Md. Code Regs. 22.03.01.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 22.03.01.06 - Nomination of Candidates

A. A candidate shall properly complete and submit all required nomination materials on or before the election schedule's stated submission deadline.

B. A candidate becomes a certified candidate if the Executive Director certifies that the following criteria are met:

(1) The candidate satisfies the eligibility requirements set forth in State Personnel and Pensions Article, § 21-104, Annotated Code of Maryland; and

(2) On or before the date specified in the election schedule, the Executive Director receives:

(a) For a candidate to become a certified candidate for the Employees' Systems or Teachers' Systems:

(i) Completed nominations with the signatures and birth dates of at least 500 eligible voters;

(ii) A separate written statement in the length and format required by the Executive Director setting forth the candidate's relevant experience but excluding any references to endorsements;

(iii) Confirmation that at least 500 of the individuals who signed the nomination forms are eligible to vote for the candidate to serve as trustee; and

(iv) Such additional information as the Executive Director may require; or

(b) For a candidate to become a certified candidate for the State Police Retirement System:

(i) Completed nominations with the signatures and birth dates of at least 100 eligible voters;

(ii) A separate written statement in the length and format required by the Executive Director setting forth the candidate's relevant experience but excluding any references to endorsements;

(iii) Confirmation that at least 100 of the individuals who signed the nomination forms are eligible to vote for the candidate to serve as trustee; and

(iv) Such additional information as the Executive Director may require.

C. Only One Certified Candidate.

(1) If there is only one certified candidate from the Employees' Systems, the State Police Retirement System, or the Teachers' Systems the provisions of this section apply to the selection of the certified candidate to serve as trustee.

(2) The sole certified candidate shall:

(a) Be considered nominated to serve as trustee for the Employees' Systems, the State Police Retirement System, or the Teachers' Systems; and

(b) Serve as trustee for the 4-year term beginning on August 1 of the election year.

(3) The Executive Director shall:

(a) Discontinue the election process for the trustee for the applicable system or systems;

(b) Report the results to the Board of Trustees; and

(c) Proceed with an election for other trustees for the remaining system or systems with more than one certified candidate as provided in this chapter.

(4) On receipt of the Executive Director's report, the Board of Trustees shall:

(a) Certify the results;

(b) Direct the Executive Director to notify the sole certified candidate; and

(c) Publish the results of the election as provided in Regulation .10 of this chapter.

D. No Certified Candidate.

(1) If the Executive Director is not able to certify the name of one candidate from the Employees' Systems, the State Police Retirement System, or the Teachers' Systems to be placed on the ballot as a certified candidate, the provisions of this section apply.

(2) The Executive Director shall:

(a) Promptly prepare a new election schedule, or a partially modified election schedule, in substantial conformity with this chapter for approval by the Board of Trustees; and

(b) Proceed with an election for the trustee for the Employees' Systems, the State Police Retirement System, or the Teachers' Systems with more than one certified candidate as provided in this chapter.

(3) On approval of the revised election schedule by a majority of the Board of Trustees, the Executive Director shall conduct the election of a trustee or trustees in accordance with the revised schedule.

E. Campaign Materials and Contributions.

(1) A certified candidate's campaign materials may not:

(a) Use the Retirement Agency logo or letterhead; or

(b) State or imply that the Board of Trustees, any member of the Board of Trustees, the Retirement Agency, or any employee of the Retirement Agency has endorsed the certified candidate.

(2) A certified candidate may not solicit or accept contributions, gifts, or donations in connection with the individual's candidacy.

(3) Any certified candidate who violates this section is subject to disqualification by the Board of Trustees.

Md. Code Regs. 22.03.01.06

Regulation .06A amended effective November 18, 1996 (23:23 Md. R. 1556); August 5, 2002 (29:15 Md. R. 1143); October 28, 2002 (29:21 Md. R. 1647); adopted effective 49:23 Md. R. 997, eff. 11/14/2022