It would not, however, prevent them from counting toward the 250-person threshold meaning that if freelancers terminated in the next 83 days wanted to make the case in court that they were effectively employees entitled to WARN protection, and if the numbers add up, they might still be able to do so.

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Counting the rejected votes would greatly add to the number needed for a candidate to break the 50% threshold for a first-round win and increase the prospect of a runoff due within a month.

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