Adams Stirling PLC


QUESTION: One of the candidates in our board election received x number of votes. After the votes were tallied he wanted to transfer the votes he received to another candidate. I told him I didn't think that was allowed.

ANSWER: You were correct, he cannot transfer his votes. Once ballots have been cast, they are irrevocable. (Civ. Code §5120(a).) Once the votes on those ballots have been tallied, the election is officially over and the results announced. (Civ. Code §5120(b).)

Proxies. There is nothing in the law that allows a candidate to take votes cast for him and transfer them to another candidate. The only device that comes close is a proxy. Members can give a candidate an undirected proxy with the power to cast the member's votes in any fashion he deems proper. Even so, once the proxyholder has cast those votes, they are irrevocable.

Recommendation: Because proxies lend themselves to fraudulent voting, boards should consider eliminating proxies (along with cumulative voting) from elections.

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

Adams Stirling PLC