report of uaw local 2865 election committee · report of uaw local 2865 election committee ......

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REPORT OF UAW LOCAL 2865 ELECTION COMMITTEE

Pursuant to the UAW Local 2865 Bylaws, UAW Constitution and the UAW Election Guide, balloting for UAW Local 2865’s Constitutional officers took place on April 26, 27, and 28, 2011. The initial tally of ballots occurred on April 29 and 30, 2011. On April 30, 2011 tallying was suspended as it was impossible to maintain quorum of the Elections Committee. During an elections committee conference call on May 3, 2011 the elections committee voted to allow counting to continue with a minority of the elections committee present, due to scheduling conflicts. Tallying resumed on May 5, 2011, and continued through May 8, 2011. At the elections committee’s recommendation, the opposing slates participated in mediation on May 5 and 6, 2011 in an attempt to reduce the number of potential challenges. The mediation failed.

During the course of the voting and tallying of ballots, various parties made numerous objections and challenges. Due to the number and seriousness of the challenges and objections, the full Elections Committee (via conference call) decided on May 6, 2011 to count all of the ballots where voter intent was clear to all sides rather than resolve the challenges and objections. As a result, the Elections Committee (via conference call) also unanimously decided on May 8, 2011 that adjudicating all challenges and objections is beyond the expertise of the Elections Committee and that these challenges and objections should be adjudicated and resolved as per the process outlined in UAW 2865’s bylaws, UAW Constitution and the UAW Election Guide.

Attached to this Report are a number of appendices. They include the official ballot tally and canvass that records the results without any findings on the challenges and objections. The specific challenges and objections as recorded when they were made are set forth below. Also attached is the inventory of all ballot material. This inventory was conducted on Thursday May 5, 2011, before counting resumed. The Elections Committee unanimously approved this report and its appendices via conference call on May 8, 2011.

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Appendix I. Official Canvass UC-Wide Vote Totals

Total

President

Cheryl Deutsch 1824

Daraka Larimore-Hall 1417

Northern VP

Xochitl Alicia Lopez 1478

Sara Smith 1737

Southern VP

Jorge Cabrera 1487

Elliott Kim 1698

Financial Secretary

Charlie Eaton 1750

Donna Fenton 1444

Recording Secretary

Mandy Cohen 1784

Rachel S. Vandagriff 1368

Trustee

Arash Arfaee 1393

Kyle John Arnone 1666

John Gust 1270

Nick Kardahji 1679

Brenda Medina-

Hernandez 1736

Teresa Rinaldi 1284

Sergeant At Arms

Jordan Brocious 1779

Matthew Luckett 1372

Guide

Blanca Misse 1795

Marie van Staveren 1350

UC-Davis Vote Totals

Total Votes

President

Cheryl Deutsch 196


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Northern VP


Sara Smith 185

Southern VP

Jorge Cabrera 172

Elliott Kim 185

Financial Secretary

Charlie Eaton 191

Donna Fenton 165

Recording Secretary

Mandy Cohen 192


Trustee

Arash Arfaee 160


John Gust 147

Nick Kardahji 176

Brenda Medina-

Hernandez 198

Teresa Rinaldi 148

Sergeant At Arms

Jordan Brocious 190

Matthew Luckett 163

Guide

Blanca Misse 201


Unit Chair

Justin 194

Angel 167

Recording Secretary

William 154

Nicholas 198

Head Stewards

Tim 207

A. J. 190

Eran 185

Andrew 178

Jessica 178

Jordan 177

Xochitl 165

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Alicia 157

Tom 153

Emily 150

Jonathan 147

Joshua 147

Nicholas 144

Vish 141

UC Santa Cruz Vote Totals

Total

Votes

President

Cheryl Deutsch 180


Northern VP


Sara Smith 180

Southern VP

Jorge Cabrera 7

Elliott Kim 179

Financial Secretary

Charlie Eaton 178

Donna Fenton 9

Recording Secretary

Mandy Cohen 179


Trustee

Arash Arfaee 8


John Gust 6

Nick Kardahji 173

Brenda Medina-

Hernandez 171

Teresa Rinaldi 7

Sergeant At Arms

Jordan Brocious 179

Matthew Luckett 9

Guide

Blanca Misse 177


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UC Riverside Vote Totals

Total

Votes

President

Cheryl Deutsch 22


Northern VP


Sara Smith 22

Southern VP

Jorge Cabrera 96

Elliott Kim 30

Financial Secretary

Charlie Eaton 30

Donna Fenton 95

Recording Secretary

Mandy Cohen 28


Trustee

Arash Arfaee 91

Kyle John Arnone 19

John Gust 104

Nick Kardahji 20

Brenda Medina-

Hernandez 21

Teresa Rinaldi 82

Sergeant At Arms

Jordan Brocious 27

Matthew Luckett 96

Guide

Blanca Misse 29


Unit Chair

John Gust 103

Elliott Kim 24

UC Santa Barbara Vote Totals Total

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President

Cheryl Deutsch 44


Northern VP


Sara Smith 50

Southern VP

Jorge Cabrera 335

Elliott Kim 33

Financial Secretary

Charlie Eaton 50

Donna Fenton 317

Recording Secretary

Mandy Cohen 64


Trustee

Arash Arfaee 305

Kyle John Arnone 32

John Gust 280

Nick Kardahji 44

Brenda Medina-

Hernandez 52

Teresa Rinaldi 287

Sergeant At Arms

Jordan Brocious 55

Matthew Luckett 302

Guide

Blanca Misse 68


UC Irvine Vote Totals Totals

President

Cheryl Deutsch 231


Northern VP


Sara Smith 197

Southern VP

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Jorge Cabrera 126

Elliott Kim 202

Financial Secretary

Charlie Eaton 202

Donna Fenton 121

Recording Secretary

Mandy Cohen 205


Trustee

Arash Arfaee 120


John Gust 105

Nick Kardahji 200

Brenda Medina-

Hernandez 197

Teresa Rinaldi 102

Sergeant At Arms

Jordan Brocious 231

Matthew Luckett 104

Guide

Blanca Misse 197


Unit Chair

Coral Wheeler 133

Robert Wood 207

Recording Secretary

Anne Kelly 196


Head Steward

Chima Anyadike-Danes 191

Jordan Brocious 217

Rosario Cammarota 122

Alfredo Carlos 188

Ben Cox 198

Veronique Fortin 177

Shahin Golshan 118

Daniel Seneca Lindsey 189

Rajinder Mavi 116

Daji Yuan 111

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UC San Diego Vote Totals TOTAL

President

Cheryl Deutsch 127


Northern VP


Sara Smith 111

Southern VP

Jorge Cabrera 266

Eliott Kim 102

Financial Secretary

Charlie Eaton 112

Donna Fenton 255

Recording Secretary

Mandy Cohen 122


Trustee

Arash Arfaee 279

Kyle John Arnone 90

John Gust 234

Nick Kardahji 86

Brenda Medina-

Hernandez 102

Teresa Rinaldi 232

Sergeant-At-Arms

Jordan Brocious 100

Matthew Luckett 255

Guide

Blanca Missé 118


Unit Chair

Arash 273

John H. 130

Recording Secretary

John A. 105

Leslie 271

Head Stewards

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Barbara 135

Aaron 257

Chris 252

Erica 270

Robert 252

Ian 248

David 266

Longhao 245

UC Berkeley Vote Totals Total

President

Cheryl Deutsch 710


Northern VP


Sara Smith 698

Southern VP

Jorge Cabrera 86

Eliott Kim 681

Financial Secretary

Charlie Eaton 696

Donna Fenton 87

Recording Secretary

Mandy Cohen 701


Trustee

Arash Arfaee 69


John Gust 56

Nick Kardahji 700

Brenda Medina-

Hernandez 685

Teresa Rinaldi 62

Sergeant-At-Arms

Jordan Brocious 694

Matthew Luckett 69

Guide

Blanca Missé 708


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Unit Chair

Aaminah Norris 88

Jennifer Tucker 704

Head Steward

Amanda Armstrong 693

Shane Boyle 690

Rachel Brahinsky 680

Diego Castaneda 84

Natalia Chousou-

Polydouri 688

Rob Connell 679

Marquell Craddock 54

Donna Fenton 64

Katy Fox-Hodess 679

Pablo Gaston 695

Larisa Mann 681

Michelle McCoy 665

Irene Nexica 71

Manuel Rosaldo 689

Chris Schildt 684

Jessica Smith 682

Rachel Vandagriff 72

Joshua Williams 671

UC Los Angeles Totals Total

President

Cheryl Deutsch 314


Northern VP


Sara Smith 294

Southern VP

Jorge Cabrera 399

Eliott Kim 286

Financial Secretary

Charlie Eaton 291

Donna Fenton 395

Recording Secretary

Mandy Cohen 293


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Trustee

Arash Arfaee 361


John Gust 338

Nick Kardahji 280

Brenda Medina-

Hernandez 310

Teresa Rinaldi 364

Sergeant-At-Arms

Jordan Brocious 303

Matthew Luckett 374

Guide

Blanca Missé 297


Unit Chair

Jeremy Schmidt 302

Michael Wartenbe 377

Recording Secretary

Matthew Luckett 348

Julia Tomassetti 327

Head Steward

Alexandra Apolloni 358


Sam Baltimore 340

Jacob Burstein-Stern 348

Sayil Camacho 360

Mindy Chen 301

Erin Conley 283

Yu-ting Huang 303

Renee Hudson 286

Albert Lowe 332

Lisa Millora 336

Alexei Nowak 286

James Owen Sizemore 330

Keith Stevens 328

Hadley Suter 272

Locke Welborn 329

Zachary Williams 279

Alexander Zevin 266

UC Merced Vote Totals No Boxes from Merced were delivered to the Tallying Location.

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Appendix II. Broad-Based Challenges and Objections Note: the Elections Committee makes no findings or resolutions regarding the challenges and objections below, we have only compiled them as part of our report. AWDU Challenges and Objections

1. Challenge to all UCLA ballots because 43 ballots were missing from the initial total at

UCLA.

2. Challenge eligibility of candidates: Marquel Craddock, David Selby, Sayil Camacho, Jacob

Berstien-stern, Jorge Cabrera

3. poll worker sealed both envelops for at least 5 voters on 4/27 at Math and Science

location.

4. 04/26 and 04/27, female AWDU worker boxed out by USEJ worker, physically

obstructed from talking to voters

5. USEJ talked to voters in Circle on several campuses

6. Challenge whether ballots are eligible -- Jacob Burnstein-Stern, Jorge Cabrera, Sayil

Camacho, Marquel Craddock, Graciela Fernandez, Julietta Lunger, Antony Lyon, Jeff

Otter, David Selby

7. 4/28 at UCLA polling location first batch of envelopes had no outer envelope, poll

worker had voters recast ballots with outer envelopes

8. Sayil Camacho was observed telling voter last day to vote was Tues at Weyburn at UCLA

9. At Irvine, Box 1.2 was re-opened and re-sealed.

10. At Riverside, 3 Boxes challenged - Box 1, 7, 8 -- it is impossible to tell if the boxes have

been reopened and resealed

11. All boxes challenged at Riverside because 236 ballots are missing

12. All boxes challenged at Santa Barbara because Ryan Mohr, pollworker and election

committee member, had USEJ campaign material and only removed it when asked

(picture evidence upon request).

13. Many boxes at UCSD were inappropriately sealed.

14. Challenge the inclusion of Spoiled Ballots in the Vote count 15. Illegal Use of Union Resources for Partisan Campaigning 16. Challenge to the eligibility of candidates Sayil Camacho, Jacob Burnstein-Stern, Marquel

Craddock, and Vish Soroushian on the ballot for the Triennial Election.

USEJ Challenges and objections

1. Polls opened between 1/2 hour and an hour late at multiple voting locations at Davis,

Los Angeles, Berkeley, Irvine and Santa Barbara.

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2. Voting was cancelled completely at Family Housing at Berkeley on Wednesday, April

27th.

3. Voting was cancelled completely or nobody could find polls at Merced on Thursday,

April 28th.

4. At Los Angeles, no outer envelopes were used for several hours of voting on Tuesday,

April 27th and Wednesday, April 28th

5. Elections Committee members actively campaigned, including Lizzy Mattiuzzi, Adam

Hefty, Sara Smith, and Nick Perrone.

6. Three elections committee members were present and involved in decisions influencing

the election before they resigned to become candidates in the election.

7. At Berkeley on Wednesday, April 27th, after the start of voting, an election worker

opened the ballot box by himself at Sather Gate and was seen putting materials in the

ballot box by candidate Daraka Larimore-Hall. (picture)

8. Santa Barbara Elections Challenger Seong Hee "Sunny" Lim actively campaigned within

the election cordon, and discouraged at least one voter from casting a ballot. In

addition, she misdirected a voter away from the ballot box and then challenged their

ballot based on the results of her deliberate misdirection.

9. Davis member Kristina Blumeyer-Martinez was told by a poll worker that she "had to

pay" in order to vote on Thursday, April 28th during voting at family housing.

10. AWDU activist Eran Zelnik agressively berated and intimidated a voter for several

minutes at Orchard Family Housing at Davis on Wednesday, April 27th.

11. Voter and candidate intimidation was rampant. At UCLA, AWDU candidate Charlie Eaton

berated and harrassed voters throughout the voting period.

12. A concerted campaign of disinformation was employed by AWDU activists, including

false information about union staff income, student status, and eligibility,

which supressed voter turnout.

13. Elections committee member Adam Hefty was quoted in the Daily Cal as saying that the

protocol voted on by the Elections Committee encouraged voter fraud. This suppressed

voter turnout.

14. AWDU candidate Mindy Chen campaigned inside the no-electioneering circle on

Wednesday, April 27 at approximately 1:30 pm. When told to stop, she resorted to

yelling "Vote AWDU" at the voters lining up inside the circle.

15. AWDU candidate Renee Hudson followed Jorge Cabrera with a sign at UCLA YRL on

Wednesday, April 27. Several AWDU candidates followed Coral Wheeler with signs

during voting at UC Irvine.

16. AWDU challenger Elise Youn campaigned inside the no-electioneering circle throughout

voting at UCLA.

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17. AWDU Elections Challengers filed tit-for-tat challenges based soley upon their

objections to USEJ challenges, according to public pronouncements by Kyle

Arnone. Elise Youn in particular seemed unable to articulate her challenges without

referring to the challenged Berkeley boxes and/or consulting with Charlie Eaton.

18. Elections Committee members were subjected to intimidation and physical threats by

AWDU activists and challengers when the vote count was halted on Friday, April 29.

These led to Elections Committee members and USEJ Challengers having to flee the

room for their own safety.

19. USEJ Challenger Des Harmon was audio recorded without his consent, and pictures

were taken of ballots he challenged on Friday, April 29. When the person who was

recording and photographing him (Kyle Arnone, AWDU candidate for Trustee) was

asked to leave, he became belligerent, insulting and using foul/threatening language

toward both Harmon and the members of the Elections Committee.

20. AWDU activist Bron Tamulis referred to USEJ Challenger Des Harmon with a

homophobic slur when the vote count was halted on Friday, April 29.

21. Challenges to Berkeley boxes 1, 6, and 7 (as well as parts of box 16 and 17) were

essentially rendered void by Adam Hefty and Lizzie Mattiuzzi when they decided to

combine ballots from those boxes with ballots from non-challenged Berkeley boxes,

thus tainting the entire Berkeley vote with challenges that the Elections Committee as a

whole never discussed.

22. Berkeley Elections Committee alternate Lizzie Mattiuzzi told USEJ challenger Des

Harmon to leave the room when he objected to the blending of boxes in #14 on Friday,

May 6.

23. AWDU campaign emails were circulated by management (faculty) at Riverside and

possibly at other campuses.

24. The open ballot boxes were in possession of one party (AWDU) for three full days.

25. Voters were told that ID was required to vote at UCLA and UC Davis.

26. AWDU actively campaigned to gain faculty signatures on a misleading petition in an

effort to influence the vote count process.

27. AWDU staged an "occupation" of the Statewide local union office in an attempt to

pressure the elections committee to make decisions on vote count procedures that

were beneficial to their side.

28. Public campaigning by Elections Committee members: Sara Smith (prior to resigning),

Nick Perrone (prior to resigning), Adam Hefty (throughout process)

29. Davis daily reports not submitted per protocol

30. No ballots returned or counted from Merced

31. At least one of the Elections Committee members, who has campaigned publicly for

one caucus, has been touching the ballots and all elections material: sending emails

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urging union members to vote a particular way, sending emails of protest to the

election, discouraging candidates from participating in the current administration of the

Local

32. Intimidation of candidates prior to elections

33. Counting sheets not filled out at Berkeley or LA

34. No outer envelopes used at UCLA for several hours of voting

35. Davis housing polling station opened one hour late on 4/26

36. UCLA polling stations opened 1 hour late on 4/26

37. Polling stations opened late at Irvine and Santa Barbara

38. Several ballot boxes lacked a hole in the top for inserting/casting ballots

39. Several ballot boxes lacked proper signatures and seals

40. On 4/27 Mindy Chen campaigned within circle, harassing voters

41. AWDU candidates following USEJ candidates with signs including false information to

deceive voters

42. Candidates handling ballots at tallying location.

43. Challengers were allowed on numerous occasions to handle ballots and other election

materials at the tallying location

44. Challengers who had not registered prior to count allowed to act as challengers during

count

45. Challengers allowed into count who were not eligible (Brian Riley signed up at polls,

after deadline to register as challenger)

46. Faculty, who function as management/supervisors for bargaining unit members,

campaigning on behalf of one caucus

47. AWDU held caucus meetings at employer premises (IRLE Berkeley), to which other

caucus not invited

48. Chris Tilly, UCLA faculty, interfered in ballot counting process

49. One caucus, AWDU at Davis, advertised its caucus meeting to be at same time/location

as official union membership meeting, suggesting that AWDU was the same as the

Union

50. Berkeley challenges.

a. Box 1: discrepancy of 32 ballots between the poll worker's initial count and the

number found in the box.

b. Boxes 6 and 8: seal challenge (no signature over tape)

c. Box 13-18: USEJ does not acknowledge that Philippe sent a report for the 3rd day

d. Box 18: a USEJ candidate (Donna Fenton) asked the poll worker for a tally before

the poll had closed, and the poll worker gave an approximate number. The box

is being challenged because that number differs from that found in the box.

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e. Box 2: 42 out 44 ballots had no envelopes. Also, there is a discrepancy of 65

ballots between the initial count and the number found in the box.

f. Box 8: There is a discrepancy of 26 between the initial count and what was found

in the box.

g. USEJ raised their challenge to all Berkeley boxes, due to ballots from at least one

challenged box being mixed in the other ballots during alphabetization on May

5th.

h. USEJ also raised the issue of the cancelled poll at University Village on 4/27,

which would be a global challenge.

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Appendix III. Challenges to Specific Ballots

Note: the Elections Committee makes no findings or resolutions regarding the challenges and objections below, we have only compiled them as part of our report. Campus Reason Challenger

Irvine Eligibility Bron








Irvine Eligibility Jordan, Fawn


Los Angeles Eligibility Poll worker

San Diego Eligibility Megan W.











Santa Barbara Filled outside voting area circle Poll worker

San Diego

Found on 5/5 in a SD box after count was completed; can't tell whether ballot has been counted or not. M. Mitchell

Los Angeles Last name only initial Sunny

Berkeley Mischallenged (signature noted later) N/A

Los Angeles Name mistakenly checked off Poll worker

Berkeley Name not on list, no card Poll worker



Los Angeles No name Sunny

Los Angeles No name Sunny

Berkeley No name, date, time Des

San Diego No outer env. (entire Box #5) M. Mitchell






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Davis No outer env., env opened M. Mitchell

Davis No outer env., voter info on inner env.






Irvine No secret ballot env. Philippe

Santa Cruz No secret ballot env. Philippe

Berkeley No signature Des

Davis No signature

Davis No signature

Irvine No signature Philippe

Riverside No signature Anne

Santa Barbara No signature Sunny

Berkeley No time Des















Davis No time

Davis No time

Davis No time

Davis No time

Davis No time

Davis No time

Davis No time

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Davis No time/date

Davis No time/date

Davis No time/date

Berkeley Non-standard outer env. Des




















San Diego Only 'signature' on outer env. M. Mitchell

San Diego Only first or last name on outer env. M. Mitchell

San Diego Only signature and date on outer env. M. Mitchell

Berkeley Two colors of ink Des








Berkeley Two envelopes separated Des

Irvine Two envelopes separated Philippe



Santa Barbara Two envelopes separated Sunny

Santa Barbara Two envelopes separated, no signature Sunny

Los Angeles Unknown Poll worker

Los Angeles Unknown Poll worker

Santa Barbara Unknown Poll worker

Los Angeles Unknown – new member? Poll worker



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Davis Voter refused to sign outer env. Elliot Harwell

Berkeley Voting on other campus Poll worker






Irvine Voting on other campus Megan Johns

Irvine Voting on other campus EJT

Los Angeles Voting on other campus Poll worker



San Diego Voting on other campus Benjamin Tang

San Diego Voting on other campus Poll worker

* Does not include 44 ballots in UCLA box #2 (42 loose, 2 in envelope)

* Does not include whole box challenges at Berkeley (1,6,8,13-18)

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Appendix IV. Spoiled Ballots Note: Due to the number and seriousness of the challenges and objections, the full Elections Committee (via conference call) decided on May 6, 2011 to count all of the ballots where voter intent was clear to all sides, including spoiled ballots and challenge ballots, as long as the ballot was not spoiled at the polling location. Below is the list of all ballots spoiled at the polling location. Campus Reason

Davis Spoiled at poll



Irvine Spoiled at poll




Los Angeles Spoiled at poll



Riverside Spoiled at poll

Riverside Spoiled at poll

San Diego Spoiled at poll






Santa Barbara Spoiled at poll

Appendix V: Inventory taken Thursday May 5th upon resumption of counting at the UCLA tallying location

UCB UCD UCI UCLA UCR UCSD UCSB UCSC Total

From 4/25 committee member e-mails

A: Total ballots at campus 2148 1200 1057 1450 750 1191 569

B: Allocated to polls 1550 900 650 1200

1050 685 569

C: Kept in reserve 598 300 407 250 141 0

D: Returned to reserve (poll cancelled) 75 0 0 0 0 0 0 0

From ballot box verification

E: Extra ballots delivered to 50 0 66 16 0 15 0

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forms polls

From campus tally sheets ('actuals')

F: Unused ballots 693 524 346 463 234 594 321 381 3556

G: Valid ballots 760 346 337 667 127 404 359 186 3186

H: Spoiled ballots 12 12 7 15 4 16 11 1 78

I: Challenged ballots 52 19 25 57 1 34 4 1 193

J: Final reserve 205 379

From envelopes on May 5

th

K: Spoiled (pre-mediation) 9 12 7 15 4 18 12 1 78

L: Challenged (pre-mediation) 56 20 17 57 1 34 4 1 190

Check #1

Total sent to polls (B-D+E) 1525 900 716 1216 1050 700 569

Total found in boxes (F+G+H+I) 1517 901 715 1202 1048 695 569

Check #2

Total ballots at campus (A) 1450 750 569

Total found in boxes + reserves (F+G+H+I+J) 1407 745 569

Other documents found in counting room

Printed e-mails from committee members Yes No Yes Yes Yes Yes Yes Yes

Ballot box summary forms Yes Yes Yes Yes Yes Yes Yes

Re-did

Campus tally sheet Yes Yes Yes Yes Yes Yes Yes

Re-did

Counting sheets Unfilled Yes Yes Unfilled Yes Yes Yes Yes

Membership list binders Yes Yes Yes Yes Yes Yes No Yes

Notes:

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- Empty cells are due to incomplete information. However, all campuses had enough information to perform at least one of two consistency checks. - The pre-mediation spoiled and challenge ballots on May 5 (K,L) may vary from the amount previously noted (H,I) because of changes in the status of ballots during the count (e.g. a secret ballot env. was opened and a spoiled ballot was found during the count). - UCLA boxes were only opened on May 5. - Santa Cruz ballot box summary form and campus tally sheet were lost, so each category of ballot was recounted on May 5. - Challenges counted here and inventoried on the next sheet do not account for whole box challenges at Berkeley (1,6,8,13-18). - Challenges counted here include 44 ballots (42 loose, 2 with envelopes) in UCLA box #2.

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