QUESTION: During an election, can owners demand from the Inspector of Elections a running tally of who returned their ballots? We want to know who voted so we can lobby owners who have not yet voted.

ANSWER: Inspectors can provide a list of who voted but there is no requirement that they do so. As provided for in Civil Code §1363.03(c)(3), inspectors of election must perform the following duties:

• determine the number of memberships entitled to vote and the voting power of each;

• determine the authenticity, validity, and effect of proxies;

• receive ballots;

• hear and determine challenges and questions arising out of the right to vote;

• count and tabulate votes;

• determine when the polls close;

• tabulate the results of the election; and

• perform any acts as may be proper to conduct the election with fairness.

Providing a list of who voted is not one of the inspector's duties. Accordingly, it would be optional. There are no privacy issues that would prohibit the release of such information since the State of California releases voting lists.

Verifying Information. Some could argue that inspectors should supply a list because they must prepare it prior to the meeting anyway. That argument is not valid since the statute allows but does not mandate that inspectors verify voter information prior to the meeting. Civil Code §1363.03(f). Inspectors might not make a list of who voted until the day of the meeting.

Extra Expense. If an association wants the inspector to prepare and disseminate a running tally of who has or has not voted, it needs to make arrangements with the inspector to provide this service. There will likely be an additional charge for the time involved in providing such information. In lieu of a list of who voted, a simple ballot count may be sufficient. Ballot counts are also allowed.