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(Title amended by Ord. No. 178,442, Eff. 4-15-07.)
Section
23.41 Term of Office.
23.42 Elections: General.
23.42.1 Nomination of Candidates.
23.42.2 Notice of Election.
23.42.3 Observers.
23.42.4 Voting Procedures.
23.42.5 Challenges.
23.42.6 Ballot Tally.
23.42.7 Regular Election Results.
23.42.8 Special Election.
23.42.9 Certification and Report of Results.
23.42.10 Protests.
23.43 Rules and Regulations.
All elections shall be by secret ballot and shall be conducted by the City Clerk. The Los Angeles City Employees’ Retirement System (System) shall reimburse the City Clerk for all necessary expenses incurred in the administration of the retired member election.
The regular election shall be held in April of any year in which the term of office for the elected retired member of the Board expires.
Eligible voters shall be all retired members of the System. The General Manager of the System shall provide to the City Clerk a primary roster, in alphabetical order, of eligible voters as of 90 days prior to an election or a date closer to the election as determined by the City Clerk. The primary roster shall contain the name, address, and last four digits of the social security number of each eligible voter. The General Manager of the System shall provide a supplemental roster to the City Clerk on the date of the election and, if so requested by the City Clerk, on an earlier date if the City Clerk so determines. A supplemental roster shall contain two lists. The first shall list, in alphabetical order, the names of all persons who, since the last roster was generated, have retired and qualified as eligible voters, together with the last four digits of their social security numbers and their addresses. The second shall list, in alphabetical order, the names and last four digits of the social security numbers of all persons who, since the last roster was generated, have died or otherwise lost their status as retired members. All rosters shall be certified and electronically transmitted in a format conducive to assisting the City Clerk with the mailing of election materials.
SECTION HISTORY
Added by Ord. No. 178,442, Eff. 4-15-07.
Only retired members of the System are eligible to be elected to the position of the retired member of the Board. Not more than 90 days nor fewer than 60 days prior to the election, the City Clerk shall mail to all retired members of the System notification that candidates are being sought to run for the position of retired member of the Board. Retired members interested in becoming a candidate must submit a Notice of Intent to run for office in writing to the City Clerk by the due date specified in the notification in order to have their names placed on the ballot.
Along with the submission of the Notice of Intent, interested candidates have the option to include an occupational ballot designation and a 250-word typewritten statement of qualifications for office for the provision of information to the electorate. The occupational ballot designation shall be printed on the ballot immediately under that candidate’s name and shall consist of a three-word designation of either (a) the current principal profession, vocation or occupation of the candidate or (b) the principal profession, vocation or occupation of the candidate during the calendar year immediately preceding the filing of the candidate’s Notice of Intent to become a candidate. The standards for occupational ballot designations contained in the City’s Election Code are to be applied by the City Clerk as applicable, except that, if a candidate is retired from the candidate’s principal profession, vocation or occupation, the candidate may choose, in addition, to have “(Retired)” printed on the ballot immediately after the occupational ballot designation and a candidate who is running for an elective office, which that person currently holds, shall also have “(Incumbent)” printed on the ballot immediately after that person’s name. The statement of qualifications for office may include information on education, work experience, years of service, date of retirement, and other relevant qualifications and shall not exceed 250 words in length.
Interested candidates may submit their candidate package composed of the Notice of Intent to run for office, the optional occupational ballot designation and the optional statement of qualifications to the City Clerk by United States mail. Alternatively, interested candidates may personally deliver their candidate packet to the City Clerk during regular hours in the seven business days preceding the specified due date. In either case, the candidate packet must be received by the City Clerk no later than 5:00 p.m. of the specified due date. Qualification statements that are submitted by the due date will be printed by the City Clerk and mailed with the ballot at no expense to the candidate. The Board shall provide a disclaimer stating that neither the Board nor the City Clerk has verified the accuracy of the information contained in the candidates’ qualification statements. Should any candidate fail to submit an occupational ballot designation or a statement of qualifications by the specified due date, the appropriate sections for the occupational ballot designation and qualification statement will be blank.
Prior to the election, the City Clerk shall conduct a public drawing of the letters of the alphabet. The order in which the letters are drawn shall constitute the random alphabetical order by which the surnames of the candidates shall be arranged on the ballot. The term “surname” shall mean the name borne in common by members of a family for this purpose. Each ballot shall contain the names of all candidates who have qualified in accordance with this section. There shall be a blank space beneath these names in which the voter may write the name of any retired member of the System not printed on the ballot for whom the voter wishes to vote.
SECTION HISTORY
Added by Ord. No. 178,442, Eff. 4-15-07.
Not more than 90 days nor less than 60 calendar days prior to the regular election, the Board shall notify the City Clerk of the fact of the election, and cause a nominating package, which includes an Election Information flyer and a Notice of Intent form, to be mailed by the City Clerk to all retired members. Not more than 30 nor less than 20 calendar days prior to the regular election, the Board shall cause to be prepared a Notice of Election specifying the election date, a sample ballot containing the name of each candidate who has qualified for a place on the election, rules concerning eligibility to vote, and any additional information and instructions as the City Clerk determines. A copy of the notice and sample ballot shall be posted in the Office of City Clerk.
SECTION HISTORY
Added by Ord. No. 178,442, Eff. 4-15-07.
Candidates whose names appear on the election ballot may each designate no more than two observers at the tally center to observe that ballots are properly cast and votes are properly counted. In addition to these designated observers, candidates may also observe. Names of all observers, including any candidates who desire to attend, shall be presented to the City Clerk no less than three calendar days prior to the election. Designated observers shall wear identification badges at all times and shall be subject to regulations the City Clerk shall prescribe.
SECTION HISTORY
Added by Ord. No. 178,442, Eff. 4-15-07.
The City Clerk shall mail a ballot packet for the election to each eligible voter listed on the roster provided by the System. The mailing shall be completed no less than ten calendar days prior to the date of election.
Persons who retire too late to be sent a ballot packet and who wish to vote in the election shall present themselves in the office of the City Clerk no earlier than seven calendar days prior to and no later than 5:00 p.m. of the day of the election with a certificate from the System on a form approved by the City Clerk verifying the fact of their eligibility to vote. The City Clerk shall allow these members to vote.
Each ballot packet mailed or provided to voters shall consist of the following items:
1. A mailing envelope,
2. A return envelope,
3. The official ballot,
4. An identification envelope for the official ballot with space for the vote to affix the voter’s name, mailing address, last four digits of the social security number, signature, and date of signing,
5. A list of instructions to voter, and
6. The candidates’ statements of qualifications, if any.
Upon voting the ballot, the voter shall enclose the ballot in the identification envelope. The voter shall then affix the voter’s name, mailing address, last four digits of voter’s social security number, signature and date of signing on the identification envelope containing the ballot and shall enclose it in the return envelope. The voter shall return the voted ballot to the City Clerk by United States mail or by personal deposit. During regular business hours in the seven calendar days preceding the election, but no later than 5:00 p.m. on election day, voters may personally deposit the return envelope containing their ballot in the ballot box in the Office of the City Clerk, Election Division. All ballots shall, in order to be counted, be received by the City Clerk no later than 5:00 p.m. on the date of the election.
Upon receipt of the identification envelope and its contents, the City Clerk shall date stamp the envelope, verify the name and last four digits of the social security number appearing on the envelope with the roster of eligible voters and shall cause the roster to be marked showing that the member has voted. No identification envelope shall be opened prior to the commencement of the tally.
If a voter inadvertently spoils a ballot, the voter may return the spoiled ballot to the City Clerk, who shall furnish the voter with a replacement ballot. No more than two replacement ballots may be issued to the same voter. Spoiled ballots will be clearly marked “SPOILED” by the City Clerk.
If a voter on the roster claims not to have received a ballot, the voter may receive a replacement ballot from the City Clerk upon filing a signed affidavit claiming non-receipt. The identification envelope of the replacement ballot shall be prominently marked “REPLACEMENT BALLOT” and the original ballot issued to the voter shall be challenged, if received.
SECTION HISTORY
Added by Ord. No. 178,442, Eff. 4-15-07.
The City Clerk may challenge a returned identification envelope on the following grounds:
1. The identification envelope is not properly completed according to the instructions and does not accurately identify the voter;
2. The voter did not include the correct last four digits of the social security number;
3. The voter did not properly sign the identification envelope;
4. The voter’s name does not appear on the roster;
5. The identification envelope was received after the last date and time provided in Section 23.42.4;
6. The voter was reinstated as an active member, has died or otherwise lost status as an eligible voter based on information provided by the General Manager of the System;
7. The voter has already turned in an identification envelope.
An authorized observer or the City Clerk, prior to the time that the identification envelope is opened, may challenge the eligibility of any person to vote in the election. Challenges by observers may be made only on the following grounds:
1. The identification envelope was not signed by the person whose name appears on the roster; or
2. The person’s status as an eligible voter has changed since the person was certified by the General Manager of the System.
Each identification envelope that is challenged shall have written on the envelope the word “Challenge”, the reason for the challenge, and the signature of the person imposing the challenge.
The City Clerk shall, with substantiating evidence, sustain or overrule each challenge. Without substantiating evidence being produced within three business days of the election, the challenge shall be overruled and the ballot shall be tallied with the other ballots. Identification envelopes whose challenges have been sustained shall be retained unopened by the City Clerk for a minimum of 90 calendar days after the election results are certified.
SECTION HISTORY
Added by Ord. No. 178,442, Eff. 4-15-07.
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