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February 21, 2007
Recall Elections Under the New Law - How Hard Can it Be?
I am receiving lots of calls about recall elections. Practitioners all over the state are faced with inquiries from groups of owners and board members who are looking for information as to how recall elections should be conducted under the new elections law. In some cases members have petitioned for it. In others, boards have received these petitions.
I have spoken with different attorneys about how these processes might be handled under the new law. I believe there are at least two viable approaches:
(1) Prepare two ballot packages to be mailed at the same time, one for the recall election itself and one for electing board members if the recall is successful (which would have "write in" capabilities because potential candidates will necessarily be identified ahead of the recall meeting), with complete instructions to owners as to how the processes at the meeting will be handled for both elections, in case both are needed.
OR
(2) Prepare a ballot package for the recall election, and appoint a person (choosing a professional in some capacity would be wise) to take charge of the second election process in case the Board is recalled. Consider a Resolution that would preclude the Board, if recalled, from taking action in the interim before the election for directors for any business other than proceeding with the election, except, of course, any business that MUST be conducted during that period. Make sure the person appointed has limited authority and knows how to conduct the election under the new laws.
The elections laws are too new to have worked out the kinks, but I think the key is to look for the most fair and above-board practices that attempt to comply with what is written in the law as closely as possible, with regard to all elections that are subject to the new law, board elections and recall elections being two of the types that are subject to it.
Posted by Beth Grimm at February 21, 2007 8:56 PM