Election Procedures 17.
The voting period for elections shall commence when the notice of the meeting and/or ballots have been mailed to all Members and shall terminate as stated in the notice and/or ballot or as determined by the Inspector(s) of Elections, consistent with the Governing Documents and as set forth below: a. Set Date of Annual Meeting : No less than 90 days before the Annual Meeting. b. Provide notice of pending election and ask for candidates for Board of Director Elections: 60 - 90 days before the Annual Meeting c. Appoint Inspector of Elections: 45 – 60 days before Annual Meeting d. Establish Date of Record : 30 days prior to mailing of election materials. Only members in Good Standing as of the date of record shall be entitled to vote on any issue or matter presented to the Members. e. Set date for the close of nominations : No less than 30 days prior to mailing of ballot f. Hold Candidates Forum: After nominations close; before mailing of ballot materials. Forum held to allow the members to meet and ask questions of all nominees. For ballot measures that are required to be submitted to the membership, that are unrelated to Board of Director elections, the Association shall have a town hall meeting prior to the time election materials are sent to the membership to amend the bylaws/CC&Rs or similar ballot measures requiring membership approval. g. Mail ballots : No less than 30 days prior to the day initially set to turn in ballots. h. Cut-off for Inspectors of Election to receive ballots: At the call-to- order of the Annual Meeting and before the Inspector(s) of Election proceed to count and tabulate the ballots and/or the date set forth in the meeting notice and/or any extension thereof. 18. The form and content of election materials, i.e., secret written ballot, envelopes, proxies, etc., shall conform to the requirements of Civil Code Section5115(a). 19. Once a ballot has been received by the Inspector(s) of Elections, it shall be irrevocable. If proxies are allowed, if a Member submits both a proxy and a ballot to the Inspector(s) of Elections, the ballot will supersede the proxy. 20. The authenticity, validity and effect of proxies submitted by Members shall be
Commented [C10]: This whole yellow highlighted section has been revised in the Legal Election Rules. Commented [CBDE11R10]: 17(a): this is covered in Section 20 of the draft Election Rules; 17(b): this is covered in Section 6 and Section 20; 17(c): There is no express timeframe required by law, so we do not recommend imposing a deadline that the Board may inadvertently miss. Also, the IOE really needs to be appointed more than 60 days in advance since we need to notify owners of the location where they will be returning ballots in the pre-ballot notice; 17(d): the only deadline we can set is the date of the mailing of the ballots. Also, there is no longer a good standing requirement under SB 323; 17(e): there is no express date for closing nominations thus I hesitate to create a deadline that the Board may inadvertently miss. That said, it will have to be at least 65 days before the election since you must name the candidates in the pre-ballot notice; 17(f): I have inserted modified language in Section 23 of the draft Election Rules. However, this is not required by law and the Association is creating a requirement that it does not otherwise have. I would prefer to leave this language out. That way, the Board can determine on a case by case basis whether to hold a forum or town hall; 17(g): this is covered in Section 21 of the draft Election Rules; 17(h): this is not required by law and, again, eliminates flexibility in determining the deadline for voting. I don’t recommend this be included.
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