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Election Rules. All associations are required to adopt election rules that comply with the requirements contained in the Davis-Stirling Act, including the fairly complicated procedures imposed by SB 323. Election rules must:
- address nomination procedures
- specify candidate qualifications,
- establish voter and candidate lists,
- specify voting power of each membership,
- specify a method of selecting independent third parties as inspectors of election,
- allow the inspector to appoint and oversee additional persons to verify signatures and tabulate votes,
- allow equal access to association media during campaigns,
- ensure access to common area meeting space during campaigns,
- establish secret balloting procedures,
- address the use of proxies, and
- require retention of election materials.
Bylaw Amendments. Boards should also consider amending their bylaws to simplify elections and eliminate problems created by SB 323. This includes:
Proposal. For more information or to receive a proposal regarding Election Rules, contact us.