ELECTION RULES

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How to Simplify Elections

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:

• eliminating quorum requirements for the election of directors;
• removing cumulative voting to create more conventional voting;
• modifying nomination procedures to comply with the new statute;
• eliminating write-ins and floor nominations so uncontested elections can be added;
• adding or revising director qualifications to comply with changes in the election law; and
• creating two-year staggered terms for directors to ensure continuity from board to board.

Proposal. For more information or to receive a proposal regarding Election Rules, contact us.