If the petitioner seeks to withdraw from the ballot and there is no intervenor, the Division allows the petitioner's request and cancels the election. However, if the petitioner withdraws, the Division will not allow the petitioner to petition for the same unit or any part thereof for a period of up six (6) months. See 456 CMR 14.06 (2). If the petitioner seeks to withdraw and there is one or more intervenors, in order for the election to be held, one of the intervenors must have a thirty (30) or fifty (50) percent showing of interest in order to hold an election. See Section 1.4.1 and 456 CMR 14.05(1) and (2). Thus, if the petitioner withdraws, each intervening organization will be given ten (10) days to submit a showing of interest sufficient to reach thirty (30) or fifty (50) percent. If one of the intervenors has already submitted a sufficient showing of interest, the case may continue uninterrupted.
In determining whether to allow an intervenor to withdraw, the Division considers whether a late withdrawal will confuse the voters. If the withdrawal is allowed, the Division's agent at the election site will advise the voters of the change prior to their voting.
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