Voting

Helene,

There needs to be someway to verify that individuals don't vote twice.
When voting by mail, this is typically accomplished via the two envelope system.

If you are unaware of how that works, the basics are: the marked ballots are placed in a sealed envelope. This envelope is then placed inside another envelope that includes your name and return address. The election official can then mark your name off as having voted and remove the inner envelope which would be opened and counted with the other ballots when the polls close.

Since your Association sent information via e-mail, they are likely just trying to identify a way to ensure someone doesn't vote twice. What you describe certainly isn't the best way but it appears to be the way they chose.

NOTE: If your governing documents or applicable State laws require that election of directors are done via secret ballot, requiring your name on the ballot would violate that requirement. However, if your governing documents or applicable State laws do not require a secret ballot, your Board may chose the method they have chosen to ensure members don't vote twice. Again, what they are doing is not the best way to do that but it may have been all they could think of at the time.

My suggestion would be to first check your governing documents to see if there is a requirement for a secret ballot. Then contact your Board, tell them of your findings and concerns and suggest that they use the double envelope method vs. the method they have chosen. This way you are not only identifying an issue but offering a method to resolve the issue.

Hope this helps,

Tim

Thanks for your quick response Tim.

I'm so rattled I probably didn't make myself clear. We are not voting by mail but in person at the Annual Meeting. We are required to have a check-in process at the location of the Annual Meeting for the purpose of confirming that each person handed a ballot is a qualified voter, not unlike voting in a town, state of federal election.

No one need know how anyone cast their vote!

Helene

JH,

Inspector of elections DO and CAN have a bearing on the outcome of an election, especially 3rd parties, such as a property manager. I know first hand.

I would think that it would be a proxy (general or directed) or a ballot.
I would be concerned if my Association tried to combine the two onto one form.

Paul, thanks for your reply. Our Declaration requires a "live" meeting and election is by ballot of the unit owners. However, this is the first time in the 8 years I have been here that ballots were sent out to the unit owners in advance of the meeting. Proxies, yes.
In the past a unit owner attending the meeting had to be checked against a list of qualified voters and when that was confirmed they were handed a ballot in exchange which not require their name or address. Not unlike going to the polls in a local, state or Federal election. No one knew who you voted for. If you were holding a proxy or proxies the check in person checked to be sure the proxy was properly executed( and yes, your name had to be on it )then you signed the list as a proxy holder and were given a ballot in exchange. Again, no one knew how you voted. Directed proxies were handled separately. I'm curious Paul, if the Declaration doesn't say 'vote by ballot' and your meeting was "live" how would you vote? Surely not by a raise of your hands!

Anyway, I have checked with an attorney and secret balloting is not required in Ct. I think there will be protests at the meeting because folks have come to expect that their vote will remain confidential.

The good thing is that there are educated members such as yourself that can do just that.

Thanks for the update.

Tim