California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 13 - Election of Members to the Teachers' Retirement Board › Section 24007 - Recount of an Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A candidate
				  in the affected Board member election may file a written request with the Election
				  Coordinator at the headquarters office of the System for recount within ten business
				  days following the distribution of the certified election results; otherwise, there
				  shall be no opportunity for requesting a recount and the certified election results
				  stand as the final results.
(b) A
				  request for a recount shall not delay the seating of an elected Board member. Such
				  elected Board member shall take office on either the day provided for by statute or
				  immediately, if elected to fill a vacancy, subject to the potential termination of
				  such Board membership as a result of the recount.
(c) A candidate in the affected Board member
				  election may request a recount of the valid ballots only if the difference in the
				  number of votes cast between the candidate requesting the recount and the unofficial
				  winner is less than 3 percent of the total number of valid ballots cast. 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 the System's
				  administrative cost and the costs of the independent, neutral agent appointed by the
				  System to canvass the valid ballots. 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 business 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 ranking of the candidates then the certified
				  results shall stand as the final election results. In this case, if the actual cost
				  of the recount is less than the estimated cost deposited by the requester, the
				  System shall refund the amount which exceeds the actual cost; if the actual cost of
				  the recount is more than the estimated cost, the System shall invoice the requester
				  for the difference.
(f) If the results
				  of the recount do change the ranking of the candidates, then the recount results
				  shall be certified by the Chief Executive Officer and shall stand as the final
				  election results. In this case, the System shall refund the amount of the estimated
				  cost deposited by the requester.
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).
Note: Authority cited: Section
						22200.5,
						Education Code. Reference: Section
						22200, Education
						Code.