ACCESS TO INSPECTOR'S
VOTER TALLY

QUESTION: During an election, can owners demand from the Inspector of Elections a running tally of who returned their ballots? We want to know who voted so we can lobby owners who have not yet voted.

ANSWER: There is no requirement that inspectors provide such information. As provided for in Civil Code §1363.03(c)(3), inspectors of election must perform the following duties:

• determine the number of memberships entitled to vote and the voting power of each;
• determine the authenticity, validity, and effect of proxies;
• receive ballots;
• hear and determine challenges and questions arising out of the right to vote;
• count and tabulate votes;
• determine when the polls close;
• tabulate the results of the election; and
• perform any acts as may be proper to conduct the election with fairness.

Verifying Information. Some could argue that inspectors should supply a list because they must prepare it prior to the meeting anyway. That argument is not valid since the statute allows but does not mandate that inspectors verify voter information prior to the meeting. Civil Code §1363.03(f) Inspectors could wait until the day of the meeting to verify the information.

Extra Expense. If an association wants the inspector to prepare and disseminate a running tally of who has or has not voted, it needs to make arrangements with the inspector to provide this service. There will likely be an additional charge for the time involved in providing such information. A simple ballot count may be sufficient.

Updated 8/26/2007