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INSPECTING
THE VOTER
SIGN-IN LIST
QUESTION: Prior to the counting of ballots, can owners inspect the
sign-in list? We want to know who cast ballots.
ANSWER: This is a bit different from
last week's question. Even
though there is
no requirement
that Inspectors allow access to the voter sign-in list, there may be good reason
to allow it prior to opening the outer ballot envelopes (the ones with the voter
information).
Challenging Ballots.
For example, if a person not on title (such as a spouse) or a member not in good
standing (who had his/her voting rights properly suspended) were to vote, the
ballot could not be challenged if other owners don't know the person mailed in a
ballot. If the challenge is not made
prior to the opening of ballots, no challenge may be made since the challenged ballot can
no longer be identified and removed from the tabulation process. Although California's Election Code is not binding on
associations, it provides guidance on this issue:
Prior to processing and opening the identification envelopes of absent voters, the elections official shall make available a list of absent voters for public inspection, from which challenges may be presented.
. . . All challenges shall be made prior to the opening of the identification envelope of the challenged absent voter.
Election Code
§15105
RECOMMENDATION. After the polls have been
closed and prior to opening the envelopes, owners should be allowed to inspect the registration/sign-in list
if they request it.
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Sincerely
yours,
Adrian Adams, Esq.
Adams Kessler PLC |
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