1. (a) The board of directors, before holding an election or other vote by the membership that utilizes an electronic device, absentee ballot, or mail ballot, shall establish written election rules, including procedures to: control, tabulate and retain ballots; capture invalid ballots; and handle disputed election results and tie votes.
2. (b) The use of an electronic device, absentee or mail ballot by any credit union shall ensure fair and equitable opportunity for any qualified member to seek office, including a provision for nomination by petition, and providing the appropriate notice and information to all members.

3. (c) Any elections or other vote held by electronic device or mail ballot are subject to the following conditions:

   1. (1) The election tellers shall be appointed by the board of directors;
   2. (2) At least 30 days prior to the annual or special meeting, the board of directors will cause either a printed ballot or notice of a ballot, along with appropriate instructions, to be mailed to all members eligible to vote;
   3. (3) Ballots must be received no later than midnight 5 calendar days prior to the annual or special meeting;
   4. (4) The votes will be tallied by the tellers and the results of the vote will be made public at the annual or special meeting.
4. (d) In the event of a malfunction of the electronic balloting system, the board of directors may in its discretion order elections or other vote to be held by mail ballot only. The board may make reasonable adjustments to the voting time frames in subsection (c) of this section, or postpone the annual or special meeting if necessary, to complete the elections prior to the annual or special meeting.

Source Note:The provisions of this §91.302 adopted to be effective August 15, 1984, 9 TexReg 4270; amended to be effective July 8, 1994, 19 TexReg 4929; amended to be effective November 13, 2000, 25 TexReg 11278; amended to be effective November 14, 2004, 29 TexReg 10253.