Election Question: Candidate no longer wants to be on ballot.

Started by JasonS15 • 4 replies • 1940 views

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JasonS15 (California)
Posts: 15

Posted:

We are in California. We had an election where we had four candidates running for two seats on the Board of Directors. One candidate decided that they no longer wanted to run. To our knowledge they did not notify anyone but the inspector of the elections just before the count was told to the members, the day of the election. We think that the inspector of the elections just crossed the candidate off the tally list.

Is this fair? Can the election be challenged because people who voted for the candidate could have voted for someone else if they had been notified?

Any ideas? Our Bylaws do not address this scenario and I have yet to find a part of California Civil Code that does.

Thank You,
J15

CarolR11 (Colorado)
Posts: 2,563

Posted:

Welcome to HOATalk, Jason.

Here's an answer for you : "WITHDRAWAL OF CANDIDATE"

"QUESTION: Our annual meeting is coming up and we have two seats up for election. One of the four candidates running for the board withdrew after the ballots were sent to members. Our bylaws have no provision for this situation.

ANSWER: Everyone who voted for this former candidate unfortunately wasted their votes. The two people with the highest votes (other than the former candidate) will be the winners. You should still report all vote tallies, including those for the person who withdrew. The outcome could be different if the candidate dies."

Read more: Withdrawal of Candidate http://www.davis-stirling.com/tabid/2802/Default.aspx#ixzz2fpv1xsFy
from Davis-Stirling.com by Adams Kessler PLC.

-----------------------

This may only apply to CA, Jason. Davis-Stirling.com is an excellent source for members of CA HOAs. In you case, I just scrolled through their Main Index to elections, and looked through that Menu till I came to #11.

RichardP13 (California)
Posts: 1,767

Posted:

Jason

There is no easy solution. Civil Code 1363.03 states that HOA elections should be closely modeled after County elections, the proper person to notify would have been the inspector of election.

There is really no fair way to notify the owners that someone withdrew, so when the after striking that candidate off the list, the two highest vote getters are elected.

Not a lot of difference when a candidate running for public office passes away during the elections, and somehow WINS.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Considering how HOA boards are volunteer, it doesn't matter whether a candidate stays or leaves their name on the ballot. The vote is wasted if the candidate doesn't tell his/her supporters as you'll not compel a person to serve.

DaveD3 (Michigan)
Posts: 796

Posted:

Scratch their name, go with the next two highest votes.

Or put them on the board, they immediately resign, board has an open position and fills it with the next name on the ballot list.

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