4 minute read
LAW
Election Integrity
By Scott Aronowitz
A memorable quote from the past 15 years states, “Elections have consequences.” While it is true those we put in power can either enhance our lives or cause great damage, the president of your local officiating association, while important, will not increase the value of your 401(k). However, since sports are a microcosm of life, it is important to recognize that election integrity is crucial to running a successful officials association.
Association elections do not fall under state, federal or local election laws, so the association must govern itself. Essentially there are few if any legal repercussions for allegations of election violations, so it is vital the voting body has full faith and confidence that elections are conducted properly. However, the association is not insulated from liability, so your elected leaders do matter.
Start with the governing body, usually the state in which the association operates. Nowadays, just about all state athletic associations post guidelines on their websites. Some states are very specific in how elections should be held, others leave it to the associations. In the latter case, the association’s bylaws should govern.
The bylaws set forth the objectives, procedures and requirements of the association and should be reviewed regularly to ensure compliance with the governing body and the trends in the association’s sport. Election rules must be clearly specified in the bylaws, including but not limited to length of terms, eligibility, the nomination process, collection of ballots, when the election is annually conducted (the final meeting of the year, e.g.), and counting ballots. In addition, any procedures for challenging the results of elections should be spelled out. Also, the bylaws should clearly denote eligibility requirements and the way candidates may campaign.
While in-person voting is preferred, there are ways to collect ballots electronically. Websites such as ElectionBuddy, SurveyMonkey and the like have safeguards in place to ensure security. Regardless, ballots should be conducted secretly with each member casting one vote.
Once the ballots are received, they must be counted, and this process can make or break an election. I have witnessed a handful of people collect paper ballots, disappear for a few minutes and emerge with the results. How does the membership know the counts are valid? Votes should be counted openly by trusted members to ensure fairness and consistency without prejudice to any candidate.
I would wager a very small percentage of the membership has read the bylaws. As such, I recommend creating a factsheet about the specifics of elections, citing directly from state and association documents. Keep it short and simple while providing members the opportunity to refer to the source documents.
An election process deemed unfair breeds resentment and challenges the integrity of the process, the legitimacy of those elected and the validity of the association. Take the necessary steps to solidify the process to avoid any election pitfalls. Scott Aronowitz is an educator and attorney who lives in Middleburg, Fla. He has officiated high school football for 20 years, was a college referee for seven years and currently works replay in the Collegiate Officiating Consortium. This column is for information purposes only and is not legal advice. *
It’s on Tape
The recording and streaming of athletic events is standard procedure at all levels of sport. An abundance of events from the youth level on up are available on YouTube and elsewhere. Officials are encouraged to use video to evaluate and critique their own performances, and video presentations are standard at local association meetings.
That’s all well and good, but any official or local association utilizing a particular video must be sure they have legal permission to do so, said sports law attorney Don Collins at the 2022 NASO Sports Officiating Summit during the breakout session, Critical Issues: A Legal Perspective.
If the official, one of his or her peers, or a friend for instance, shot the video for the purposes of self-evaluation, that shouldn’t be a problem. But if the video was produced by a third party, be it a high school video crew or a local cable network, the video belongs to them, not to the public at large.
“Technically, the school could have sold that game film to the association to show,” Collins said. “They have the license.”
Generally, they’re not going to want to charge for its use in these circumstances, Collins said. But problems can be avoided by simply asking for permission to use the video to show the calls at association meetings.
How to Avoid Litigation
Want to avoid being sued for your officiating activities? These four practices will help: 1.Enforce all rules related to player safety strictly and without compromise or deviation. 2.Any time a rule requires the officials to ask questions and get answers: Ask questions and get answers. 3.Act intelligently and consistently, employing the overriding principles of player safety in enforcing the rules. 4.Do not, under any circumstances, make up your own rules regarding player safety or attempt to explain the consequences of one course of action or another to anyone.
SOURCE: SPORTS OFFICIATING: A LEGAL GUIDE BY ALAN GOLDBERGER
PRESENTED BY
Go to www.naso.org and click on member benefits for more on MICP.
