Suppose you’re a homeowners association (HOA) member and voting in California HOA elections. In this case, you’re probably aware that the law says voting must always be cast by secret ballot, irrespective of how it is submitted.
The Davis-Stirling Act is the legal framework for community elections in California. The law has specific rules regarding how and when the ballot is sent and processed, whether paper or electronic.
No matter what format your HOA uses, ballots must be sent and delivered to members no less than thirty days before the election deadline. Traditional paper ballots must be returned in double envelopes, and electronic votes must be submitted by a deadline. Both processes are anonymous. Members cannot change their submissions once the paper and e-votes are in.
If your HOA still votes the old-fashioned way and uses paper ballots, you want to ensure voters have their ballots in hand at least thirty days before the voting takes place. It’s important that voters don’t mark their ballot with any personal identifiers (e.g., their names or addresses).
According to Davis-Stirling Act rules, members must receive two envelopes. When they fill out their ballots, they place the first envelope (containing the ballot) into the second one and seal it.
On the second sealed envelope, voters write their names and addresses in the top left corner and address it to the third-party election inspector overseeing the process. Ballots can be mailed or hand-delivered to the inspector at a pre-set location before the polls close.
Remember: If these rules aren't followed, ballots may be deemed invalid and thrown out.
If transitioning from paper ballots to electronic voting, you must inform your members that HOA elections are available online. Your members must be made aware at least ninety days before the election, giving them enough information and time to opt out of the electronic method. That means you’ll need to send these members a paper ballot, and you’ll probably need to get started at least 120 days before your deadline.
The Inspector of Elections (or online voting platform) manages the voting process to keep votes secret. Here’s what they’re responsible for:
They’re also responsible for making sure the digital platform has proper encryption methods for secret ballots and meets all legal requirements.
Once votes are submitted, they’re counted to meet quorum requirements (like voting during a board meeting). Like paper ballots, the tally sheet can’t be viewed until it’s time to count them and share the results.
Whether you’re sticking to tradition or going digital, ElectionBuddy can be your neutral third party to validate the results. Our platform can streamline the election process by communicating with voters, customizing ballots, casting votes, tallying results, and more.
ElectionBuddy takes pride in ensuring every vote cast is processed fairly and anonymously, aligning with California’s electronic voting legal requirements. Voter data and election results are kept safe through robust safety and security encryption measures and two-factor authentication.
Elections are easier than ever before when you use ElectionBuddy. By incorporating the platform into your election process, you can boost member engagement and participation, stay compliant with evolving state laws, and simplify election management from start to finish!
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