N.Y. Education Law § 505-a: Election of retired teacher member of board

§ 505-a. Election of retired teacher member of board. 1. Election of

retired teacher member. An election shall be held during the month of

October, nineteen hundred ninety-three, and thereafter during the month

of October immediately preceding the expiration of a term in office as

prescribed in this section, for the purpose of electing the retired

teacher member of the retirement board from among the retired members of

the retirement system. All retired members of the retirement system who

are retired as of October first in the year in which such election is

held shall be eligible to vote. Such election shall be by secret ballot

held in accordance with the provisions of this section and such rules

and regulations as may be adopted by the retirement board. A retired

teacher member elected to the retirement board pursuant to the

provisions of this section shall serve for a term of three years

commencing on the first day of January next following said election.

2. Nominations. Nominations of candidates for the position of retired

teacher member of the retirement board shall be by petition on forms

provided pursuant to this subdivision. The retirement board shall

prepare printed forms for nominating petitions for candidates for the

office of retired teacher member of the retirement board. Such forms

shall be available to retired members of the retirement system not later

than July first of a year in which an election is to be held. Each

candidate's petition shall be signed by not less than one hundred

retired members of the retirement system and shall be filed with the

retirement board not later than August fifteenth in such year. Each such

petition shall contain the position and term of office, together with

the name and address of the candidate, and shall also contain the name

and address of the retired member of the retirement system who shall be

the alternate candidate in the event of a vacancy caused by the death,

disability, disqualification or withdrawal of the candidate occurring

prior to the election. Each petition shall be accompanied by a notarized

written acceptance of the nomination by the candidate named in the

petition and by a notarized written statement of the retired member

named as alternate candidate that, in the event of the death,

disability, disqualification or withdrawal of the candidate prior to the

election or in the event of the death, disability, disqualification or

resignation of the candidate from the position of retired teacher member

of the retirement board following election, he or she will accept the

nomination or serve on the retirement board in such a contingency. The

retirement board shall implement one mailing for each qualified

candidate that so requests and makes payment therefor prior to the time

of mailing by bank or certified check. The board shall establish

procedures to merge mailings for more than one qualified candidate in

order to reduce postage costs and for administrative convenience if each

affected candidate approves. Nothing in this subdivision or in this

section shall be construed to impair existing law preserving the

confidentiality of the home addresses of retirees of the retirement

system.

3. Election procedures. Such election shall be in the form of a mail

referendum with appropriate provisions, such as the use of double

envelopes, made to insure that the identity of the individual retired

members will not be disclosed as their marked ballots are submitted and

counted. The retirement board shall prepare and mail a ballot and

instructions for voting to each eligible retired member by first class

mail not earlier than October first and not later than October

fifteenth. The names of candidates and alternate candidates listed on

the ballot shall be in the order in which the petitions are filed with

the retirement board. The ballots shall be such that they may be machine

counted. Such ballots shall be returned to the address within the state

of New York designated by the retirement board and shall be postmarked

not later than October thirty-first. Notwithstanding the foregoing, the

retirement board may by resolution establish an alternative procedure

for the conduct of an election pursuant to this section by electronic,

telephonic or other means which provide comparable security and

convenience for voting by retired teacher members.

4. Board of elections. At the time of filing a petition or not later

than September fifteenth, each candidate shall appoint two active or

retired members of the retirement system to a board of elections. Such

board of elections shall consist of such appointees of the candidates

and one member of the retirement system named by the president of the

retirement board, who shall act as its chairman. Members of the board of

elections shall not themselves be candidates or alternate candidates.

Such board of elections shall supervise the election. Such board of

elections shall meet at the location within the state designated by the

retirement board at one o'clock in the afternoon on the second Monday in

November to certify the election of the candidate receiving the largest

number of valid votes cast. The retired member so elected shall be

notified of such election by the chairman of the board of elections

within five days of such certification. The ballots shall be kept in

the custody of the retirement board for at least ninety days after such

certification. Members of the board of elections shall be reimbursed by

the retirement board for reasonable expenses actually incurred, in

accordance with rules and regulations adopted by the retirement board.

5. Special election. In the event that no candidate can be certified

as having won the election as the result of a tie vote, then the board

of elections shall order a special election with the ballot containing

only the names of such candidates with a tie vote. Such special election

shall be conducted in the same general manner as the regular election.

Ballots shall be mailed during the month of November as soon as

reasonably practical after the tie vote has been determined and shall be

returned to a location within the state designated by the retirement

board, postmarked no later than the fourteenth day of December. The

board of elections shall meet at the location within the state

designated by the retirement board on a mutually selected date prior to

January first to certify the election of the candidate receiving the

largest number of valid votes cast.

6. Suspension of election. In the event that only one candidate is

nominated, then no election shall be held and such candidate shall be

deemed to be elected effective at the same time as if an election had

been held.

7. Vacancies. A vacancy occurring during the term of a retired teacher

member of the retirement board shall be filled by the retired member who

was the alternate candidate at the time such retired teacher member was

last elected to the board. In the event that such alternate candidate

has died, become disqualified, or is unwilling or unable to serve or in

the event that the alternate candidate dies, is disqualified, becomes

disabled, or resigns after entering upon the position of retired teacher

member of the retirement board, then the vacancy shall be filled by the

concurrent appointment of a successor from among the retired members of

the system by the members of the retirement board who were elected from

among the active members of the retirement system. Such alternate

candidate or such appointee, as applicable, shall serve out the

unexpired term of the retired teacher member.

8. Certain expenses of alternate candidate. The retired member who was

the alternate candidate at the time a retired teacher member was last

elected to the position of the retired teacher member of the retirement

board shall be entitled to be reimbursed from the expense fund for

actual and necessary expenses incurred in connection with attendance at

the annual meeting and stated meetings of the retirement board pursuant

to subdivision one of section five hundred six of this article.