2014 Legislation: AB 1360 - Electronic Voting

Bill Author: 
Torres
Subject: 
HOA Elections and Voting
Status: 
Failed passage in Senate committee.
Sponsor: 
Community Associations Institute (CAI)

This bill authorizes an association to conduct elections or other membership balloting by electronic voting. It also requires an association to provide each member with an opportunity to indicate that he or she will be voting electronically and to provide a member who did not indicate so with a paper ballot.

Electronic Voting and Balloting in HOAs

From the Legislative Counsel's digest:

This bill would authorize an association to conduct elections by electronic voting, as specified, and would enact related provisions. The bill would require an association, if electronic voting is to be conducted, to provide each member with an opportunity to indicate that he or she will be voting electronically and to provide ballots, as specified.begin insert The bill would require the electronic balloting service provider to retain the ballot data until the time allowed for challenging the election has expired.

"Support if Amended"

ECHO supports this bill in principle, but is seeking a definition of the term electronic balloting service provider contained within the legislation. In its current form, AB 1360 blurs the line between the "Inspector of Elections" and a possible third-party electronic balloting service provider. Inspectors of Election are supposed to have an authority independent of the board of directors, and to make various election-related decisions defined by statute.

Necessary Clarifications

ECHO is seeking clarification on the role performed by this unique service provider. If they will they perform the duties of the Inspectors of Election, this bill must be more explicit, and eliminate existing conflicts.

Image from photo by nationalmuseumofamericanhistory, CC BY-NC 2.0.