In any homeowner association (HOA) election, ensuring fairness and transparency is crucial, especially when secret ballots are involved. This is where an inspector of elections plays a key role.
But what inspectors of elections do goes beyond just counting ballots–they are responsible for overseeing the entire election process to ensure HOA election compliance with the law, particularly in California, where strict guidelines must be followed. An inspector of elections for HOAs must remain impartial, verifying voter eligibility, receiving and counting ballots, and ensuring that all procedures align with the HOA’s rules and state regulations.
By adhering to California Civil Code, inspectors of elections help prevent conflicts and ensure the legitimacy of election results. Their duties range from pre-election preparations to post-election reporting, all while maintaining transparency and upholding the interests of all HOA members.
Without an impartial inspector, the integrity of the election could be compromised, potentially leading to disputes or challenges from members.
Election rules identify the methods for selecting inspectors of election. They include the following:
An appointment happens when the HOA’s board of directors selects an inspector. It is done through a board meeting or resolution and used by most associations to select an inspector of elections.
Board appointments enable board members to choose an inspector who is impartial and experienced in conducting elections. However, third parties may think the appointed inspector is being influenced by the board member and is, therefore, not independent.
An inspector can also be elected by the members of the HOA through a nomination and election process. Typically, homeowners submit nominations for the inspector of elections and vote to elect an inspector.
This method helps associations ensure the election process is fair and transparent while allowing homeowners to have a say in the selection. However, it can also lead to conflicts and disputes when and if members disagree with each other.
Some associations may hire a third-party inspector who is independent of the HOA and has experience managing HOA elections. They could also choose to go for a voluntary poll worker or a notary public.
By hiring an inspector with no affiliations to the HOA, the association reduces the risk that there won’t be any disagreements about the inspector candidate.
An HOA may use an electronic voting system that automatically appoints an inspector of elections to oversee the ballot and election process. However, this method must comply with the legal requirements contained in the Civil Code.
An inspector of elections can and frequently does appoint people to count and tabulate votes and verify signatures.
However, these people must not be related to board members or candidates for board elections, live in the households of board members, or be employed by the HOA in any business capacity.
An inspector of elections must ensure a neutral and unbiased election process while protecting the interests of all members of the HOA. According to Civil Code §5110 (C), they can ensure that by performing the following election inspector duties:
Inspectors of elections must follow specific rules to ensure a fair election process. They need to:
Candidate and voter lists, signed voter envelopes, and sealed ballots must be in the custody of the inspector of elections or placed in a location only they know about.
Inspectors should keep these documents until the votes have been tabulated and the time given by Civil Code 5145 for challenging the election (one year) has passed.
Once the challenge period has expired, the inspector must give the election-related documents to the HOA, according to Civil Code 5125.
According to Civil Code §5105 (A)(7), if the HOA or an association member reports a discrepancy or error on the candidate or voter lists, the inspector of elections must make the correction within two business days.
In California, the law spells out specific responsibilities and requirements for anyone who serves as an inspector of elections for an HOA of a California community. If your community uses secret ballots as part of its election process, make sure you understand the rules and retain the services of an inspector of elections before the election process starts.
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