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Unsigned Ballot Envelopes
If a voter fails to sign the outer envelope, the votes are not counted. For an envelope to be valid, voters must sign their names in the upper left hand corner of the outer envelope. This allows the Inspector to verify a voter's eligibility. If an envelope is unsigned, that opens the door to voter fraud, i.e., anyone could have submitted the ballot.

Quorum. When an envelope is unsigned, the Inspector sets it aside and does not count it toward quorum, since an unsigned ballot envelope is invalid. This is modeled after the California County Absentee Ballot process which does not accept an absentee ballot that is unsigned. At the Inspector's option, the member may be contacted so he can sign the envelope.

Signed in Inspector's Presence. Members who forget to sign their ballot envelope may go to the Inspector's office, show I.D. and sign the envelope in the Inspector's presence. Unfortunately, this creates administrative costs for the association, and may be inconvenient or impossible for owners to accomplish if they are out of town or otherwise indisposed.

Signed Declaration.
Another solution involves the use of an affidavit (a signed declaration under oath). The declaration attests to the authenticity of the ballot. Since signed declarations can be done by mail, fax and email (with a pdf attachment of the signed declaration), they are more convenient for owners. Once the declaration is returned, it is then attached by the Inspector to the envelope.

No Duty to Notify
. Inspectors of Election are not required by statute to enact any solutions to unsigned envelopes. Depending on the association, the time and cost of contacting forgetful owners may not be justified. For those associations who want a solution to the problem, boards should talk to their Inspector of Elections to find out if the Inspector can follow up with owners, what solutions to implement, and the costs of those solutions.

Adams Kessler PLC
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