5 CFR § 2422.28 - When is a runoff election required?

---
identifier: "/us/cfr/t5/s2422.28"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 2422.28 - When is a runoff election required?"
title_number: 5
title_name: "Administrative Personnel"
section_number: "2422.28"
section_name: "When is a runoff election required?"
chapter_name: "FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL"
subchapter_number: "C"
subchapter_name: "FEDERAL LABOR RELATIONS AUTHORITY AND GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY"
part_number: "2422"
part_name: "REPRESENTATION PROCEEDINGS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "3 U.S.C. 431; 5 U.S.C. 7134."
regulatory_source: "77 FR 37752, June 25, 2012, unless otherwise noted."
cfr_part: "2422"
---


# 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 Regional Director 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.