Duties of Inspectors
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DUTIES OF INSPECTORS

Inspectors of election must perform their duties impartially, in good faith, to the best of their abilities, and as expeditiously as practical. (Civ. Code §5110(d).) As provided for in Civil Code §5110(c), Inspectors must:

  • Determine the number of memberships entitled to vote and the voting power of each.

  • Determine the authenticity, validity, and effect of proxies, if any.

  • Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote. [If there are three inspectors, the decision of a majority shall be effective in all respects as the decision of all. (Civ. Code §5110(d)]

  • Count and tabulate all votes.

  • Determine when the polls shall close, consistent with the governing documents. [if the election is conducted entirely by means of absentee ballot, the polls may close prior to the meeting date.]

  • Determine the tabulated results of the election. (Civ. Code §5120(a).) [Any report made by the inspectors is prima facie evidence of the facts stated in the report (Civ. Code §5110(d).)]

  • Report the results to the board. (Civ. Code §5120(b).) 

  • Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this Davis-Stirling Act, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article.

  • Keep custody of the ballots until they are turned over to the association. (Civ. Code §5125.)

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Adams Stirling PLC