Tips for DOL Compliance

Distribution of Campaign Literature "What are the Rules?"

Timing of Request

Unions are required to comply with all reasonable requests of candidates to distribute campaign literature to the membership at the candidates' expense. A member need not be formally nominated to be entitled to distribute campaign literature. Federal law requires a union to distribute campaign literature for a bona fide candidate seeking to be nominated who makes such a request, even if a union rule prohibits campaign mailings prior to nominations. Federal law does not define "reasonable request," but you should consider a variety of factors such as the size of your union, the geographic distribution of the membership, and the extent to which members recognize individuals as likely candidates for office.

Content

Unions may not regulate the content of campaign literature and may not require that they be permitted to read the literature before distribution. You may not censor campaign literature in any way, even if the literature includes derogatory remarks about other candidates. A concern that mailing certain campaign literature may constitute libel does not justify a refusal to distribute the literature because the union is under a legal duty to distribute the material.

Cost

You may require candidates to pay in advance for distribution of campaign literature, if such a requirement is applied uniformly to all candidates. There is no requirement that a union distribute campaign literature free of charge for a candidate who cannot bear such expense. If a union distributes any candidate's literature without charge, all other candidates must be notified that they are also entitled to have their literature distributed without charge.

You may not refuse to distribute campaign literature on the basis that your union has a small staff that cannot handle such distribution for all candidates. If necessary, you should hire additional staff or contract with a professional mailer to satisfy the request and charge the candidate for the cost of distribution.

Avoiding Common Mistakes

You may not limit the number of mailings which a candidate is permitted to make. You must honor reasonable requests to distribute campaign literature to only a portion of the membership if it is practicable. To avoid charges of unequal treatment, notify all candidates in advance of the conditions under which the union will mail campaign literature, including to whom candidates should direct a request for distribution, the payment required, and any other rules which apply. Do not impose unreasonable deadlines for submitting requests.

If you have any comments or questions, call us at 800-514-8810 or email us at info@ballotpoint.com and we will get back to you as soon as possible.

 
© 2012-2017 CCComplete, Inc. All rights reserved. | BallotPoint ® | Website Terms of Use | U.S. Patent No. 7,597,258
800-514-8810 | 615 SW Broadway, Suite 300 | Portland, OR 97205 | info@ballotpoint.com
×

WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ANY USE OF THIS BALLOTPOINT WEBSITE SHALL BE INTERPRETED AS YOUR AGREEMENT AND ACKNOWLEDGEMENT THAT YOU WILL BE BOUND BY SUCH TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

THE INFORMATION ON THIS SITE IS INTENDED TO PROVIDE GENERAL INFORMATION AND DOES NOT CONSTITUTE LEGAL ADVICE. READERS SHOULD NOT USE THIS INFORMATION AS THE BASIS FOR ACTION WITHOUT CONSULTING INFORMED LEGAL COUNSEL REGARDING THEIR SPECIFIC SITUATION.

IMPORTANT DISCLAIMER

The material included on the BallotPoint® website is for informational purposes only. The terms "BallotPoint Election Services," "BallotPoint Advisory Services," and "BallotPoint" as used throughout this website are CCComplete, Inc. business entities and are intended to represent CCComplete, Inc., its subsidiaries and affiliates. CCComplete, Inc. and its related entities, including their respective principals, employees, agents, and representatives, make no representations or warranties about accuracy, timeliness, suitability, or any other aspect of this site or any content on or accessed through this site or for any purpose. In no event shall CCComplete, Inc., its related entities, affiliates, partners, principals, employees, agents, or representatives be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages whatsoever, without regard to the form of any action, including but not limited to contract, negligence, or other tortuous actions, arising out of or in connection with this site, any content on or accessed through this site, or any copying, display, or other use thereof.

CCComplete, Inc. operates this website to inform users of the services we provide and other general information about our Company. The content of this website is provided for informational purposes only and is not intended as a substitute for qualified legal advice and under no circumstances shall be deemed to constitute such services. The services and or operational guides described on this website are provided by CCComplete, Inc. Any use or reuse of any information provided on this website will be at the user's own sole risk and without liability or legal exposure to CCComplete, Inc.

Any and all information contained herein is provided without warranties of any kind, whether express or implied. CCComplete, Inc. hereby expressly disclaims all warranties and obligations with regard to CCComplete, Inc. or any content on or accessed through this website, including but not limited to all implied warranties and obligations of merchantability, fitness for a particular purpose, title and non-infringement. To the fullest extent permitted by applicable law, CCComplete, Inc. further disclaims any liability for damages of any kind arising out of or relating to use or inability to use this website, its content, or links, including but not limited to special, incidental, or consequential damages. Website users should also note that Internet software, including but not limited to browsers or even transmission problems can produce inaccurate or incomplete copies of documents when downloaded and displayed on a user's computer.

OWNERSHIP OF WEBSITE CONTENT

CCComplete, Inc. has a copyright on the content of this website. The trademarks, logos, images, and service marks of CCComplete, Inc. that are used on this website are and shall remain the exclusive property of CCComplete, Inc. and may not be used without prior written permission. All content on this website is and shall remain the sole and exclusive property of CCComplete, Inc., except where a different owner has been indicated on the website. Users of this website may not alter, modify, reproduce, display, publish, post, transmit, or distribute any of the contents found on this website without the express written permission of CCComplete, Inc.

GOVERNING LAW

As consideration for any use of this website, including merely accessing the website, you agree to be bound by the laws of the United States of America and the State of Oregon, without regard to any conflicts of law principles. You further agree to be subject to the jurisdiction of any use of the courts, of the State of Oregon, for any dispute relating in any way to your use of this website.

COPYRIGHT

Copyright © 2012-2017 CCComplete, Inc. All rights reserved.