Voting...

Voting by mail you need someway to track them. The double envelope method appears to be the best I've heard about.

You should also verify that some applicable State law allows membership vote by proxy. If it does, you might not be able to eliminate proxies.

Another option you might consider is the use of directed proxies. A directed proxy instructs the proxy representative to vote in a specific way. This way you wouldn't have to change the governing documents. Just start using directed proxies vs. general proxies.

Currently, the bylaws state that a quorum is reached by X number of members in attendance or by proxy; no clarification whatsoever after that. Also, no voting guidelines, other that one vote is allowed per lot and the member must be at least 21 years of age. Can the "2 envelope" method also be used for the directed proxy? Should there be a standard format for the proxy, and should the bylaws stipulate that directors should not be the assignee of the proxy? Again, thanks.

No intention of complicating things; just asking questions to be clear. I appreciate everyone's input; thanks a bunch!

Terry we combined a secret ballot with the proxy and use the two envelope system. The margins might be a little wonky after I changed the names but this is the proxy the H/O's receive along with a ballot that lists the names of known candidates and spaces for write ins.

All

What need is there for a secret ballot?

Thanks

John,

It depends on State laws and your own governing documents.

For us, it's in our governing documents: "Section 2.Election. Election to the Board of Directors shall be by secret written ballot."

Do I believe in secret ballots?

It doesn't matter. My governing documents specify that secret ballots be used. Therefore, I will comply with them.

I do believe that an individual should be able to vote for whomever they desire without fear of intimidation or retribution. If secret ballots are required for this to happen, then I support them.

John, I just didn't find it fair that members who signed in at the Annual Meeting got a ballot they didn't have to sign but the people who used a directed proxy did. Now we could have made the people at the meeting sign the ballots but this way just seemed more equitable. Plus Board members are after all human and there are some winners and losers that want to review that ballots, this just prevents bad feelings when you find out your BBF didn't vote for you.

Terry,

The two envelope system is similar to what Glen included as an attachment.

member fills out ballot

member places ballot in envelope marked ballot and seals it.

member places that envelope into another envelope to mail to Association.

Association can verify the outer envelope as coming from a member allowed to vote.

Association removes inner envelope that contains the ballot (does not open it) and places them with other ballots to be opened when polls close.

This allows a member to cast their vote secretly and prevents the Board and/or election committee from knowing how the election is going until the polls close.

Correct

Glen

At a Voting Meeting when one shows upto vote in oerson, they must register, be verified as eligible, and sign for a ballot. While not signing the ballot, the ballot is numbered and recorded.

Not exactly secret, but the HOA police will not be after you if you did not vote as we instructed you to, Comrade..LOL

John,

Earlier in the thread you mentioned that you thought secret ballots were confusing.
Would you explain why you see them as confusing?

Tim

What you need to remember is that once the results are announced the actual ballots, proxies, tally sheet, sign-in sheet, etc. are now part of Association records and available for inspection by any member who desires. Therefore, the results of the election can be verified by the member. The member just isn't able to easily determine who voted for whom.

Lawrence our ballots are not numbered, kind of defeats the whole secret ballot thing. Even when you go to vote, they separate the ballot ID from the ballot and they go in two separate boxes to insure the ballot is theoretically secret.

Terry, to follow up on tim's observations: The outside envelope must have the owner's name and HOA address printed on it and the signature of that owner. The inside envelope in which the voter inserts the ballot has nothing on it. They are brought to or mailed to our Mgmt. Co. office on our premises, who stores them in a safe place until election night.
One or three inspectors of Election are appointed by the board from h'owner volunteers. The inspectors may not be co-owners with the candidates or related to them. At the annual meeting, the Board prez asks if there are any more who wish to vote. If so, usually only one or two, they vote and the polls are closed. Where any 'h'ownr can observe them, the inspectors open the outer envelopes, remove the ballot envelopes, shuffle the ballot envelopes and tabulate the results. The ballots must be kept for one year.

For more, Terry, visit davis-stirling.com keeping in mind that the Civil Code cited is specific to Cali. Still the details might be helpful. Our HOA is happy to comply.

I do not think that protecting voters' privacy is paranoid--it is like local and national elections in the USA. I was a poll watcher in Chicago--the city, not the 'burbs, and believe the elections in my high-turnout ward were honest.

I also lived in NC in the early '90s and because so many women at that time seemed so deferential to their husbands, I asked a woman who'd lived there for many years how it happened that so many more women voted for a particular political party than men. They all seemed to agree with their husbands' opinions. She replied, "secret ballots."

Thanks all for the continuing comments; good stuff!