Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 1 - Administrative PersonnelChapter 2 - Board of Administration of Public Employees' Retirement SystemSubchapter 1 - Employees' Retirement System Regulations
Article 2 - Administration
Section 554.7 - Ballot Distribution

Cal. Code Regs. tit. 2 § 554.7

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Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 554.7 - Ballot Distribution
(a) Except as provided in paragraph (b), below, the Election Coordinator shall cause ballots, candidate statements, postage paid return envelopes, and online/telephone voting instructions to be mailed by CalPERS directly to the mailing or physical address of each retired member, and to each eligible active member for whom the Board has a residence address and is permitted by law to use such address to mail these election materials. The Election Coordinator shall provide the means for eligible active and retired members for whom CalPERS does not have a valid mailing or physical address recorded to request ballots.

Paper marked ballots shall be returned to the location designated by CalPERS in the postage paid return envelope provided by CalPERS and the reverse side of the envelope shall be signed by the voter certifying under penalty of perjury that the voter is eligible to vote in the election; otherwise the paper ballot shall not be valid.

CalPERS will allow online and telephone voting. Voters submitting an online or telephone vote are required to enter a pin number provided by CalPERS, and a unique identification number, and agree to electronically certify under penalty of perjury that the voter is eligible to vote in the election; otherwise the online or telephone vote shall not be valid. CalPERS shall not require, or place, any information that identifies the voter on the paper ballot.

(b) If only one candidate has been nominated in accordance with section 554.5, the Election Coordinator shall, upon verification of the signatures presented in the nominating petition and upon the candidate's certification of his/her nomination acceptance, cancel the remaining election procedures and designate the single candidate to be certified as elected by the Secretary of State. Upon the Secretary of State's certification, the Board member elected through this process shall take his/her office on the day provided for by statute or immediately, if elected to fill a vacancy.

Cal. Code Regs. Tit. 2, § 554.7

1. New section filed 7-2-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment filed 7-9-84; effective thirtieth day thereafter (Register 84, No. 28).
3. New subsection (a), designation and amendment of subsection (b), and designation of subsection (c) filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
4. Amendment of subsection (a) filed 7-17-95 as an emergency; operative 7-17-95 (Register 95, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-17-95 order including amendment of subsection (b) transmitted to OAL 10-27-95 and filed 12-1-95 (Register 95, No. 48).
6. Amendment of NOTE filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
7. Amendment of subsection (a) 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.
8. 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).
9. 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).
10. Amendment of subsection (a) adopted by CalPERS Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative 1-16-2002 (Register 2001, No. 31).
11. Renumbering of former section 554.7 to section 554.9 and renumbering and amendment of former section 554.5 to section 554.7 filed 11-10-2016; operative 1-1-2017 (Register 2016, No. 46).
12. Amendment of subsection (a) filed 6-19-2018; operative 6-19-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 25).
13. Amendment of subsection (a) filed 11-24-2020; operative 1-1-2021 (Register 2020, No. 48).

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

1. New section filed 7-2-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment filed 7-9-84; effective thirtieth day thereafter (Register 84, No. 28).
3. New subsection (a), designation and amendment of subsection (b), and designation of subsection (c) filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
4. Amendment of subsection (a) filed 7-17-95 as an emergency; operative 7-17-95 (Register 95, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-17-95 order including amendment of subsection (b) transmitted to OAL 10-27-95 and filed 12-1-95 (Register 95, No. 48).
6. Amendment of Note filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
7. Amendment of subsection (a) 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.
8. 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).
9. 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).
10. Amendment of subsection (a) adopted by CalPERS Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative 1-16-2002 (Register 2001, No. 31).
11. Renumbering of former section 554.7 to section 554.9 and renumbering and amendment of former section 554.5 to section 554.7 filed 11-10-2016; operative 1/1/2017 (Register 2016, No. 46).
12. Amendment of subsection (a) filed 6-19-2018; operative 6/19/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 25).
13. Amendment of subsection (a) filed 11-24-2020; operative 1/1/2021 (Register 2020, No. 48).