Los Angeles Municipal Code § 23.39 Elections: General

All elections shall be by secret ballot and shall be conducted by the City Clerk. The Los Angeles City Employees’ Retirement System (System) shall reimburse the City Clerk for all necessary expenses incurred in the administration of employee member elections.

The regular election shall be held in April of any year in which the term of office for an employee member of the Board expires.

Eligible voters shall be only those employees of the City of Los Angeles who are members of the System on election day. The General Manager of the System shall provide to the City Clerk a primary roster, in alphabetical order, of eligible voters as of 30 days prior to an election. The roster shall contain the name, address, and last four digits of the social security number of each eligible voter. The General Manager of the System shall provide to the City Clerk, on the date of the election, a supplemental roster of voters who have retired, resigned or otherwise lost their status as an employee with membership in the System within 30 days of the election, together with the last four digits of their social security numbers. All rosters shall be certified and electronically transmitted in a format conducive to assisting the City Clerk with the mailing of election materials.

SECTION HISTORY

Added by Ord. No. 178,442, Eff. 4-15-07.

Only members of the System who have been nominated as provided in this article shall be eligible to have their names placed on the ballot. Nominating petitions shall be furnished by the Board. These petitions shall be in substantially the following form:

NOMINATING PETITION FOR CANDIDATE FOR THE BOARD OF ADMINISTRATION OF THE LOS ANGELES CITY EMPLOYEES’ RETIREMENT SYSTEM We, the undersigned, hereby certify, each for themself and not one for the other, that we are members of the Los Angeles City Employees’ Retirement System, and collectively we hereby nominate ______________ (insert name as it will appear on the ballot), a member of the System, for the office of employee member of the Board of Administration of the Los Angeles City Employees’ Retirement System for the term beginning July 1, 2____, and ending June 30, 2____.

If this is a special election to fill an unexpired term, the petition shall be modified at the end to read instead: “…for the remainder of the unexpired term ending June 30, 2_____.”

Beneath the foregoing, and in columnar form, space shall be provided for the signature of each nominator, the department in which each nominator is employed, and the date on which the petition is signed by the nominator. Each person signing a petition shall write the person’s name, department, and the date of signing. Space shall be provided on each petition for one hundred signatures and two, and only two, petitions shall be available for each candidate at the office of the System each year in which the term of office of an employee member of the Board expires.

In order to qualify for a place on the election ballot, the petitions shall be signed by no fewer than 100 employees nor more than 200 employees who are members of the System and shall be filed in the office of the System no later than 5 p.m. on a date to be established by the System that is within two weeks of the date that petitions are first made available to candidates. The City Clerk shall verify that those persons signing the petitions were members as of the date of signing, and shall certify the sufficiency or insufficiency of each petition, and shall so notify the nominated members by registered mail.

Along with the submission of the signed petitions, interested candidates have the option to include an occupational ballot designation and a 250-word typewritten statement of qualifications for office for the provision of information to the electorate. The occupational ballot designation shall be printed on the ballot immediately under that candidate’s name and shall consist of a three-word designation of either (a) the current principal profession, vocation or occupation of the candidate, or (b) the principal profession, vocation or occupation of the candidate during the calendar year immediately preceding the filing of the candidate’s nominating petition. The standards for occupational ballot designations contained in the City’s Election Code are to be applied by the City Clerk as applicable, except that a candidate who is running for an elective office, which that person currently holds, shall have “(Incumbent)” printed on the ballot, immediately after that person’s name, in addition to the candidate’s occupational ballot designation. The statement of qualifications for office may include information on education, work experience, years of service, and other relevant qualifications and shall not exceed 250 words in length. Qualification statements that are submitted by the due date will be printed by the City Clerk and mailed with the ballot at no expense to the candidate. The Board shall provide a disclaimer stating that neither the Board nor the City Clerk has verified the accuracy of the information contained in the candidates’ qualification statements. Should any candidate fail to submit an occupational ballot designation or a statement of qualifications by the specified due date, the appropriate sections for the occupational ballot designation and qualification statement will be blank.

Prior to the election, the City Clerk shall conduct a public drawing of the letters of the alphabet. The order in which the letters are drawn shall constitute the random alphabetical order by which the surnames of the candidates shall be arranged on the ballot. The term “surname”

shall mean the name borne in common by members of a family for this purpose. Each ballot shall contain the names of all candidates who have qualified in accordance with this section. There shall be a blank space beneath these names in which the voter may write the name of any employee member of the System not printed on the ballot and for whom the voter may wish to vote.

SECTION HISTORY

Added by Ord. No. 178,442, Eff. 4-15-07.

Not more than 90 nor fewer than 60 calendar days prior to the regular election, the Board shall notify the City Clerk and the General Manager of the Personnel Department of the fact of the election. Not more than 30 nor fewer than 20 calendar days prior to the regular election, the Board shall have prepared a Notice of Election specifying the election date, a sample ballot containing the name of each candidate who has qualified for a place on the election ballot, rules concerning eligibility to vote, and any additional information and instructions the City Clerk determines are appropriate. A copy of the notice and sample ballot shall be posted in the Office of City Clerk.

SECTION HISTORY

Added by Ord. No. 178,442, Eff. 4-15-07.

Candidates whose names appear on the election ballot may each designate no more than two observers at the tally center to observe that ballots are properly cast and votes are properly counted. In addition to these designated observers, candidates may also observe. Names of all observers, including any candidates who desire to attend, shall be presented to the City Clerk no less than three calendar days prior to the election. Designated observers shall wear identification badges at all times and shall be subject to regulations the City Clerk shall prescribe.

SECTION HISTORY

Added by Ord. No. 178,442, Eff. 4-15-07.

The City Clerk shall mail a ballot packet for the election to each eligible voter listed on the roster supplied by the System. The mailing shall be completed no less than ten calendar days prior to the date of election.

Employees who become members of the System within 30 calendar days prior to an election and who wish to vote in that election shall present themselves in the office of the City Clerk no earlier than seven calendar days prior to and no later than 5:00 p.m. of the day of the election with a certificate from the Personnel Department on a form approved by the City Clerk verifying the fact of their eligibility to vote. The City Clerk shall allow these members to vote.

Each ballot packet mailed or provided to voters shall consist of the following items:

1. A mailing envelope;

2. A return envelope;

3. The official ballot;

4. An identification envelope for the official ballot with space for the voter to affix the voter’s name, mailing address, last four digits of the social security number, signature, and date of signing;

5. A list of instructions to the voter; and

6. The candidates’ statements of qualifications, if any.

Upon voting the ballot, the voter shall enclose the ballot in the identification envelope. The voter shall then affix the voter’s name, mailing address, last four digits of the voter’s social security number, signature and date of signing on the identification envelope containing the ballot and shall enclose it in the return envelope. The voter shall return the voted ballot to the City Clerk by United States mail or personal deposit. During regular business hours in the seven calendar days preceding the election, but no later than 5:00 p.m. on election day, voters may personally deposit the return envelope containing their ballot in the ballot box in the Office of the City Clerk, Election Division. All ballots shall, in order to be counted, be received by the City Clerk no later than 5:00 p.m. on the date of the election.

Upon receipt of the identification envelope and its contents, the City Clerk shall date stamp the envelope, verify the name and last four digits of the social security number appearing on the envelope with the roster of eligible voters and shall cause the roster to be marked showing that the member has voted. No identification envelope shall be opened prior to the commencement of the tally.

If a voter inadvertently spoils a ballot, the voter may return the spoiled ballot to the City Clerk, who shall furnish the voter with a

replacement ballot. No more than two replacement ballots may be issued to the same voter. Spoiled ballots will be clearly marked “SPOILED” by the City Clerk.

If a voter on the roster claims not to have received a ballot, the voter may receive a replacement ballot from the City Clerk upon filing a signed affidavit claiming non- receipt. The identification envelope of the replacement ballot shall be prominently marked “REPLACEMENT BALLOT” and the original ballot issued to the voter shall be challenged, if received.

SECTION HISTORY

Added by Ord. No. 178,442, Eff. 4-15-07.

The City Clerk may challenge a returned identification envelope on the following grounds:

1. The identification envelope is not properly completed according to the instructions and does not accurately identify the voter;

2. The voter did not include the correct last four digits of the social security number;

3. The voter did not properly sign the identification envelope;

4. The voter’s name does not appear on the roster;

5. The identification envelope was received after the last date and time provided in Section 23.39.4;

6. The voter has retired, resigned, or otherwise lost status as a member of the System within 30 days prior to the election based on information provided by the General Manager of the System;

7. The voter has already turned in an identification envelope.

An authorized observer or the City Clerk, prior to the time that the identification envelope is opened, may challenge the eligibility of any person to vote in the election. Challenges by observers may be made only on the following grounds:

1. The identification envelope was not signed by the person whose name appears on the roster; or

2. The person’s status as an eligible voter has changed since the person was certified by the General Manager of the System.

Each identification envelope that is challenged shall have written on the envelope the word “Challenge”, the reason for the challenge, and the signature of the person imposing the challenge.

The City Clerk shall, with substantiating evidence, sustain or overrule each challenge. Without substantiating evidence being produced within three business days of the election, the challenge shall be overruled and the ballot shall be tallied with the other ballots. Identification envelopes whose challenges have been sustained shall be retained unopened by the City Clerk for a minimum of 90 calendar days after the election results are certified.

SECTION HISTORY

Added by Ord. No. 178,442, Eff. 4-15-07.

The City Clerk shall count ballots in accordance with procedures used by the City Clerk to count ballots for other similar elections. Only the City Clerk may handle ballots. All ballots counted and uncounted shall be kept in view of the observers at all times during the tally and until the Ballot Statement is finally signed.

The identification envelope containing the sealed ballot envelope shall not be opened until the tally is commenced in order to preserve the secrecy of the ballot. At the commencement of the tally, the City Clerk shall audibly announce the name of each voter and shall then open the identification envelope, removing the official ballot. After all identification envelopes have been opened and set aside from the tally area, the City Clerk shall then proceed to count and tally the ballots cast for each choice, laying the ballots face up so that observers may inspect the marks. The count shall continue in this manner until all the ballots are opened and counted. When all ballots have been counted, the total number of votes cast for each candidate shall be entered on the unofficial Tally Results.

If a ballot is torn, defaced, marked in an ambiguous fashion, or is otherwise defective, the City Clerk shall determine whether the intent of the voter can be reasonably determined and, if so, determine it. If intent cannot be reasonably determined or if the ballot directly or indirectly identifies the voter, the ballot shall be declared void by the City Clerk and shall be preserved for a period of 90 calendar days.

After preparing the official Tally Results, the City Clerk shall place under seal all ballots, identification envelopes, and tally sheets, and shall retain them in a sealed condition for no less than 90 calendar days.

SECTION HISTORY

Added by Ord. No. 178,442, Eff. 4-15-07.

The candidate who receives at least 50% plus one of all votes cast shall be elected to the position of employee member.

Should no candidate receive a majority of all votes cast in the initial election, the City Clerk shall cause the names of the two candidates receiving the highest number of votes to be placed on a ballot to be voted on in a run-off election, subject to all rules, regulations, and procedures governing the initial election. The run-off election shall be conducted within 30 calendar days after the date of certification of the initial election.

In the event that two or more candidates at the initial election receive an equal number of votes cast, and the number of votes is sufficient to entitle each of them to appear on the ballot of the run-off election, or in the event that both candidates at the run-off election receive an equal number of votes, then the following procedures shall be used.

In the initial election, if two candidates are tied for the most votes, then both shall be in the run-off election. If more than two candidates are tied for the most votes, then the candidates receiving an equal number of votes shall appear before the City Clerk at the time and place designated by the Clerk and draw lots to determine the top two to be in the run-off election. The City Clerk shall determine the manner in which the lots shall be drawn and, in the event that any candidates involved do not appear, the City Clerk shall act for the absent person or persons in the drawing of the lot. If two or more candidates are tied for the second highest number of votes, then the City Clerk shall use the procedure set forth above to choose the second candidate for the run-off election. Should either or both of the two candidates receiving the highest number of votes at the initial election for any reason cease to be a member of the System prior to the printing of the ballots for a run- off election, the name or names of the candidate or candidates receiving the next highest number of votes shall be printed on the run-off election ballot.

In a run-off election, in the case of a tie, the City Clerk shall determine which person shall be declared elected from the tied candidates by using the procedure set forth above.

SECTION HISTORY

Added by Ord. No. 178,442, Eff. 4-15-07.

In the event that an employee member of the Board has submitted a letter of resignation or the member’s office becomes vacant by virtue of death, retirement, termination of employment, or for any other reason, the City Clerk shall conduct a special election to fill the unexpired term. However, no special election shall be held where there is less than six months remaining before expiration of the term.

The Board shall designate the date of the election. The election shall be held no less than 60 calendar days nor more than 90 calendar days after the submission of the letter of resignation or the receipt of notification of the vacancy. Candidates to be voted on at any special election shall be nominated in the same manner provided above, but the nominating petition shall provide that the nomination is made for the balance of the unexpired term and specify the ending date of that term. Nominating petitions shall be available at the office of the System seven weeks before the date fixed for the election. The special election to fill the unexpired term shall be conducted in the same manner as a regular election, except as otherwise provided in this section.

If any candidate in a special election receives a plurality of all votes cast, the candidate shall be declared by the Board to be elected to the position of employee member for the unexpired term.

In the event that two or more candidates receive an equal number of votes, and no candidate receives more votes, then the candidates receiving an equal number of votes shall appear before the City Clerk at the time and place designated by the City Clerk in order to draw lots to determine which person shall be declared elected. The lots shall be drawn in the manner that the City Clerk shall determine. In the event that any candidate involved does not appear, the City Clerk shall act for the absent person in the drawing of the lot. The candidate who is selected by lot shall be declared by the Board to be elected to the position of employee member for the unexpired term.

SECTION HISTORY

Added by Ord. No. 178,442, Eff. 4-15-07.

The City Clerk shall within 14 calendar days after the date of election furnish to the Board the official certified results of the election.

SECTION HISTORY

Added by Ord. No. 178,442, Eff. 4-15-07.

Any interested person may challenge any proceeding, act or omission that may be material to the election, by written notice to the City Clerk not later than three business days after the count of the ballots. The City Clerk shall review the protests and submit a report of findings and recommendations to the Board with the official certified results within 14 calendar days after the election.

SECTION HISTORY

Added by Ord. No. 178,442, Eff. 4-15-07.