JamesJ11 (Florida)
Posts: 7
Posts: 7
Posted:
For how long, if any, is an Association required to keep election ballots?
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Preservation of Election Ballots
Started by JamesJ11 • 9 replies • 1973 views
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TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
That depends.
In your Association, Are ballots typically attached to the minutes or just the results of the election?
Is your Association incorporated as a non profit corporation?
What type of Association are you, an HOA, Condominium, mobile home park, etc.?
Are the results being challenged in a court of law?
Have the results been formally challenged (in writing)?
Tim
In your Association, Are ballots typically attached to the minutes or just the results of the election?
Is your Association incorporated as a non profit corporation?
What type of Association are you, an HOA, Condominium, mobile home park, etc.?
Are the results being challenged in a court of law?
Have the results been formally challenged (in writing)?
Tim
PeterD3 (Florida)
Posts: 708
Posts: 708
Posted:
A Florida HOA, subject to SS720, is 7 years minimum for ALL official records.
Condo is likely the same (or longer).
Condo is likely the same (or longer).
JamesJ11 (Florida)
Posts: 7
Posts: 7
Posted:
Thanks to all who responded.
This Association is a Florida "Not-For-Profit" Corporation. It is a mobile home park HOA. No litigation has issued because we are a +55 Park and most participants are on fixed incomes. Other members are Canadian or Northerners who come for a few months each year.
The results have not been challenged in writing, although I have informed the Board verbally that the vote was invalid. The prevailing statutes are FL 723.
Thank you... j
This Association is a Florida "Not-For-Profit" Corporation. It is a mobile home park HOA. No litigation has issued because we are a +55 Park and most participants are on fixed incomes. Other members are Canadian or Northerners who come for a few months each year.
The results have not been challenged in writing, although I have informed the Board verbally that the vote was invalid. The prevailing statutes are FL 723.
Thank you... j
JamesJ11 (Florida)
Posts: 7
Posts: 7
Posted:
I was informed by the Treasurer that the Ballots were taken to her home, where, after thirty days, they were destroyed.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
If that election was challenged within that time, the secretary was out of line to destroy the ballots.
In your other post, you said the results were announced at the meeting, but not the actual count. The president usually announces the winners WITH the count when he/she gives the results. If you objected at that time, the ballots should have been protected, for sure.
Anyway . . .SOMEONE knows the count. Do you suspect it a very close election?
Learn from this mistake. Make sure there is a "teller" - an official person or small group that runs the election, verifies the voters, counts the votes and gives the count to the president, who then announces the winners.
You can always start a recall.
In your other post, you said the results were announced at the meeting, but not the actual count. The president usually announces the winners WITH the count when he/she gives the results. If you objected at that time, the ballots should have been protected, for sure.
Anyway . . .SOMEONE knows the count. Do you suspect it a very close election?
Learn from this mistake. Make sure there is a "teller" - an official person or small group that runs the election, verifies the voters, counts the votes and gives the count to the president, who then announces the winners.
You can always start a recall.
JamesJ11 (Florida)
Posts: 7
Posts: 7
Posted:
We wanted to object at the meeting but they adjourned without allowing anyone to protest. They knew we wanted to know the results. Please understand that these people are bullies arbitrarily remove members who oppose their thug-like tactics. That's why I am no longer allowed to participate. Our Park contains many rich people who are here only part of the year. They have "life time" lot rents while the rest of us receive raised rents every year. These are the people in charge and they have stated publicly that their goal is to get rid of the "riff-raff."
One man challenged this behavior and now he has received so many bogus complaints, he has been asked by the Owners to leave the Park. Many here are afraid of this attack and can't risk losing their homes.
One man challenged this behavior and now he has received so many bogus complaints, he has been asked by the Owners to leave the Park. Many here are afraid of this attack and can't risk losing their homes.
JamesJ11 (Florida)
Posts: 7
Posts: 7
Posted:
We wanted to object at the meeting but they adjourned without allowing anyone to protest. They knew we wanted to know the results. Please understand that these people are bullies arbitrarily remove members who oppose their thug-like tactics. That's why I am no longer allowed to participate. Our Park contains many rich people who are here only part of the year. They have "life time" lot rents while the rest of us receive raised rents every year. These are the people in charge and they have stated publicly that their goal is to get rid of the "riff-raff."
One man challenged this behavior and now he has received so many bogus complaints, he has been asked by the Owners to leave the Park. Many here are afraid of this attack and can't risk losing their homes.
One man challenged this behavior and now he has received so many bogus complaints, he has been asked by the Owners to leave the Park. Many here are afraid of this attack and can't risk losing their homes.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
As a guideline, here is one state's law:
""""The director shall preserve all precinct election certificates, tallies, and registers for four years after the election. All ballots and stubs for elections other than national elections may be destroyed 30 days after the certification of the state ballot counting review unless an application for recount has been filed and not completed, or unless their destruction is stayed by an order of the court. All ballots for national elections may be destroyed in accordance with federal law. The director may permit the inspection of election materials upon call by the Congress, the state legislature, or a court of competent jurisdiction.""""
I read it to say that unless contested, the actual ballots can be destroyed 30 days after the election was certified.
""""The director shall preserve all precinct election certificates, tallies, and registers for four years after the election. All ballots and stubs for elections other than national elections may be destroyed 30 days after the certification of the state ballot counting review unless an application for recount has been filed and not completed, or unless their destruction is stayed by an order of the court. All ballots for national elections may be destroyed in accordance with federal law. The director may permit the inspection of election materials upon call by the Congress, the state legislature, or a court of competent jurisdiction.""""
I read it to say that unless contested, the actual ballots can be destroyed 30 days after the election was certified.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Hi James:
I have not found an exact date yet, but it potentially would be at least 1 year or 7 yrs depending on what “records area” ballots fall under. I would lean towards the one year, but not definitive until I see it written in maybe a statute or proper agency.
I did find this reference, but no time frame mentioned:
All envelopes and ballots, whether disregarded or not, shall be retained with the official records of the association.
Also found this arbitration case which you might review and it may have info:
Case: http://www.myfloridalicense.com/dbpr/lsc/arbitration/allorders/000177.pdf
I have not found an exact date yet, but it potentially would be at least 1 year or 7 yrs depending on what “records area” ballots fall under. I would lean towards the one year, but not definitive until I see it written in maybe a statute or proper agency.
I did find this reference, but no time frame mentioned:
All envelopes and ballots, whether disregarded or not, shall be retained with the official records of the association.
Also found this arbitration case which you might review and it may have info:
Case: http://www.myfloridalicense.com/dbpr/lsc/arbitration/allorders/000177.pdf
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