N.J. Admin. Code § 17:2-1.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 17:2-1.4 - Election of member-trustee

(a) The procedures as required by N.J.S.A. 43:15A-17 for the election of a State, municipal, or county trustee representative to the Board are set forth in this section. For purposes of this section, the election cycle begins upon distribution of the notice of election and ends with the certification of the results by the Board.

(b) Eligible candidates shall include any active or retired member of the PERS. Only State members may seek State seats, only municipal members may seek municipal seats, and only county members may seek county seats on the Board. All candidates shall comply with any and all requirements as provided by law and this chapter, including the requirements of the New Jersey First Act, N.J.S.A. 52:14-7, which requires having a principal residence in New Jersey, unless an exemption applies. Any candidate who fails to comply with the law and this chapter is automatically disqualified as a candidate.

(c) The following shall apply to the notice of election:

1. At least nine months prior to the next election cycle a notice shall be prepared and distributed electronically by the Secretary or a contracted vendor, through the certifying officers, to provide to each member who is eligible to vote;

2. The notice of election shall:

i. Advise the member of the election;

ii. State the position and term to be filled;

iii. State that instructions for the nominating process are available from the Secretary at the Division;

iv. State the date of the election;

v. Identify all present members of the Board; and

vi. Include any other information regarding a particular election, as specified by the Board;

3. A notice of election shall be provided to the certifying officer or other appropriate fiscal officer of each employing agency, together with instructions as to who is to receive the notices;

4. The employing agency shall be required to respond electronically that the notice of election has been properly distributed to those identified in (c)3 above; and

5. Election notices shall be distributed electronically to each eligible member through the certifying officer of each employing location. In addition, this notice will be posted to the Division's website. Only active members of the PERS may vote in the election of member-trustees of the Board.

(d) The following shall apply to the nominating process:

1. The instructions for the nominating process shall be available from the Office of the Secretary;

2. A member who is seeking the nomination to be a candidate for an elected position shall prepare a written letter of interest and submit it to the Secretary. The Secretary will verify the eligibility of a member to be a candidate. If the member qualifies as a candidate, the Office of the Secretary shall then forward instructions regarding the nominating process;

3. The nominating instructions shall explain that:

i. For State trustee, at least 500 active State members who are eligible to vote for the position are required to register their nomination for the candidate through a designated website or, if necessary, paper petition;

ii. For municipal trustee, at least 300 active municipal members who are eligible to vote for the position are required to register their nomination for the candidate through a designated website or, if necessary, paper petition;

iii. For county trustee, at least 500 active county members who are eligible to vote for the position are required to register their nomination for the candidate through a designated website or, if necessary, paper petition;

iv. To register a nomination for a candidate, the petitioner shall be required to designate his or her candidate selection either electronically through a designated website or, if necessary, through a petition form;

v. An active member shall nominate only one candidate, with State members petitioning for a State candidate, municipal members petitioning for a municipal candidate, and county members petitioning for a county candidate; and

vi. The last date for nominating a candidate shall be identified, as well as the approximate date that election packets shall be sent to employers for distribution to voters;

4. If only one candidate is nominated for a position, the candidate shall be deemed elected to the position without balloting. A notice indicating no contest shall be distributed to the certifying officers, for posting at the employing locations, since only one candidate was nominated by petition.

5. If no candidates receive the requisite number of signatures to qualify for the position, the position will remain vacant for the remainder of the unexpired term, until the next election cycle;

6. In the event there are two positions for the same election because a vacancy causes an unexpired term and another term expires (State, municipal, or county), and only two candidates qualify, the Office of the Secretary shall hold a drawing by lot to determine which candidate shall fill the full-term position and which candidate shall fill the unexpired position; and

7. In the event there are two positions for the same election (State, municipal, or county) and more than two candidates qualify, an election by ballot shall be held. The candidate receiving the highest number of votes will fill the full-term position. The candidate receiving the second highest number of votes will fill the unexpired term position.

(e) The following applies to distribution of election packets:

1. The Board reserves the right to authorize a vendor to collect votes through one or more of the following election processes. All active eligible members shall have an opportunity to cast a ballot through one of the following:

i. Telephone (voice retrieval system--electronic vote);

ii. Internet access (electronic vote); or

iii. Paper ballot (postage-paid, self-seal return mailer);

2. For each eligible voter, there shall be forwarded to the certifying officer, individual member packets with instructions for balloting, which shall include the following information:

i. The eligible member's name, pension membership number, pension location number, ballot number, and personal identification number (PIN);

ii. The closing date of the election;

iii. The name of each candidate nominated, including a biographical sketch listing the candidate's background and employer;

iv. Instructions on how to properly cast a vote, including notification that shall advise the member that mutilated ballots, illegible ballots, ballots with write-in votes, ballots with multiple votes, or ballots where the member's intended vote cannot be determined shall be declared invalid and not considered in the final election count;

v. Instructions on how to properly cast an electronic vote;

vi. Instructions on proper use of the PIN number;

vii. Notification that the candidate receiving the highest number of legal votes cast shall be declared elected to the position;

viii. Notification that the first vote that a member casts shall be counted as the member's official vote and subsequent votes will be rejected; and

ix. A statement regarding the confidentiality and security used by the vendor to protect the election process against fraudulent and/or multiple voting;

3. The ballot positions shall be determined by a drawing conducted at a time and place determined by the Board Secretary. All candidates may attend such drawing by contacting the Board Secretary; and

4. A notice shall be forwarded to each certifying officer electronically requesting that they acknowledge the receipt and distribution of the election packets. It is the responsibility of the certifying officer to ensure that such election packets are properly distributed to all eligible employees pursuant to 43:15A-67 and 80.

(f) The Board may assess the percentage of returned votes after the conclusion of each respective election and determine, based upon an analysis of the frequency of use of the paper ballots versus the cost of providing the paper ballots, whether or not a paper ballot should continue to be incorporated in the election packet in future elections, as denoted in (e) above. The Secretary shall notify the vendor handling the next election of the Board's decision regarding continued inclusion of the paper ballot in the initial election packet. If members cannot cast an electronic ballot, they shall have an opportunity to cast a paper ballot. If the Board determines that paper ballots shall no longer be included in the initial election packet, then the following apply to the distribution of paper ballots upon member request:

1. Active members may contact the vendor handling the election to request a paper ballot if the voter is unable to cast a ballot through any of the other electronic methods mentioned in (e) above. Members shall provide the vendor with their proper ballot and pension number and home address;

2. Upon proper request by an eligible voter, the vendor shall mail a paper ballot to the voter's home address, together with instructions for casting the ballot, biographical information about the candidates, and a postage-paid return envelope; and

3. Mutilated ballots, illegible ballots, ballots with a write-in vote, multiple votes, or any ballot where the member's intended vote cannot be determined shall be declared invalid and not considered in the final election count.

(g) The following shall apply to biographical information:

1. An informational sheet of biographical information regarding each candidate shall be prepared by the candidate and submitted to the Secretary;

2. The Secretary shall inform each candidate that the biographical information will be included with the election packet;

3. The biographical information on each candidate shall be included on the ballot and provided to those eligible to vote as part of the election packet sent to employers for distribution; and

4. Endorsements are not permitted in the biographical information.

(h) The following shall apply to vote tabulation:

1. Only a member's first vote shall be counted as the member's official electronic or paper ballot. All duplicate or subsequent votes shall be considered invalid and not included in the final election count;

2. The candidate receiving the highest number of all legal votes resulting from the procedures provided in (e) and (f) above shall be elected to the position;

3. The Secretary shall oversee the election process to ensure that the vendor complies with all of the requirements and to assure the validity of the final election count;

4. The eligible candidates for the election shall be invited to the presentation of the final results of the election; and

5. Certification of the election results shall occur at the first Board meeting after the final election count.

(i) The following shall apply to recount procedures:

1. Any candidate or member who shall have reason to believe that an error has been made in counting or declaring the vote may request, in writing, within 20 days of the certification of the results of the election, that the Board, at its next regular meeting or at a special meeting, hold a hearing to consider the request and determine whether a recount shall be held. The Board shall notify all candidates of its decision within 10 days thereafter. At such hearing, any member of the Board who is a candidate on the contested ballot shall not vote in the Board's decision on the request. Candidates on the contested ballot shall be invited to attend the Board's meeting and may present evidence to support their beliefs;

2. If a candidate or other interested party requests a recount, in writing, within the prescribed time, this request shall be reviewed and granted by the Board, if a recount could affect the results of the election. All ballots received shall then be recounted and the recount shall be supervised by the Secretary. The Secretary shall certify the results of the recount to the Board. If a recount is not requested within 20 days, the ballots may be destroyed; and

3. Upon election and the taking of an oath of office, the State, municipal, or county member-trustees shall serve for a term of three years. In the event that no member is certified as the winner of an election, the incumbent trustee shall serve until a successor is certified by the Board.

(j) In the event the victorious candidate dies or is unable or unwilling to serve as such member-trustee prior to the beginning of the candidate's term as trustee, the candidate who obtained the second highest number of votes in that election (that is, the first runner-up) shall be selected to fill the Board vacancy caused by the death or inability or unwillingness to serve of the successful candidate. If the Board selects the first runner-up in such election and that person is unable or unwilling to accept the position, then the Board shall select the candidate who obtained the next highest number of votes in that election. If there is no second runner-up, the Board shall conduct a new election to fill the Board vacancy for the remainder of the term during the next election cycle.

N.J. Admin. Code § 17:2-1.4

Amended by 50 N.J.R. 646(a), effective 1/16/2018