The Davis-Stirling Act’s amended version, which takes effect in 2025, requires that HOAs wishing to hold elections electronically must have an independent inspector of elections. These third-party inspectors can often be found as part of electronic voting platforms that offer Davis-Stirling compliance services.
HOAs seeking a California inspector of elections can turn to ElectionBuddy for their next election. This platform offers secure, anonymous voting services, as well as independent election experts who can monitor the voting process. This ensures elections comply with the Davis-Stirling Act and any other election law. To understand how and why these third parties are necessary, we need to understand the scope of their role.
What is the new HOA law in California, and why was it passed? California amended the law in 2024 because the original law was outdated and required all HOA election ballots to be submitted via double-envelope mail-in ballots. Wanting to give HOAs access to electronic voting, but recognizing the danger of digital manipulation, the state mandated that HOAs must have an independent inspector conduct their elections.
This role is critical to election security and fairness. Here is how an inspector of elections can help keep votes free and fair:
A vote must never be traced directly back to the voter. Doing so may expose the voter to undue pressure, intimidation, or oppression. Only a vote cast anonymously can be considered free from outside bias, and an election inspector helps ensure the process remains anonymous.
Inspectors are responsible for gathering paper and electronic ballots and storing them securely. As a third party, they safeguard access to the ballots to prevent anyone from HOA management from accessing them until the time and place they are to be counted.
When and if irregularities occur and an audit is necessary, an election inspector carefully will oversee the process to certify it is conducted in accordance with election law.
Legal compliance can be intimidating due to the potential consequences of non-compliance. Hiring outside legal counsel can also be expensive. Fortunately, the bar for who qualifies as an independent election inspector is lower than that required for legal representation.
Professional election advisors and inspectors employed by ElectionBuddy can help explain compliance under the law and advise on best practices. Their familiarity with electronic voting systems makes them uniquely qualified to educate HOAs on conducting free and fair electronic elections.
By moving votes online, HOAs eliminate costly mail ballots and excessive paperwork. This speeds up elections and means results can be tabulated quickly. Still, some voters will choose to send and receive ballots by mail. Thankfully, ElectionBuddy provides both digital and paper ballots for all organizations seeking to conduct elections.
Explore ElectionBuddy’s site today to see how our independent election inspectors can maintain Davis-Stirling Act compliance while providing valuable insights on conducting elections efficiently and cost-effectively!
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