California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 2 - Administration › Section 554.10 - Recount of an Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 request for a recount shall not delay the seating of an elected Board member.
					 Such elected Board member shall take office, in accordance with the published
					 election schedule, subject to the potential termination of such Board
					 membership as a result of the recount.
(b) A candidate in the affected Board member
					 election may file a written request with the Election Coordinator at the
					 Sacramento Office of CalPERS for recount within 10 working days following the
					 electronic transmission to each candidate of the unofficial results, and/or the
					 unofficial runoff results, if any; otherwise, there shall be no opportunity for
					 requesting a recount and the certified election results stand as the official
					 results.
(c) A written request for
					 a recount shall specify the election to be recounted, shall be signed by the
					 candidate requesting the recount, and may specify any other relevant material
					 to be examined.
(d) The Election
					 Coordinator shall set a date for the recount upon receipt of the written
					 request, and shall confirm this date upon receipt of the estimated cost to
					 conduct the recount. The estimated cost of conducting a recount will include
					 CalPERS' administrative cost and the costs of the ballot counting contractor,
					 if applicable. Legal tender of the amount of the estimated cost of conducting
					 the recount shall be submitted by the candidate requesting the recount to the
					 Election Coordinator within three working days following notification of the
					 estimated cost to conduct the recount; otherwise, the recount shall be
					 terminated.
(e) If the results of
					 the recount do not change the outcome of the election, then the unofficial
					 results shall, upon receipt of certification from the Secretary of State, stand
					 as the official election results. In this case, if the actual cost of the
					 recount is less than the estimated cost deposited by the requester, CalPERS
					 shall refund the amount which exceeds the actual cost. If the actual cost of
					 the recount is more than the estimated cost, CalPERS shall invoice the
					 requester, who shall be responsible for paying the difference between the
					 amount deposited and any additional costs.
(f) If the results of the recount do change
					 the ranking of the candidates, then the recount results shall be resubmitted to
					 the Secretary of State for certification as the official election results. In
					 this case, CalPERS shall refund the amount of the estimated cost deposited by
					 the requester.
1. New
						section filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
2.
						Amendment of subsections (a) and (d) 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.
3. 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).
4. 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).
5. Amendment of subsections (a) and (d) adopted by
						CalPERS Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative
						1-16-2002 (Register 2001, No. 31). Text of version effective through January
						15, 2002, retained for reference.
6. Renumbering of former section
						554.10 to section
						554.4 and renumbering and amendment
						of former section
						554.8 to section
						554.10 filed 11-10-2016; operative
						1-1-2017 (Register 2016, No. 46).
Note: Authority cited: Section
						  20121,
						  Government Code. Reference: Section
						  20096,
						  Government Code.