SMART-TD State Legislative Boards directed to cancel meetings, conduct mail elections

March 19, 2020

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SMART Transportation Division (TD) State Legislative Boards that have not yet conducted their quadrennial reorganization meetings are directed to cancel their meetings and conduct elections by mail ballot.

Taking these steps will assist in meeting the recommendations of the White House and the Centers for Disease Control and Prevention (CDC) to stem the transmission of the COVID-19 virus by avoiding unnecessary travel and exposure to gatherings of people.

According to SMART Constitution Article 21B, Section 93, lines 18-22:

“Beginning in 1972 the Chairperson of each State and District Legislative Board shall convene the full Legislative Board not later than May 31st following the completion of the quadrennial elections for Local Legislative Representatives for reorganizational purposes which shall include the election of officers and adoption of bylaws and procedures.”

As a result of the growing adverse impact of the COVID-19 virus, the U.S. Department of Labor, Office of Labor Management Standards (OLMS), on March 17, 2020, issued guidance that provides this organization with latitude regarding the deadline for accomplishing the quadrennial reorganization, but still requires making “a good faith effort to conduct officer elections within LMRDA [Labor-Management Reporting and Disclosure Act] timeframes.”

Accordingly, the quadrennial elections of your board should be conducted as soon as possible, and completed before the constitutionally mandated May 31, 2020, deadline.

The DOL has advised that nominations can be taken by email, but elections must be conducted by secret ballot. The elections should be conducted pursuant to the procedures found in SMART Constitution Article 21B, Section 57, which calls for the use of “A” envelopes and the employment of three Tellers to retrieve the ballots from a P.O. box and tabulate the results. A notice soliciting nominations must be distributed to all Legislative Representatives no less than 10 days prior to the deadline for receipt of nominations. Ballots must be mailed at least 15 days prior to the date of tabulation.

Questions should be directed to the office of the Transportation Division President.