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

Universal Citation: 120 RI Code of Rules 00 00 1.5

Current through September 18, 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.

1.5.2 Special Elections

A. Date of Election

A special election will be held within seventy (70) days of a Board vacancy.

B. Notice of Election

A notice of intent to hold an election to seat a vacancy on the Board shall be sent by regular mail to each eligible member. Additional notices will be made available for posting in various State and municipal agencies, schools, and related public offices within ten (10) days of such vacancy. 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 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 their respective group or be a candidate for election. 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.

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.

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 forestall reproduction of unofficial 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 next available Board meeting.

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 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 a 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) elections 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 name 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.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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