|
 OFFICIAL
BALLOTS ONLY
QUESTION: Can members
distribute their own election ballots?
ANSWER:
No. According to
Civil Code
§1363.03(e), ballots shall be delivered "by the association" to every
member. As with municipal, state and federal elections, voters cannot
substitute their own ballots for official ballots. To make sure owners are aware
of this restriction, boards should include it in their election rules.
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.
 |
Sincerely
yours,
Adrian Adams, Esq.
Adams Kessler PLC |
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Adams Kessler
Professional Law Corporation
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