5 CFR §2422.29

1. (a)Inconclusive elections. An inconclusive election is one where challenged ballots are not sufficient to affect the outcome of the election and one of the following occurs:
   1. (1)The ballot provides for at least three (3) choices, one of which is “no union” or “neither,” and the votes are equally divided; or
   2. (2)The ballot provides for at least three (3) choices, the choice receiving the highest number of votes does not receive a majority, and at least two other choices receive the next highest and same number of votes; or
   3. (3)When a runoff ballot provides for a choice between two labor organizations and results in the votes being equally divided; or
   4. (4)When the FLRA determines that there have been significant procedural irregularities.
2. (b)Eligibility to vote in a rerun election. The FLRA uses the latest payroll period to determine eligibility to vote in a rerun election.
3. (c)Ballot. If the FLRA determines that the election is inconclusive, then the election will be rerun with all the choices that appeared on the original ballot.
4. (d)Number of reruns. There will be only one rerun of an inconclusive election. If the rerun results in another inconclusive election, then the tally of ballots will show a majority of valid ballots has not been cast for any choice, and the FLRA will issue a certification of results. If necessary, a runoff may be held when an original election is rerun.