WRITE-IN CANDIDATES

QUESTION: Can we write in candidates on our ballots if they were not previously nominated?

ANSWER: Under Civil Code §1363.03(j) associations may adopt election rules that permit write-in candidates. It would seem from the language of the statute that unless your election rules provide for write-ins, they are not allowed. However, there may be an exception. If your rules are silent as to write-ins, check your nomination procedures. If nominations are allowed from the floor of the annual meeting, then write-ins are impliedly valid, provided the write-in candidate (i) is actually nominated at the meeting, (ii) accepts the nomination, and (iii) meets the qualifications of a director.

Updated 4/30/2008