Alabama Administrative Code
Title 800 - RETIREMENT SYSTEMS OF ALABAMA
Chapter 800-2-3 - BOARD OF CONTROL
Section 800-2-3-.03 - Election Procedures

Universal Citation: AL Admin Code R 800-2-3-.03

Current through Register Vol. 42, No. 11, August 30, 2024

(1) The Board of Control shall develop election procedures for the retired employee position and such procedures shall be reviewed periodically upon recommendation of the secretary-treasurer.

(2) The secretary-treasurer shall announce the vacancy for the retired state employee position on the Board of Control by June 1 of each election year.

(3) The election shall be conducted in time to allow the newly elected member to take office on October 1 of each election year.

(4) Nomination for a place on the ballot shall require the signatures of at least 15 petitioners.

(5) Written nominations for the position must be received in the Employees' Retirement System office by July 15 of each election year.

(6) A candidate may withdraw his or her name from the ballot by submitting to the secretary-treasurer, prior to the printing of the ballots, a written request to have his or her name removed from the ballot.

(7) The secretary-treasurer shall establish the date on which all official ballots must be returned to the Employees' Retirement System, provided said date shall not be less than ten days after the date on which the ballots were mailed.

(8) The secretary-treasurer shall oversee the election process and shall appoint three members of his staff to canvass the votes and certify to the Board the results of the election.

(9) An audit committee shall be appointed to audit and certify the results of the election.

(10) A runoff election shall be held in the event no candidate receives a majority of the votes cast and shall be conducted in the same manner as the regular election. The two candidates with the most votes shall be placed on the ballots for the runoff.

(11) An election challenge must be filed in writing with the secretary-treasurer of the Employees' Retirement System within 15 days of the close of the election. A challenge shall be treated as any other appeal to the Board.

(12) Definitions.

(a) Retired Member - a person who was formerly an active member and who is currently on the Employees' Retirement System retirement payroll;

(b) Voter - a person who was formerly an active member of the Employees' Retirement System but who is currently a retired member;

(c) Petitioner - an eligible voter who signs a member's petition for nomination for a place on the Employees' Retirement System Board of Control;

(d) Term of Office - the term designated by statute is three years. Each term begins October 1 and expires September 30 of the appropriate year, except in the case of appointment for an unexpired term which shall be only for the remainder of the unexpired term;

(e) Challenge - the procedure through which the results of an election may be disputed;

(f) Certification of Election - the procedure through which election results are certified to the Board of Control members by three staff members appointed by the secretary- treasurer to canvass the votes;

(g) Nomination - the procedure through which a member's name is placed on the official ballot for election to the retired state employee position on the Employees' Retirement System Board of Control;

(h) Close of Election - 5:00 p.m. on the last day that ballots are accepted in the Employees' Retirement System office.

Author William T. Stephens, General Counsel, RSA.

Statutory Authority: Code of Ala. 1975, § 36-27-23(g).

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