Cal. Code Regs. tit. 2 § 554.10

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 554.10 - Recount of an Election

(a) A request for a recount shall not delay the seating of an elected Board member. Such elected Board member shall take office, in accordance with the published election schedule, subject to the potential termination of such Board membership as a result of the recount.

(b) A candidate in the affected Board member election may file a written request with the Election Coordinator at the Sacramento Office of CalPERS for recount within 10 working days following the electronic transmission to each candidate of the unofficial results, and/or the unofficial runoff results, if any; otherwise, there shall be no opportunity for requesting a recount and the certified election results stand as the official results.

(c) A written request for a recount shall specify the election to be recounted, shall be signed by the candidate requesting the recount, and may specify any other relevant material to be examined.

(d) The Election Coordinator shall set a date for the recount upon receipt of the written request, and shall confirm this date upon receipt of the estimated cost to conduct the recount. The estimated cost of conducting a recount will include CalPERS' administrative cost and the costs of the ballot counting contractor, if applicable. Legal tender of the amount of the estimated cost of conducting the recount shall be submitted by the candidate requesting the recount to the Election Coordinator within three working days following notification of the estimated cost to conduct the recount; otherwise, the recount shall be terminated.

(e) If the results of the recount do not change the outcome of the election, then the unofficial results shall, upon receipt of certification from the Secretary of State, stand as the official election results. In this case, if the actual cost of the recount is less than the estimated cost deposited by the requester, CalPERS shall refund the amount which exceeds the actual cost. If the actual cost of the recount is more than the estimated cost, CalPERS shall invoice the requester, who shall be responsible for paying the difference between the amount deposited and any additional costs.

(f) If the results of the recount do change the ranking of the candidates, then the recount results shall be resubmitted to the Secretary of State for certification as the official election results. In this case, CalPERS shall refund the amount of the estimated cost deposited by the requester.

Cal. Code Regs. Tit. 2, § 554.10

1. New section filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
2. Amendment of subsections (a) and (d) filed 11-30-2000 as an emergency; operative 11-30-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-30-2001 or emergency language will be repealed by operation of law on the following day.
3. Change without regulatory effect correcting subsection (a) of 11-30-2000 emergency action filed 12-18-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 51).
4. Pursuant to the order of the Superior Court of California, Court of Sacramento, dated April 20, 2001, in California State Employees Association, Local 1000, SEIU, AFL-CIO, CLC v. Public Employees Retirement System, et al., No. 00CS01662, the emergency amendment filed 11-30-2000 has been invalidated and is unenforceable until adopted in full compliance with the Administrative Procedure Act. Reinstatement of section as it existed prior to 11-30-2000 emergency amendment (Register 2001, No. 22).
5. Amendment of subsections (a) and (d) adopted by CalPERS Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative 1-16-2002 (Register 2001, No. 31). Text of version effective through January 15, 2002, retained for reference.
6. Renumbering of former section 554.10 to section 554.4 and renumbering and amendment of former section 554.8 to section 554.10 filed 11-10-2016; operative 1-1-2017 (Register 2016, No. 46).

Note: Authority cited: Section 20121, Government Code. Reference: Section 20096, Government Code.

1. New section filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
2. Amendment of subsections (a) and (d) filed 11-30-2000 as an emergency; operative 11-30-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-30-2001 or emergency language will be repealed by operation of law on the following day.
3. Change without regulatory effect correcting subsection (a) of 11-30-2000 emergency action filed 12-18-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 51).
4. Pursuant to the order of the Superior Court of California, Court of Sacramento, dated April 20, 2001, in California State Employees Association, Local 1000, SEIU, AFL-CIO, CLC v. Public Employees Retirement System, et al., No. 00CS01662, the emergency amendment filed 11-30-2000 has been invalidated and is unenforceable until adopted in full compliance with the Administrative Procedure Act. Reinstatement of section as it existed prior to 11-30-2000 emergency amendment (Register 2001, No. 22).
5. Amendment of subsections (a) and (d) adopted by CalPERS Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative 1-16-2002 (Register 2001, No. 31).
6. Renumbering of former section 554.10 to section 554.4 and renumbering and amendment of former section 554.8 to section 554.10 filed 11-10-2016; operative 1/1/2017 (Register 2016, No. 46).