34 Tex. Admin. Code § 63.4
Election of Trustees (Ballot)
Effective Nov 15, 199823 TexReg 11404Source Note: The provisions of this §63.4 adopted to be effective April 26, 1983, 8 TexReg 1217; amended to be effective November 28, 1990, 15 TexReg 6499; amended to be effective September 29, 1992, 17 TexReg 6373; amended to be effective November 9, 1994, 19 TexReg 8616; amended to be effective November 11, 1996, 21 TexReg 10765; amended to be effective November 15, 1998, 23 TexReg 11404.Texas Secretary of State
- (a) The order of names on the ballot will be set by drawing. All nominated candidates or their representatives are entitled to be present at the drawing.
(b) Qualified candidates must submit within the time frame established by the system the following information for printing on the ballot:
- (1) name as it is to appear on the ballot;
- (2) current classification/exempt title and position as a state employee;
- (3) name of current employing state agency.
- (c) In addition to the information required in subsection (b) of this section, the candidate shall provide, within the time frame provided by the system, his or her state agency mailing address and a statement of qualifications and position on system issues consisting of 200 words or less. This information, in addition to that which will appear on an election ballot, will be made available to the electorate through a special system newsletter devoted to the trustee election process. This special edition of the newsletter will be made available to the electorate at the time of ballot distribution and will describe restrictions on the use of state funds to influence the outcome of any election.
- (d) The system may contract with an election administrator to implement and monitor the election process.
- (e) The system/election administrator will, at least 25 calendar days in advance of the return due date established by the trustees, mail ballots to eligible voters in the manner currently used for distribution of the annual statement of benefits and annuitant correspondence. Each such ballot will contain the printed name of the eligible voter for whose use it is intended. The system/election administrator will, simultaneously, mail 200 ballots without preprinted names to each candidate.
- (f) The system/election administrator will provide a 24-hour toll-free telephone line which eligible voters may use to request their individual ballots if they did not receive their ballots pursuant to subsection (e) of this section. No ballots will be distributed other than as described in this subsection and in subsection (e) of this section.
- (g) All ballots will be returned through the United States Postal Service (postage prepaid by the system) to the system/election administrator. The system/election administrator will not accept ballots delivered in any other manner. All ballots will remain sealed and in a secure location through the return due date established by the trustees.
- (h) Each candidate may designate one person to observe the ballot counting process. No observer will be permitted to see complete ballots which indicate the identity of a voter and voter's candidate selection. No observer will be permitted to challenge the validity of ballots or disrupt the counting process in any way.
(i) The system/election administrator will disqualify all ballots which:
- (1) are from ineligible voters;
- (2) do not contain the signature of the eligible voter;
- (3) fail to accurately reflect the eligible voter's social security number;
- (4) are reproduced;
- (5) are from eligible voters from whom more than one ballot is received;
- (6) fail to clearly indicate the eligible voter's candidate selection; and
- (7) are postmarked after the return due date established by the trustees, provided, however, a ballot that is postmarked on or before the return due date and received within five working days of the due date will be counted.
Source Note:The provisions of this §63.4 adopted to be effective April 26, 1983, 8 TexReg 1217; amended to be effective November 28, 1990, 15 TexReg 6499; amended to be effective September 29, 1992, 17 TexReg 6373; amended to be effective November 9, 1994, 19 TexReg 8616; amended to be effective November 11, 1996, 21 TexReg 10765; amended to be effective November 15, 1998, 23 TexReg 11404.