New Mexico Administrative Code › Title 2 - PUBLIC FINANCE › Chapter 80 - PUBLIC EMPLOYEES RETIREMENT › Part 200 - ORGANIZATION AND OPERATION OF THE PUBLIC EMPLOYEES RETIREMENT BOARD › Section 2.80.200.80 - ELECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The call of the annual meeting and secret election ballots
				  shall be mailed at least 30 days prior to the annual meeting of the
				  association. Mailed ballots shall be returned to a designated United States
				  post office locked box and picked up by the election committee or an
				  independent contractor hired by PERA to assist with the election. To be
				  counted, ballots must be returned to the designated United States post office
				  locked box by 12:00 noon on the date set by the association. The call of the
				  annual meeting and secret election ballots may also be made available at least
				  30 days prior to the annual meeting of the association online via a secure
				  website maintained by an independent contractor hired by PERA to assist with
				  the election or by another method specified in the resolution adopted by the
				  board each January. To be counted, online ballots or votes cast by another
				  approved method must be received by 12:00 noon on the date set by the
				  association. An independent contractor hired by PERA to assist with the
				  election shall assign unique identifiers to members to prevent voting more than
				  one ballot per eligible member.
A.
				Each ballot shall contain an affirmation of the member's eligibility to
				vote.
B. Ballots shall be
				self-proving and shall be counted by the election committee or an independent
				contractor hired by PERA to assist with the election. The candidate receiving
				the greatest number of votes shall be declared the winner for each position. In
				the event of a tie, the election committee may recommend to the board a method
				to name the winner and the board shall select by lottery or similar method the
				name of the winner. The election committee or an independent contractor hired
				by PERA to assist with the election shall report the results of the election to
				the membership at the annual meeting.
C. Members whose ballots have not been
				delivered to them may request and receive another ballot if the original ballot
				is returned by the United States post office undelivered to PERA or an
				independent contractor hired by PERA to assist with the election prior to the
				close of the election. Members whose ballots have been mutilated or spoiled may
				request and receive another ballot when, prior to the close of the election,
				the original mailed ballot is returned by the member to PERA or an independent
				contractor hired by PERA to assist with the election. In addition, PERA or an
				independent contractor hired by PERA to assist with the election may assign
				unique identifiers to members and issue replacement ballots using procedures to
				prevent voting more than one ballot per eligible member.
D. If the election committee or an
				independent contractor hired by PERA to assist with the election recommends for
				good cause that the results of the election be invalidated, and the board
				adopts such recommendation, a new election shall be held as soon as possible
				thereafter and the annual meeting at which the election results are announced
				shall be continued until completion of the new election.
E. Insignificant departures from the
				requirements set forth in these regulations pertaining to the conduct of
				elections shall not invalidate the election unless the results of the election
				are proven to have been substantially affected.
F. A member shall be considered to be
				"qualified" for office pursuant to Subsection D of Section
				10-11-130 NMSA 1978 when the board
				has accepted the election results and the newly-elected member has been sworn
				into office.