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. By implication, 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 your governing documents provide otherwise, the nomination need not take place in advance to be valid.

RECOMMENDATION: Associations should amend their Election Rules to make clear whether write-ins are allowed during elections. If they are allowed, blank lines should be added to the ballot. If write-ins are not allowed, it should be stated on the ballot as well as in the Election Rules. If there is any uncertainty, the board should seek a legal opinion on how best to proceed.