---
kind: "section"
citation: "5 C.F.R. § 2422.28"
title: "5"
number: "2422.28"
heading: "When is a runoff election required?"
url: "https://uscodex.org/cfr/5/2422.28"
---

# §2422.28. When is a runoff election required?

- (a) **When a runoff may be held.** A runoff election is required in an election involving at least three (3) choices, one of which is “no union” or “neither,” when no choice receives a majority of the valid ballots cast. However, a runoff may not be held until the FLRA has ruled on objections to the election and determinative challenged ballots.
- (b) **Eligibility.** Employees who were eligible to vote in the original election and who are also eligible on the date of the runoff election may vote in the runoff election.
- (c) **Ballot.** The ballot in the runoff election will provide for a selection between the two choices receiving the highest and second highest number of votes in the election.

## Notes

### Amendments

[77 FR 37752, June 25, 2012, as amended at 91 FR 13945, Mar. 24, 2026]

### Authority

Authority: 3 U.S.C. 431; 5 U.S.C. 7134.

### Source

Source: 77 FR 37752, June 25, 2012, unless otherwise noted.

### Amendments

[77 FR 37752, June 25, 2012, as amended at 91 FR 13945, Mar. 24, 2026]