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Write-In Candidates
QUESTION: Can we write in candidates on our ballots if they were not previously nominated?

ANSWER: Under Civil Code §1363.03(j) associations may adopt election rules that permit write-in candidates. It would seem from the language of the statute that unless your election rules provide for write-ins, they are not allowed. However, there may be an exception. If your rules are silent as to write-ins, check your nomination procedures. If nominations are allowed from the floor of the annual meeting, then write-ins are impliedly valid. Unless the governing documents require otherwise, the nomination need not take place in advance to be valid.

Adams Kessler PLC
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