5 CCR s 24007

Cal. Admin. Code tit. 5, s 24007

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
This database is current through 02/09/07, Register 2007, No. 6
s 24007. Recount of an Election.

(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.

Note: Authority cited: Section 22200.5, Education Code.
Reference: Section 22200, Education Code.

HISTORY

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).

5 CCR s 24007, 5 CA ADC s 24007
1CAC

5 CA ADC s 24007

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