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CANDIDATE REGISTRATION & VOTER LISTS

CANDIDATE LIST
Beginning January 1, 2020, associations are required to create a candidate registration list and allow candidates to verify the accuracy of the list. (Civ. Code § 5105(a)(7).)  As with the voter list, the statute does not require a pre-ballot publishing of the candidate list to all members. Instead, the association must permit candidates to verify the accuracy of their individual information on the list at least 30 days before the ballots are distributed.

Notice of the List. This can be done by including a statement in the pre-ballot election notice that the association prepared a candidate registration list and nominees can verify the accuracy of their information on the list. The notice should give candidates a time frame for verify their information and whom to contact. Note the pre-ballot election notice includes a "list of candidates" which is only a list of their names and not the entire candidate registration list, which also includes candidate addresses.

Preparation of the List. The statute does not require the inspector to prepare the candidate list. It only requires them to retain it and correct any information within two (2) business days of receiving notice of any errors. For most associations, management will prepare the voter list and provide it to the inspector.

Verifying Qualifications. Inspectors of election are not required to verify the qualifications of nominees. They are not required to check the property title for each nominee to see if they are owners. However, any member can challenge the qualifications of any nominee.

VOTER LIST
Associations must also create a voter list that contains every member's name, voting power and the physical address of the person's separate interest OR the parcel number OR both. The voter list must also contain the mailing address for the ballot if it differs from the physical address of the voter’s separate interest or if only the parcel number is used. (Civ. Code § 5105(a)(7).)

Verify Accuracy. The statute does not require publishing the voter list to all members, only that members have the opportunity to verify the accuracy of their individual information. Associations can include a statement in their pre-ballot election notice that they prepared (i) a list of nominees and (ii) a voter list that contains each member’s name, voting power, address, etc. The statement must tell members how to verify the information and a specified time frame for doing so.

Inspectors of Election. The statute does not require the inspector of elections to prepare the voter list, only that they must retain it and correct any information within two (2) business days of receiving notice of errors.  Management can prepare the voter list and provide it to the inspector, along with any corrections.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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