2023 LASERS Board of Trustees Election Rules

Title 58 Retirement, Part I. Louisiana State Employees’ Retirement System

Chapter 3.  Election of Active Member Trustees

§301. Eligible Candidates 

1. An active member candidate for a position on the board of trustees must be an active member of the system with at least 10 years of credited service (excluding any military service credit) as of the date on which nominations close. Optional retirement plan participants do not acquire service credit and are prohibited from running for trustee positions by §307 of this Chapter.
2. A participant in the Deferred Retirement Option Plan who has not yet terminated state service and who is still employed by the state is eligible to run as an active member candidate for election to the board of trustees, so long as he qualifies under Subsection A of this Section.
3. A rehired retiree who has selected Option 2 of R.S. 11:416 or Option 2 of R.S. 11:416.1 is eligible to run as an active member candidate for election to the board of trustees, so long as he qualifies under Subsection A of this Section.
4. A disability retiree who has returned to work under either R.S. 11:224 or R.S. 11:225 is eligible to run as an active member candidate for election to the board of trustees, so long as he qualifies under subsection A of this Section.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of Treasury, Board of Trustees of the State Employees’ Retirement System, LR 22:373 (May 1996), amended LR 23:996 (August 1997), LR 25:1278 (July 1999), LR 26:2633 (November 2000), LR 31:946 (April 2005), LR 34:446 (March 2008), LR 37:1614 (June 2011).

§303.    Nomination Process 

1. The board of trustees shall accept the name and final four digits of the Social Security number of every candidate nominated by petition of 25 or more active members of the system and shall place the name of such candidates on the ballot, provided each such candidate meets the requirements for trustee. Those active members signing the petition shall also supply the final four digits of their Social Security number. When returning the nominating petition, the candidate should include his qualifications, platform and photograph for inclusion in the election brochure circulated by LASERS. In years where a special election is held, a candidate shall clearly state in his petition whether he is running for a four-year term or for the unexpired portion of the term that is the subject of the special election.
2. The printed name of those persons signing the nominating petition must be legible for purposes of verification. Unverifiable signatories shall not count toward the required total of 25 and may disqualify the petition.
3. In years where a special election is held, a candidate shall clearly state in his petition whether he is running for a four-year term or for the unexpired portion of the term that is the subject of the special election.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of Treasury, Board of Trustees of the State Employees’ Retirement System, LR 22:373 (May 1996), amended LR 23:996 (August 1997), LR 25:1278 (July 1999), LR 26:2633 (November 2000), LR 31:946 (April 2005), LR 34:446 (March 2008), LR 37:1615 (June 2011).

§305.    Vacancies; Special Elections

1. The board shall appoint a member to fill any active member vacancy created on the board. The appointee shall possess the necessary qualifications under R.S. 11:511 for the active member position. The board may give due consideration to the runners-up in the previous election, if those members are willing to serve and the appointment does not violate law or these regulations.
2. The appointment shall be valid only until January 1 of the year following the next election.
3. When the unexpired term for the vacancy is greater than two years, a special election shall be held to fill the vacancy simultaneous with the election ordinarily held in odd number years. The ballot for the special election may be the same as that used in the regular election. Candidates for four year terms may not also be candidates to complete unexpired terms.
4. The deadlines and procedures for special elections shall be identical to those for elections normally held in years ending with odd numbers.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511, R.S. 11:512 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of the Treasury, Board of Trustees of the State Employees’ Retirement System, LR 22:373 (May 1996), amended LR 23:997 (August 1997), LR 35:271 (February 2009), LR 37:1615 (June 2011).

§307.    Optional Retirement Plan Participants

1. Because optional retirement plan participants do not acquire service credit for purposes of determining eligibility under R.S. 11:511(4), these participants are not eligible to vote in the trustee elections or run for a position on the board of trustees.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of Treasury, Board of Trustees of the State Employees’ Retirement System, LR 26:2633 (November 2000), amended LR 37:1615 (June 2011).

Chapter 4.  Rules Common to the Election of Both Active and Retired Member Trustees

§401.    General Schedule of Elections

1. Elections shall be held in years ending with an odd number.
   1. Three active member trustees shall be chosen in each election and shall serve a four-year term.
   2. Beginning in 1995 and continuing thereafter every four years, two retired member trustees shall be chosen in an election and shall serve a four year term. Beginning in 1997 and continuing thereafter every four years, a single retired trustee shall be chosen in an election and shall serve a four year term.
2. The schedule for elections shall be as follows:
   1. first day in March: nominations shall be opened;
   2. second Tuesday in July: nominations shall be closed. All nominating petitions must be received by the close of business (4:30 p.m. Central time);
   3. Monday following second Tuesday in July: a drawing shall be held to determine candidate positions on a ballot;
   4. fourth Friday in September: the final day that information on candidates and ballots may be mailed;
   5. fourth Friday in October: all ballots or electronic votes must be received by the close of business (4:30 p.m. Central time). No faxed ballots shall be accepted;
   6. Wednesday following fourth Friday in October: all ballots and electronic votes shall be tallied and verified by this date;
   7. regular November meeting: the board shall be presented with the certified ballot count, and if it is accepted, shall authorize publication of results;
   8. January following election: newly elected members receive orientation; oaths shall be taken prior to the regular January meeting.
3. In order to facilitate the election process, in the event of a disaster or emergency declared by executive order or proclamation of the governor, the executive director may change the election schedule. Such a schedule change shall be in effect for a single election cycle only, after which the schedule shall return to that set forth in Subsection B of this Section.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of Treasury, Board of Trustees of the State Employees’ Retirement System, LR 22:373 (May 1996), amended LR 23:996, 997 (August 1997), LR 25:1278 (July 1999), LR 26:2633 (November 2000), LR 33:1151 (June 2007), LR 34:446, 447 (March 2008), LR 37:1615 (June 2011), LR 39:119 (January 2013).

§403.    Receipt of Nominating Petitions

1. Signed nominating petitions will be accepted if received by facsimile or emailed by the date nominations are closed so long as original nominating petitions are received by 4:30 p.m. central time on the first Friday following the close of nominations. If originals are not received by that deadline, the person in whose name they are submitted shall not be qualified as a candidate.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11: 511 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of Treasury, Board of Trustees of the State Employees’ Retirement System, LR 37:1616 (June 2011).

§405.    Election Process

1. Active Members. Ballots or election brochures shall be distributed to each active member by the fourth Friday in September. This includes active members who are not deemed by LASERS to be retired before July 1 of the year in which the election is to take place and participants in the DROP program who have not terminated service.
2. Retired Members. Ballots or election brochures shall be distributed to each retired member by the fourth Friday in September. A member who is deemed by LASERS to be retired before July 1 of the year in which the election is to take place shall be considered a retired member for the purposes of this Section.
3. There shall be a drawing as set forth in LAC 58:I.401 in the retirement systems building, 8401 United Plaza Boulevard, Baton Rouge, LA, to determine the position each candidate shall have on the ballot or election brochure.
4. Each active member may vote for three candidates.
5. Each retiree may vote for two candidates during the election when two retiree members are up for election, but may only vote for one candidate during the election where only one retiree member is up for election. If electronic voting methods are utilized, members shall follow the instructions on the election brochure for registering their votes.
6. If electronic voting methods are utilized, members shall follow the instructions on the election brochure for registering their votes. Votes shall be confidential. Ballots or electronic votes received after the close of business on the fourth Friday in October (4:30 p.m. central time) shall be rejected. Ballots must be returned to the address set forth in the instructions on the election brochure.
7. Votes shall be tallied in accordance with the general schedule of elections.
8. The executive director shall submit a written report of the election results to the board of trustees no later than the regular November meeting of the board of trustees.
9. Upon receipt of the results of the election, the board of trustees shall timely promulgate the election and notify the successful candidates of their election and the secretary of state, so as to allow the candidates sufficient time to take and file the oath of office with the Secretary of State within the time specified by law.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of Treasury, Board of Trustees of the State Employees’ Retirement System, LR 22:373 (May 1996), amended LR 23:996, 997 (August 1997), LR 25:1278 (July 1999), LR 26:1490 (July 2000), LR 26:2633 (November 2000), LR 31:946, 947 (April 2005), LR 34:446, 447 (March 2008), LR 37:1616 (June 2011), LR 39:119 (January 2013), LR 41:1772 (September 2015).

§407.    Winning Candidates

1. 1. Active Members. The three candidates who receive the most votes shall be declared successful candidates and presented to the board.
   2. Retired Members. Beginning in 1995 and continuing thereafter every four years, the two retired member candidates who receive the most votes shall be declared successful candidates and presented to the board. Beginning in 1997 and continuing thereafter every four years, the retired member candidate who receives the most votes shall be declared the successful candidate and presented to the board.
2. Ties affecting elected positions shall be decided by a coin toss held by the executive director in the presence of the candidates affected or the representative they designate.
3. No department in the executive branch of state government may have more than two active trustees serving on the board at the same time. Ex officio trustees and their designees do not count toward this limit.
4. If, after the conclusion of the nomination process, the number of candidates does not exceed or is fewer than the number of open positions for which election is being held, no election shall be held for those positions, and those candidates that are nominated and are qualified shall be deemed successful candidates and presented to the board.
   1. Active Member Trustees’ Elections. Any remaining open positions shall be filled in accordance with Title 58, Part I, Chapter 3, §305 of the Louisiana Administrative Code.
   2. Retired Member Trustees’ Elections. Any remaining open positions shall be filled in accordance with Title 58, Part I, Chapter 5, §505 of the Louisiana Administrative Code.
5. Subsection D shall apply to both active member trustee elections and retired member trustee elections.
6. For all relevant purposes, those candidates elected under Subsection D shall be considered to have received the maximum number of votes possible.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of Treasury, Board of Trustees of the State Employees’ Retirement System, LR 22:373 (May 1996), amended LR 23:996, 997 (August 1997), LR 25:1278 (July 1999), LR 26:1490 (July 2000), LR 26:2633 (November 2000), LR 31:946, 947 (April 2005), LR 34:446, 447 (March 2008), LR 37:1616 (June 2011), LR 39:119 (January 2013), LR 41:1773 (September 2015).

§409.    Candidates Withdrawing Prior to Election

1. A candidate may withdraw his candidacy at any time. If he withdraws prior to the deadline for voting, all votes cast for him shall not be counted.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of Treasury, Board of Trustees of the State Employees’ Retirement System, LR 37:1616 (June 2011).

§411.     No Solicitation

1. Candidates for election to the LASERS board of trustees shall not solicit employees of LASERS to participate in their campaigns, and LASERS’ employees cannot participate, or give assistance to any member who is running for election or re-election to the board. Candidates shall not solicit or have contact with any vendor or employee of a vendor who is providing LASERS with products or services related to elections of the LASERS board of trustees. LASERS employees are free to sign nominating petitions.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of Treasury, Board of Trustees of the State Employees’ Retirement System, LR 22:373 (May 1996), amended LR 23:996, 997 (August 1997), LR 25:1278 (July 1999), LR 26:1490 (July 2000), LR 26:2633 (November 2000), LR 31:946, 947 (April 2005), LR 34:446, 447 (March 2008), LR 37:1616 (June 2011).

Chapter 5. Election of Retired Member Trustees

§501.    Eligible Candidates

1. A candidate for a position of retired member trustee on the board of trustees must be a retired member of the system who has been on retired status (not including retired status under the Deferred Retirement Option Plan) by the date on which nominations close.
2. A rehired retiree who selected either Option 1 or Option 3 of R.S. 11:416 or Option 1, Option 3 or Option 4 of R.S. 11:416.1 is eligible to run as a candidate for a position of retired member trustee on the board of trustees.
3. A participant in the Deferred Retirement Option Plan who has not yet terminated state service and who is still employed by the state is not eligible to run for board election as a retired member candidate.
4. A disability retiree who has returned to work under either R.S. 11:224 or R.S. 11:225 is not eligible to run as a retired member candidate for election to the board of trustees.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of Treasury, Board of Trustees of the State Employees’ Retirement System, LR 22:373 (May 1996), amended LR 23:997 (August 1997), LR 25:1278 (July 1999), LR 26:1490 (July 2000), LR 26:2633 (November 2000), LR 31:947 (April 2005), LR 34:447 (March 2008), LR 37:1617 (June 2011).

§503.    Nomination Process

1. The board of trustees shall accept the name and final four digits of the Social Security number of every candidate nominated by petition of 25 or more retired members of the system and shall place the name of such candidates on the ballot, provided each such candidate meets the requirements for trustee. Those retired members signing the petition shall also supply the final four digits of their Social Security number. When returning the nominating petition, the candidate should include his qualifications, platform and photograph for inclusion in the election brochure circulated by LASERS.
2. The printed name of those persons signing the nominating petition must be legible for purposes of verification. Unverifiable signatories shall not count toward the required total of 25 and may disqualify the petition.
3. In years where a special election is held, a candidate shall clearly state in his petition whether he is running for a four-year term or for the unexpired portion of the term that is the subject of the special election.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of Treasury, Board of Trustees of the State Employees’ Retirement System, LR 37:1617 (June 2011).

§505.    Vacancies; Special Elections

1. The Executive Board of the Retired State Employees Association shall appoint a member to fill any retired member vacancy created on the board. The appointee shall possess the necessary qualifications under R.S. 11:511 for the retired member position.
2. The appointment shall be valid only until January 1 of the year following the next election.
3. When the unexpired term for the vacancy is greater than two years, a special election shall be held to fill the vacancy simultaneously with the election ordinarily held in odd number years. The ballot for the special election may be the same as that used in the regular election.
4. The deadlines and procedures for special elections shall be identical to those for elections normally held in years ending with odd numbers.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 11:511, R.S. 11:512 and R.S. 11:515.

HISTORICAL NOTE:  Promulgated by the Department of the Treasury, Board of Trustees of the State Employees’ Retirement System, LR 23:998 (August 1997), amended LR 37:1617 (June 2011).