2017 Legislation – AB 1426 – Uncontested Elections

Under the current system, associations must always use a double envelope, secret ballot system in their elections. This requirement applies even when the outcome of the election is already decided: i.e., when the number of board vacancies equals the number of board candidates. This is called an “uncontested” election.

This bill would allow an association to skip some election requirements if the election is uncontested. It provides a procedure for an election to be declared uncontested, and adds 2 additional election requirements that would ensure an announcement of an election and notification of nomination procedures.

Some of the conditions to declare an uncontested election include:

  • A notice to members of the intent to declare the election uncontested.
  • An opportunity to object to such a declaration.
  • A clear self-nomination procedure.

We support the goal of simplifying the process for uncontested elections, and we are reviewing the bill to make sure that the law is simple and fair for all parties.