There is disagreement in the legal community as to whether associations must send out ballots even if the number of candidates is less than or equal to the number of open seats. In other words, the election is not contested. Associations do not want to go through the expense if the outcome is already known.

Balloting Required. Those who believe that an ballots must be mailed, returned, and counted, even if the outcome is already known, cite the language in Civil Code §1363.03(b):

Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of members of the association board of directors . . . shall be held by secret ballot in accordance with the procedures set forth in this section.

Balloting Not Required. Those who believe that such elections are not necessary argue that the law does not require idle acts. (See Civil Code §3532; Letitia V. v. Superior Court (2000) 81 Cal.App.4th 1009, 1016.) However, if counting the ballots affects the outcome, i.e., who receives a 1-year term and who receives a 2-year term, then ballots must be mailed and counted even if the number of people nominated is less than or equal to the number of seats.