1. (a) A candidate may protest an election by filing a written protest with the election coordinator within ten (10) business days following the mailing of the certified election results for an election or a recount; otherwise, there shall be no opportunity for filing a protest, and the certified election results shall stand as the final election results. The written protest shall be identified using the word “protest” and shall:

   1. (1) Specify the election to be protested;
   2. (2) State the grounds of the protest and suggested remedy;
   3. (3) Specify any other relevant material to be examined that the candidate deems necessary; and
   4. (4) Be signed by the candidate submitting the protest.
2. (b) The filing of a protest 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 protest. Any newly elected member, as the result of a protest, shall hold office for a period equal to the remainder of the term of the vacated office.
3. (c) Upon receipt of a valid and timely protest, the election coordinator shall send a copy of the request to all candidates in the election and notify the board and, upon request, other interested parties that a protest has been filed.

4. (d) An ad-hoc committee of the board consisting of an odd number of members, no fewer than three (3), shall determine what remedy, if any, shall be granted to the candidate filing the protest. No board member who is a candidate in the election under protest, or has endorsed a candidate in the election under protest, may become a member of the committee or participate in its selection. The ad-hoc committee shall be determined as follows:

   1. (1) The board chairperson shall appoint board members to the committee. If the board chairperson is a candidate or has endorsed a candidate in the election under protest, the board vice chairperson shall appoint board members to the committee. If the board vice chairperson is a candidate or has endorsed a candidate in the election under protest, the board shall appoint, from its remaining membership, members to the committee at its next regularly scheduled meeting.

   2. (2) If a minimum of three (3) board members are not eligible to participate on the ad-hoc committee, or if a majority of the full board, excluding candidates but including endorsers of candidates so directs, the protest shall instead be determined by a panel of three (3) arbitrators. In accordance with the laws of the State of California and the Labor Arbitration rules of the American Arbitration Association (AAA) in effect at the time, to the extent the AAA rules are not in conflict with these regulations, the panel of three (3) arbitrators shall be determined as follows:

      1. (A) One (1) member of the panel shall be selected by the protesting candidate;
      2. (B) One (1) member of the panel shall be selected by the successful candidate; and
      3. (C) The third member, who shall serve as chair, shall be selected by the first two (2) panel members.
5. (e) The committee or arbitration panel may consider written and/or oral arguments submitted by the candidate filing the protest and any other interested party, in making its determination. Any oral proceedings by the committee or arbitration panel shall be held in the board's meeting room and be open to the public. Other procedures, including those for receiving and considering arguments and factual allegations, shall be determined by the committee or arbitration panel in its sole discretion.
6. (f) The committee or arbitration panel shall declare the election under protest void, and the position vacant, only upon a finding that board-adopted election procedures were not substantially followed and that, without this lack of substantial compliance, the election outcome would likely have been different.
7. (g) The determination of the committee or arbitration panel shall be rendered within thirty (30) calendar days of its appointment and shall be final and binding on the system and candidates for office.

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).