1. (2) 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.
2. (b) A candidate 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 three (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.
3. (c) Upon a request for a recount, the election coordinator shall determine the estimated cost to conduct the recount. The estimated cost of conducting a recount shall 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 in 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 (3) business days following notification by the election coordinator of the estimated cost to conduct the recount, or the recount shall be terminated.
4. (d) The election coordinator shall set a tentative date for the recount upon receipt of the written request and shall confirm the date upon receipt of the estimated cost to conduct the recount.
5. (e) The certified results shall stand as the final election results if the results of the recount do not change the ranking of the candidates. 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.
6. (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.

(a)(1) A candidate may file a written request with the election coordinator for recount within ten (10) business days following the distribution of the certified election results. If a request for recount is not received within ten (10) business days, the certified election results shall stand as the final results.

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

2. Amendment of section and Note filed 1-5-2026; operative 1-1-2026. Exempt from the APA and OAL review pursuant to Education Code section 22200.5(c) and submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2026, No. 2).