Cal. Code Regs. tit. 5 § 24005

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 24005 - Ballot Counting

The Election Coordinator shall create reasonable procedures to ensure ballots are secured and canvassed in a manner consistent with commonly accepted election practices.

Valid ballots shall be canvassed publicly by an independent, neutral agent appointed by the System for that purpose on the date specified in the Notice of Election at a location to be designated by the System.

Depending upon the method of balloting selected by the Election Coordinator, the following are declared to be invalid ballots and shall not be counted in the election:

a. Votes cast for individuals not listed as candidates on the official ballot.

b. Ballots submitted by a person who is not an eligible voter.

c. A duplicate ballot is received from the same voter.

d. Votes cast in excess of that allowed on the ballot.

e. Ballots not forwarded or received within the time period prescribed by the Notice of Election.

f. If a paper ballot is not forwarded through the United States Postal Service in the valid pre-addressed and stamped return envelope that is furnished.

g. Electronic ballots not cast in the manner prescribed by the System.

The candidate receiving the highest number of votes, or the winning lot as drawn by the Election Coordinator in case of a tie vote, or the single candidate, shall be certified by the Chief Executive Officer as having been elected.

Cal. Code Regs. Tit. 5, § 24005

1. New section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
2. Repealer of subsection g. and subsection relettering filed 5-11-2009; operative upon adoption by the State Teachers' Retirement System 4-2-2009. Amendments are exempt from the Administrative Procedure Act and exempt from OAL review pursuant to Education Code section 22200.5(c) (Register 2009, No. 20).

Note: Authority cited: Section 22200.5, Education Code. Reference: Section 22200, Education Code.

1. New section filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003. Submitted to OAL for printing only (Register 2003, No. 20).
2. Repealer of subsection g. and subsection relettering filed 5-11-2009; operative upon adoption by the State Teachers' Retirement System 4-2-2009. Amendments are exempt from the Administrative Procedure Act and exempt from OAL review pursuant to Education Code section 22200.5(c) (Register 2009, No. 20).