Rhode Island Code of Regulations › Title 120 - Treasury Department › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Employees' Retirement System of Rhode Island and Municipal Employees' Retirement System Regulations › Section 120-RICR-00-00-1.5 - Rules of Elections to Employees Retirement Board

Current through June 14, 2024
1.5.1
Regular Elections
A. Date of Election
Regular elections will be held in the January preceding the
					 expiration of the elected members' term of office.
B. Notice of Election
A notice of intent to hold elections to seat members of the
					 State employees, teacher, municipal employee and retiree groups shall be sent
					 by regular mail to each member of the system by September
					 15th of the year preceding the election. Additional
					 notices will be made available for posting in various State and municipal
					 agencies, schools, and related public offices. Each such mailing shall be made
					 to the last known address of the member, as provided by the member's employer
					 or the member's data file at the retirement system.
C. Eligibility to Vote and Candidacy
1. Each member, who is an active contributing
				  member of the retirement system on the date of the notice of election, or who
				  has attained maximum service credit and no longer contributes, or who is on a
				  leave of absence status without pay for up to one (1) year, shall be eligible
				  to vote for a candidate of his respective group or be a candidate. An official
				  of a State employee union, municipal employee union, or teacher employee union
				  may also be a candidate for election.
2. Each retired member who is receiving a
				  retirement benefit as of the date of notice of the election shall be eligible
				  to vote for or be a candidate for the retirees' representative to the
				  board.
D. Nomination
				  Papers
1. Each member who wishes to be a
				  candidate for the board from their respective group must file their intent for
				  such office and obtain nomination papers in person from the retirement
				  system.
2. Each candidate must
				  secure at least one hundred (100) valid signatures on such nomination papers
				  and return them to the retirement office as of the date identified within the
				  notice of election. Such date must be between October
				  15th and October 30th of
				  the year preceding the election.
3.
				  The Committee on Elections shall validate such signatures and certify to the
				  Retirement Board that the candidate has qualified for a place on the
				  ballot.
4. Signatures of members
				  appearing more than once on a set of nomination papers are invalid as are
				  signatures of non-members such as a candidate's spouse, family member or
				  beneficiary.
5. In the event that
				  only one (1) retired or municipal candidate qualifies under this section, they
				  shall be deemed elected and no election shall be necessary for that group. If
				  only two (2) active State employees or teachers qualify under this section,
				  they shall be deemed elected and no election shall be necessary.
6. Any candidate who does not qualify because
				  of invalidated signatures will be accorded a hearing by the Elections Committee
				  prior to the printing of ballots.
E. Ballots
1. Upon certification of the qualifying
				  candidates in each respective group, the Committee on Elections or its agent
				  shall have ballots and return envelopes printed in a coded scheme, to
				  differentiate between the respective voting groups.
2. Each ballot shall contain a printer's
				  trademark to prevent the reproduction of non-official ballots, and shall
				  contain a list of the candidates, identification of their department, division,
				  city, town, or school and instructions as to the method of correctly marking
				  the ballot.
3. The order of
				  candidates' names on the printed ballots within each respective group shall be
				  determined by a lottery held at the November board meeting prior to the January
				  election.
F. Distribution
				  and Contents of Ballots
1. Ballots will be
				  mailed to each eligible member to the address on record as of the date of the
				  election notice. Each mailing envelope will contain a ballot, instructions, and
				  a return envelope.
2. Duplicate
				  ballots will be distributed only upon receipt of a written notarized affidavit
				  certifying that the member did not receive a ballot or wishes to exchange a
				  mutilated or erroneously marked ballot.
G. Tabulation of Ballots
On the day following the end of the election, the Committee
					 on Elections or their designated agent shall tabulate the results. Any
					 interested person may attend the tabulation of the ballots. The Committee on
					 Elections shall cause the ballots to be safeguarded in an appropriate place
					 should the tabulation be suspended for any reason.
H. Voided Ballots
1. The following ballots shall be deemed
				  void:
a. Ballots received after deadline
				  date;
b. Ballots delivered in
				  person to the retirement system;
c.
				  Ballots not in an official return envelope;
d. Multiple ballots in single
				  envelope;
e. Ballots torn or
				  mutilated in the ballot area;
f.
				  Ballots containing more than one (1) selection when only one (1) is
				  appropriate; or more than two (2) selections when only two (2) selections are
				  appropriate:
g. Ballots crossed out
				  or erased;
h. Copies or facsimiles
				  of ballots;
i. Ballots with
				  write-in candidates.
2.
				  The Committee on Elections or their agent shall hold voided ballots to be
				  evaluated by the board in the event that they may change the outcome of the
				  election.
I.
				  Explanations, Challenges, and Recounts
Any candidate may request an explanation of voided ballots,
					 challenge ballots, or seek a recount of ballots by making such request to the
					 Chairperson of the Retirement Board in writing by certified mail within
					 seventy-two (72) hours of legal notification of the results of tabulation of
					 ballots, excluding Saturday, Sundays, and holidays.
J. Results of Election and Certification
Upon completion of the tabulation of ballots cast, the
					 Committee on Elections or its agent shall certify to the Board the results and
					 the names of the candidates elected. The Board shall then certify and publish
					 the results.
K. Tie Votes
In the event of a tie vote in any election, the Committee
					 on Elections or its agent shall order an immediate recount of ballots and a
					 review of all voided ballots in that election. If a tie vote still results, the
					 Committee on Elections or its agent shall hold a run-off election between the
					 tied candidates.
L.
				  Destruction of Ballots
The Retirement Board shall keep the ballots cast in each
					 election in sealed cartons for three (3) months following the certification of
					 election, and then destroy them.