Election Services
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New Election Rules 2020
SB 323. Elections & Director Qualifications. A variation of this bill was vetoed last year by Governor Brown. This bill requires extensive changes to election rules dealing with mandatory and permissive candidate qualifications, a longer election cycle, nomination procedures, who may serve as inspectors of election, verification of voter and candidate information, the inclusion of email addresses in the membership list, and the inspection and retention of election materials.
- Must adopt new election rules;
- Create candidate registration list and voter list and allow member verification at least 30 days before ballots are distributed;
- Send nomination procedures at least 30 days before nomination deadline;
- Candidates must be members. OPTIONAL: (i) current assessments, (ii) no co-
owners, (iii) member >1 year, (iv) criminal conviction prevents fidelity bond; - Cannot suspend voting rights;
- Must allow someone with a general power of attorney to vote for a member;
- May not amend election rules less than 90 days before an election;
- Must use independent inspectors of election; and
- Email addresses now part of membership list.
Before Annual Meeting:
Review the association’s Governing Documents including Election Procedures and Bylaws.
Assign an election project coordinator.
Establish election action calendar.
Call for Candidate Solicitation.
Prepare general election notice (First election reminder to help achieving quorum).
Prepare membership election package.
Mid-Election Postcard Mailer (Second election reminder to help achieve quorum).
Receive and secure all ballots.
During Meeting:
Provide election inspectors.
Provide an election box. for casting ballots.
Collect, open and tabulate all ballots if quorum is achieved.
Report elections results to the board of directors/assigned representative(s).
After Meeting:
Prepare and provide the certification of election results.
Member Election Results Mailer.
Store all ballots at a secure location and schedule a delivery date for all election material to be returned to the Association, pursuant to California HOA Civil Code 5110.
Provide future updates to the Board of Directors/assigned representative(s) with any updates specific to election procedures, to ensure that your community stays in compliance.
Election Packages
PACKAGE 1 - FULL ELECTION (CALL FOR CANDIDATES, BALLOT MAILING, TABULATION)
- Customized, in-
house design of Nomination mailing and Election Package - In-
house mailing services (printing, assembly, postage) - Thorough review of Governing Documents
- Establish a calendar of events
- Receive, register, and securely hold all returned ballots
- In-
office staff to assist with the election process (voting, replacement election materials, questions, etc.) - Attend Meeting to conduct the election process, including tabulation
- Provide after meeting summary and election report
- Ballot storage
PACKAGE 2 - BALLOT MAILING & TABULATION ONLY
- Customized, in-
house design of Election Package - In-
house ballot mailing services (printing, assembly, postage) - Thorough review of Governing Documents
- Establish calendar of events
- Receive, register, and securely hold all returned ballots
- In-
office staff to assist with the election process (voting, replacement election materials, questions, etc) - Attend Meeting to conduct the election process, including tabulation
- Provide after meeting summary and election report
- Ballot storage
PACKAGE 3 - RECEIVE & COUNT ONLY
- Thorough review of Governing Documents
- Establish calendar of events
- Receive, register, and securely hold all returned ballots
- In-
office staff to assist with the election process (voting, replacement election materials, questions, etc) - Attend Meeting to conduct the election process, including tabulation
- Provide after meeting summary and election report
- Ballot storage