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TITLE 34PUBLIC FINANCE
PART 4EMPLOYEES RETIREMENT SYSTEM OF TEXAS
CHAPTER 63BOARD OF TRUSTEES
RULE §63.4Election of Trustees (Ballot)

(a) The order of the names on the ballot shall be established by drawing at a time and setting determined by the system. Each candidate or the candidate's representative may attend the drawing.

(b) Each candidate must submit the information requested by the system for presentation on the ballot. Such information may include:

  (1) name as it is to appear on the ballot;

  (2) current title and position as a state employee;

  (3) name and address of employing state agency; and

  (4) any other information the system determines may be helpful to the electorate.

(c) In addition to the information described in subsection (b) of this section, each candidate must provide a statement of qualifications, a description of the candidate’s position on system-related issues (250 words or less), and any additional information requested by the system. This information shall be made available to the electorate through a special election newsletter devoted to the election process. This special edition of the newsletter 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. Balloting may be conducted electronically or in combination with a printed ballot.

(e) The system or the election administrator shall make ballots available to eligible voters. Upon the request of a candidate, the system or the election administrator shall provide the candidate with 500 ballots without preprinted names.

(f) The system or the election administrator shall provide a 24-hour toll-free telephone number that eligible voters may use to request a printed ballot.

(g) Electronic ballots must be completed and submitted to the system or the election administrator in accordance with the instructions provided with each ballot.

(h) The system or the election administrator shall disqualify any ballot that does not meet the requirements specified in the instructions provided with the ballot.

(i) The board or the board’s designee shall certify election results. If only one candidate is eligible to be presented on the ballot, the board or the board's designee may certify the candidate without an election.


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; amended to be effective September 18, 2002, 27 TexReg 8773; amended to be effective January 5, 2005, 29 TexReg 12234; amended to be effective December 7, 2008, 33 TexReg 10047; amended to be effective March 14, 2016, 41 TexReg 1859; amended to be effective December 28, 2020, 45 TexReg 9573; amendedtobe effective June 16, 2021, 46 TexReg 3615; amended to be effective December 27, 2021, 46 TexReg 9059

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