California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93075 - Runoff Elections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) SMCS
				shall conduct a runoff election when an election in which a ballot providing
				for not less than three choices (i.e., at least two representatives and
				"neither" or "none") results in no choice receiving a majority of the valid
				ballots cast. The runoff election shall be held promptly following final
				disposition of any challenges, objections or exceptions which followed the
				prior election as provided in Section
				93070. Only one runoff election
				shall be held pursuant to this section.
(b) Employees who were eligible to vote in
				the original election and who are employed in an eligible category on the date
				of the runoff election shall be the only employees eligible to vote.
(c) The ballot in the runoff election shall
				provide for a selection between the two choices receiving the highest and
				second highest number of votes.
(d)
				In the event the number of votes cast in an inconclusive election in which the
				ballot provided for a choice among two or more representatives and "neither" or
				"none" is equally divided among the several choices, or in the event the number
				of ballots cast for one choice in such election is equal to the number cast for
				another of the choices but less than the number cast for the third choice, the
				Director shall declare the first election a nullity and shall conduct another
				election among the three choices which received the greatest number of ballots
				in the original election; provided that in the event there was a tie in the
				original election between the third and fourth choices or among the third,
				fourth and other choices, the Director shall in the runoff election include on
				the ballot all such tied choices. In the event two or more choices receive the
				same number of ballots, and if either (1) there are no challenged ballots which
				would affect the results of the election, or (2) after all challenges have been
				disposed of it is found that all eligible voters have cast valid ballots, there
				shall be no runoff election and the petition shall be dismissed. Only one such
				further election pursuant to this subsection (d) may be held.
(e) The provisions of Section
				93070 above shall be applicable to
				a runoff election.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4 and Appendix
					 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4, 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Secion 9; 29 USC
					 Section 159; and
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4 and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Secion 9; 29 USC
					 Section 159; and
					 29 CFR Sections
					 102.60-102.72.