Associations may amend their articles and/or bylaws to eliminate proxy voting altogether.
Corp. Code §7613(a). Arguments in favor of eliminating proxies include:
1.
Fraudulent Signatures. Proxy forms may be signed by using unverifiable signatures. By statute, signatures for proxies now include "typewriting, telegraphic transmission, or otherwise."
Civil Code §1363.03(d)(1)(B).
2.
Fraudulent Voting. The required
two-page format for proxies creates the
potential for election fraud. Since there is no way to verify that
proxyholders actually vote their ballots according to the owner's
instructions, the proxyholder can change an owner's vote.
RECOMMENDATION: Since ballots count toward quorum (
Civil Code §1363.03(b)), proxies are no longer needed for that purpose. To simplify elections, associations should also consider eliminating
cumulative voting and
quorum requirements for the election of directors.