Cal. Code Regs. tit. 2 § 554.8

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

Section 554.8 - Ballot Counting and Runoff Election

(a) The following are declared to be invalid ballots and shall not be counted in the election:

(1) Votes cast for individuals not listed as candidates on the official ballot.

(2) The return envelope not signed by the eligible voter, in accordance with the CalPERS instructions.

(3) A duplicate ballot (paper ballot, online, telephone) received from the same voter. First ballot received is the only valid ballot.

(4) Votes cast in excess of that allowed on the ballot.

(5) Ballots not received within the time period prescribed by the Notice of Election.

(b) Return envelopes shall be scanned to ensure only one vote is cast per voter. Return envelopes shall not be opened until the deadline for final receipt of valid ballots. Online and telephone votes will be tracked to ensure there are no duplicate votes between voting methods. On the date specified in the Notice of Election at the location designated by CalPERS, the validated paper ballots shall be tabulated publicly by an independent, neutral agent appointed by CalPERS for that purpose. Online and telephone votes will be tabulated on the date specified in the Notice of Election and be auditable by an independent, neutral agent appointed by CalPERS for that purpose. The candidate having a majority of the valid votes cast, or the winning lot as drawn by the Secretary of State in case of a tie vote, or the single candidate as provided in section 554.7(b), shall be certified by the Secretary of State as having been elected.

(c) Where the Board members elected under Government Code section 20090, subdivision (g)(1) are elected in the same election, the two positions shall be separately designated Position A and Position B. The position held by Charles Valdes on November 15, 2000 shall thereafter be designated Position A. The position held by William B. Rosenberg on November 15, 2000 shall thereafter be designated Position B.

(d) The candidate receiving the majority vote for each position shall be certified by the Secretary of State as having been elected. In the event that no candidate for any position receives a majority of all valid votes cast, a runoff election will be conducted involving the two candidates who received the highest number of votes.

Cal. Code Regs. Tit. 2, § 554.8

1. New section filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
2. Change without regulatory effect amending subsection (f) filed 6-12-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 24).
3. Amendment of NOTE filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
4. Amendment of subsections (b), (e) and (f) 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.
5. Change without regulatory effect correcting subsection (b) of 11-30-2000 emergency action filed 12-18-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 51).
6. 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).
7. Amendment of subsections (b), (e) and (f) adopted by CalPERS Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative 1-16-2002 (Register 2001, No. 31).
8. Renumbering of former section 554.8 to section 554.10 and renumbering and amendment of former section 554.6 to section 554.8 filed 11-10-2016; operative 1-1-2017 (Register 2016, No. 46).
9. Amendment of subsections (a)(2) and (b) filed 11-24-2020; operative 1-1-2021 (Register 2020, No. 48).

Note: Authority cited: Section 20121, Government Code. Reference: Sections 20090 and 20096, Government Code.

1. New section filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
2. Change without regulatory effect amending subsection (f) filed 6-12-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 24).
3. Amendment of Note filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
4. Amendment of subsections (b), (e) and (f) 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.
5. Change without regulatory effect correcting subsection (b) of 11-30-2000 emergency action filed 12-18-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 51).
6. 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).
7. Amendment of subsections (b), (e) and (f) adopted by CalPERS Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative 1-16-2002 (Register 2001, No. 31).
8. Renumbering of former section 554.8 to section 554.10 and renumbering and amendment of former section 554.6 to section 554.8 filed 11-10-2016; operative 1/1/2017 (Register 2016, No. 46).
9. Amendment of subsections (a)(2) and (b) filed 11-24-2020; operative 1/1/2021 (Register 2020, No. 48).