---
kind: "section"
citation: "5 C.F.R. § 2422.29"
title: "5"
number: "2422.29"
heading: "How does the FLRA address an inconclusive election?"
url: "https://uscodex.org/cfr/5/2422.29"
---

# §2422.29. How does the FLRA address an inconclusive election?

- (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) 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) 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) When a runoff ballot provides for a choice between two labor organizations and results in the votes being equally divided; or
  - (4) **When the FLRA determines that there have been significant procedural irregularities.**
- (b) **Eligibility to vote in a rerun election.** The FLRA uses the latest payroll period to determine eligibility to vote in a rerun election.
- (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.
- (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.

## Notes

### Amendments

[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

[91 FR 13945, Mar. 24, 2026]