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March 12, 2007
What Happens If Owners Do Not Sign The Ballot Envelopes?
Elections in California homeowners associations - more questions. What happens when owners do not sign the ballot envelopes? In their wisdom, the legislators in California passed a law that requires, among other things, a process for voting that requires owners to sign the outside (mailing envelope) that is part of the voting package. That one requirement has raised a number of issues. First but not least, does it mean inspectors need to verify the signature matches a signed list of signatures? Very few associations have such a master list of signatures on file.
I do not believe it does - however, I do believe that the signature needs to be there to count the ballot (the way the law is written). It will provide a means of verification as the person who purportedly submitted the ballot if that for some reason becomes a necessity.
Next question - is there anything the association can do if it comes to light through the inspector(s) that there are several unsigned ballot packages coming in?
The point of an election is to allow owners to "speak" through voting. Unsigned ballot packages cannot be counted. So if the discovery is made ahead of counting the ballots that there are unsigned packages, I see no reason why the board and inspectors together cannot initiate a process to try and correct that problem. The inspectors cannot release the ballots, but they can arrange with the board a place to bring the ballot packages and allow owners to come and sign that did not do so. This process does not involve opening, returning or altering any ballot, and the ballots do not leave the custody of the inspector or inspectors. This process could take place at the annual meeting before ballots are counted, or at some other arranged sitting prior to the meeting date. If the association has a clubhouse ..... perfect location.
Now, what kind of notice should go out? I was asked if the inspectors, who were members of the association, could call the owners. I do not believe that is wise. The notice to owners who did not sign should, I believe, be consistent and equal for all owners in this position. The notice could be mailed to owners who returned unsigned ballots, letting them know about the "signing sitting". A notice could be sent to all owners reminding them to sign all ballots and letting them know that there are some unsigned ballots that could be signed at the "signing sitting", but I do not see this as the best way to handle the matter. I believe sending a letter to all members could confuse them and make all of them wonder if they forgot to sign the envelope.
The law neither bans nor provides this remedy. It comes from the concept of "creative practicality" (or, in more simple terms, fixing what is broken). Remember, the point of the new law is not to stifle the voting process, but to enable and encourage members to vote from their homes. It just happens that the technicalities tend to get in the way.
Posted by Beth Grimm at March 12, 2007 9:17 PM