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. On April 6, 2015, the Election Committee voted to release a modified version of this report in which some names noted in the complaints have been removed. These changes are marked as [redacted] in the text. No other changes have been made.

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Total Votes

President Cheryl Deutsch 196 Daraka Larimore-Hall 168

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 Brenda Medina- Hernandez

1679

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

Northern VP Xochitl Alicia Lopez 179 Sara Smith 185

Southern VP Jorge Cabrera 172 Elliott Kim 185

Financial Secretary Charlie Eaton 191 Donna Fenton 165

Recording Secretary Mandy Cohen 192 Rachel S. Vandagriff 159

Trustee Arash Arfaee 160 Kyle John Arnone 181 John Gust 147 Nick Kardahji 176 Brenda Medina- Hernandez

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Teresa Rinaldi 148 Sergeant At Arms Jordan Brocious 190 Matthew Luckett 163

Guide Blanca Misse 201 Marie van Staveren 153

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 Daraka Larimore-Hall 8






171



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Total Votes







21



Unit Chair John Gust 103 Elliott Kim 24

UC Riverside Vote Totals

UC Santa Barbara Vote Totals

Total

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Totals President Cheryl Deutsch 231 Daraka Larimore-Hall 112


Southern VP







52



UC Irvine Vote Totals

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Jorge Cabrera 126 Elliott Kim 202




197



Unit Chair Coral Wheeler 133 Robert Wood 207

Recording Secretary Anne Kelly 196 Marie van Staveren 137

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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TOTAL President Cheryl Deutsch 127 Daraka Larimore-Hall 253


Southern VP Jorge Cabrera 266 Eliott Kim 102




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Teresa Rinaldi 232 Sergeant-At-Arms Jordan Brocious 100 Matthew Luckett 255

Guide Blanca Missé 118 Marie van Staveren 238

Unit Chair Arash 273 John H. 130

Recording Secretary John A. 105 Leslie 271

Head Stewards

UC San Diego Vote Totals

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Barbara 135 Aaron 257 Chris 252 Erica 270 Robert 252 Ian 248 David 266 Longhao 245

UC Berkeley Vote Totals







685



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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

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310



Unit Chair Jeremy Schmidt 302 Michael Wartenbe 377

Recording Secretary Matthew Luckett 348 Julia Tomassetti 327

Head Steward Alexandra Apolloni 358 Kyle John Arnone 287 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. [redacted] 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 [redacted], 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 [redacted]. 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 [redacted] 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 [redacted] 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 [redacted] 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 [redacted] 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 [redacted] 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 [redacted] 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 [redacted]. [redacted] in particular seemed unable to articulate her challenges without referring to the challenged Berkeley boxes and/or consulting with [redacted].

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 ([redacted]) 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 [redacted] 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 [redacted] 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 [redacted] 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: [redacted] (prior to resigning), [redacted] (prior to resigning), [redacted] (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 [redacted] 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 ([redacted] 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. [redacted], 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 Bron Irvine Eligibility Bron Irvine Eligibility Bron Irvine Eligibility Bron Irvine Eligibility Bron Irvine Eligibility Bron Irvine Eligibility Bron Irvine Eligibility Jordan, Fawn Irvine Eligibility Bron Los Angeles Eligibility Poll worker San Diego Eligibility Megan W. San Diego Eligibility Megan W. San Diego Eligibility Megan W. San Diego Eligibility Megan W. San Diego Eligibility Megan W. San Diego Eligibility Megan W. San Diego Eligibility Megan W. San Diego Eligibility Megan W. San Diego Eligibility Megan W. San Diego Eligibility Megan W. 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 Berkeley Name not on list, no card 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 San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell

San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell San Diego No outer env. (entire Box #5) M. Mitchell Davis No outer env., env opened M. Mitchell Davis No outer env., voter info on inner env. Davis No outer env., voter info on inner env. Davis No outer env., voter info on inner env. Davis No outer env., voter info on inner env. Davis No outer env., voter info on inner env. 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 Berkeley No time Des Berkeley No time Des Berkeley No time Des Berkeley No time Des Berkeley No time Des Berkeley No time Des Berkeley No time Des Berkeley No time Des Berkeley No time Des Berkeley No time Des Berkeley No time Des Berkeley No time Des Berkeley No time Des 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 Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des Berkeley Non-standard outer env. Des 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 colors of ink Des Berkeley Two colors of ink Des Berkeley Two colors of ink Des Berkeley Two colors of ink Des Berkeley Two colors of ink Des Berkeley Two colors of ink Des Berkeley Two colors of ink Des Berkeley Two envelopes separated Des Irvine Two envelopes separated Philippe Irvine Two envelopes separated Philippe 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 Los Angeles Unknown – new member? 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 Berkeley Voting on other campus Poll worker Berkeley Voting on other campus Poll worker Berkeley Voting on other campus Poll worker Berkeley Voting on other campus Poll worker 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 Los Angeles Voting on other campus Poll worker 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 Davis Spoiled at poll Davis Spoiled at poll Irvine Spoiled at poll Irvine Spoiled at poll Irvine Spoiled at poll Irvine Spoiled at poll Los Angeles Spoiled at poll Los Angeles Spoiled at poll Los Angeles Spoiled at poll Riverside Spoiled at poll Riverside Spoiled at poll San Diego Spoiled at poll San Diego Spoiled at poll San Diego Spoiled at poll San Diego Spoiled at poll San Diego 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 B: Allocated to polls C: Kept in reserve

2148

1550

598

1200 1057 1450 750 1191

900 650 1200 1050 685

300 407 250 141 0 0 0 0 0 0

0 66 16 0 15

569

569

0

D: Returned to reserve (poll cancelled)

75

0 From ballot box verification

E: Extra ballots delivered to

50

0

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forms polls

From campus tally sheets ('actuals')

F: Unused ballots G: Valid ballots H: Spoiled ballots I: Challenged ballots J: Final reserve

693 524 346

760 346 337

12 12 7

52 19 25

463 234 594 321

667 127 404 359

15 4 16 11

57 1 34 4

205 379

381

186

1

1

3556

3186

78

193

From envelopes on May 5th

K: Spoiled (pre- mediation) L: Challenged (pre- mediation)

9

56

12 7 15 4 18 12 20 17 57 1 34 4

1

1

78

190 Check #1

Total sent to polls (B- D+E) Total found in boxes (F+G+H+I)

1525 900 716 1216 1050 700 569

1517 901 715 1202 1048 695 569 Check #2

Total ballots at campus (A) Total found in boxes + reserves (F+G+H+I+J)

1450 750 569

1407 745 569 Other documents found in counting room

Printed e- mails from committee members Ballot box summary forms Campus tally sheet Counting sheets Membership list binders

Yes

Yes

Yes

Unfilled

Yes

No Yes Yes Yes Yes Yes

Yes Yes Yes Yes Yes Yes

Yes Yes Yes Yes Yes Yes

Yes Yes Unfilled Yes Yes Yes

Yes Yes Yes Yes Yes No

Yes

Re- did Re- did

Yes

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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