Ala. Admin. Code r. 800-1-3-.05

Current through Register Vol. 42, No. 10, July 31, 2024

Section 800-1-3-.05 - Election Procedures

(1) Written nominations for vacant positions must be received by December 15.

(2) Nomination for a place on the ballot shall require the signature of at least fifty (50) petitioners, each of whom shall be an active or retired member of the Teachers' Retirement System.

(3) The Board of Control Election Subcommittee of the Teachers' Retirement System shall certify that a nominee is eligible for a place on the official ballot.

(4) The chairman of the Teachers' Retirement System Board of Control shall appoint a three member subcommittee from the Board of Control as an Election Committee to oversee the election. Members of the Board of Control seeking election for a position on the Board of Control shall not be eligible for membership on the Elections Committee.

(5) The president of the employee organization having the largest number of members who contribute to the Retirement System in a school, system or agency shall receive the official ballots from the Teachers' Retirement System and shall be responsible for conducting the election in his/her area according to the procedures and practices established for the election by the Board of Control of the Teachers' Retirement System. Ballots will be sent to the institution head in all four year institutions except where the association represents the majority, and it will be up to the president of the local association to certify to the secretary-treasurer that the ballots should come to him/her; otherwise, they will go to the institution president. Ballots will also be sent to the State Superintendent of Education to conduct the election for the State Department of Education unless the president of the local association representing the majority of the department's employees certifies to the secretary-treasurer that the ballots should come to him/her.

(6) A runoff will be held in the event no candidate receives a majority of the votes cast. The two candidates with the most votes shall be placed on the ballot for the runoff. The runoff shall be conducted in the same manner as the primary.

(7) A candidate may withdraw his or her name from the ballot by submitting a written request to the secretary- treasurer anytime prior to the ballots being printed.

(8) Definitions:

(a) Active Member - person currently contributing to the Teachers' Retirement System;

(b) Retired Member - person who was formerly an active member and currently on the Teachers' Retirement System payroll;

(c) Voters - members, as defined above, vote for any position regardless of their present status;

(d) Petitioner - eligible voter as defined above;

(e) Term of Office - the term of office begins on July 1 and is for a period of three (3) years except in the case of an appointment for an unexpired term which shall be for the balance of the term;

(f) Challenge - any challenge to the election must be filed in writing with the chairman of the Teachers' Retirement System within 15 days after the close of any election. The close of the election is defined as 5:00 p.m. on the last day that voted ballots and certified results, delivered by hand, are accepted in the Teachers' Retirement System office as specified in the "Election Rules and Voting Instructions" published by the Board of Control. Any challenge shall be treated as any other appeal to the Board;

(g) Certification of Election - after the close of the election at the appropriate time, the Elections Committee, after the official canvass, shall certify to the Board the results of the election;

(h) Nominations - the Board of Control will announce and make public the positions to be filled on the Board of Control by September 1;

(i) Elections Committee - a three member subcommittee for the Board of Control of the Teachers' Retirement System, none of which is seeking office in this election, appointed by the chairman of the Board of Control of the Teachers' Retirement System.

Author: William T. Stephens, General Counsel, RSA.

Ala. Admin. Code r. 800-1-3-.05

Filed September 30, 1982; effective October 1, 1982.

Statutory Authority:Code of Ala. 1975, § 16-25-19(h).