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The U.S. Department of Labor will investigate complaints by two candidates regarding the New Hampshire State Employees' Association 2008 elections. Both candidates allege they were not given access to lists of voting delegates, while incumbent, Gary Smith, used such a list throughout his campaign. The union uses delegates to elect the President on behalf of the the organization's 11,000 members. Knowing who the delegates are, and being able to speak with them is a considerable advantage in such an election. The candidates are thus claiming that the union discriminated in favor of Smith, breaking federal code. While the union had no comment on the investigation, a spokesperson indicated that such investigations were not uncommon. The SEA also apparently conducted an internal investigation on the matter, ruling against the allegations. Depending on the outcome of the Labor Department's investigation, the election could be vacated.