at campaign expense their campaign material to these members.
Accordingly, the decision of the Election Supervisor is affirmed.
SO ORDERED:
__s/Kenneth Conboy_____________
Kenneth Conboy
Election Appeals Master
Dated: October 28, 2011