Sample Election Rules - New Assembly Bill No 2159

1. Associations must choose one of the following two methods for the election process:
 

A) The preferred method of voting in all elections except elections regarding regular or special assessments shall be by electronic secret ballot. An electronic secret ballot means a ballot conducted by an electronic voting system that ensures the secrecy and integrity of a ballot pursuant to the Civil Code.

                                                                                                           OR 

B) The preferred method of voting in all elections shall be by paper secret ballot. A paper secret ballot means a ballot conducted by first class mail voting system that ensures the secrecy and integrity of a ballot pursuant to the Civil Code.

2. All Members for whom the Association has a valid email address shall be sent an electronic secret ballot unless they request a paper secret ballot in writing. Once a member requests an electronic secret ballot, that Member shall continue to receive one in subsequent elections unless that Member chooses to opt out of receiving an electronic secret ballot.

3. If the Association does not have a Member's valid email address, the Association shall send the Member a paper secret ballot.

4. Members may update their preferred method of voting from electronic ballot to written ballot or written ballot to electronic ballot no less than 90 days before an election.

5. At least 30 days prior to the deadline to opt out of voting electronically, the Association shall provide individual notice to all members of all the following:

•  The Member's current voting method.
• If the Member's current voting method is by electronic secret ballot and the Association has an email address for the Member, the email address of the Member will be used for voting by electronic secret ballot.
• An explanation that the Member is required to opt out of voting by electronic secret ballot if the Member elects to vote by paper secret ballot.
• An explanation of how a member may opt out of voting by electronic secret ballot.
• The deadline by which the Member is required to opt out of voting by electronic secret ballot if the Member elects to exercise that right.

6. An electronic secret ballot and a paper secret ballot shall contain the same list of items to be voted on.

7. The Association shall maintain a voting list identifying which members will vote by electronic secret ballot and which members will vote by paper secret ballot.

8. The procedures for opting out of voting by electronic secret ballot shall be contained in the Annual Policy Statement required by Civil Code Section 5310 or its successor statute.

9.The secret electronic ballot shall be contained in an individual notice to each Member who will be voting by secret electronic ballot. The notice shall be sent at least 30 days before the election and shall contain instructions on each of the following:

• How to obtain access to the internet-based voting system.
• How to vote by electronic secret ballot.

10. A vote made by electronic secret ballot is effective when it is electronically transmitted to the address, location, or system designated by the election inspector and it may not be revoked.

11. No person, including a member or employee of the Association, or an employee of the management company shall open or otherwise review any tally sheet of votes cast by electronic secret ballot before the time and place at which the ballots are to be tabulated and counted.

12. For purposes of determining a quorum, a member voting electronically shall be counted as a Member in attendance at the meeting at which ballots are to be counted. Once a quorum is established, a vote of the Members shall not be taken on any issue other than the issues specifically identified in the electronic vote.

13. With the electronic balloting method, candidates will not be nominated from the floor at the annual meeting.