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ThomasC11 (California)
Posts: 210
Posted:
Is the Inspector of Elections still the one who determines the closing of the polls for an Election.

Civil Code §5105 - Election Rules says:

Specify the qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.

Does the word "TIMES" mean, when Inspector feels like closing polls or is there supposed to be an advertised opening and closing voting period, much like US Elections?
SheliaH (Indiana)
Posts: 6,964
Posted:
This reads like something precedes the rule you quoted and that could be important to your answer - please provide.

On its face,it would only make sense there would some sort of start and finish for the election, as they shouldn't go on and on forever. Your documents may provide more information - check them. Generally, HOA boards send out a notice announcing when an election is to take place (e.g. at the annual meeting) and the deadline when proxies should be submitted (if appropriate). The election itself (e.g. for board members) would occur at the meeting, and that should include the opening and counting of the proxies submitted.

As for the inspector, I would imagine the inspector is there to ensure all votes presented are counted accurately and that the people casting them are, in fact, eligible to cast them. The inspector doesn't necessarily dictate the length of time of the election. Read your documents - they should state how the election should be held.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RichardP13 (California)
Posts: 3,868
Posted:
Thomas

What you posted, §5105, states the association shall adopt rules that do the following, including what you posted. Doesn't mean that the inspector sets the time.

If the association has rules, the inspector is there to follow those rules. Most likely the Board will set the time for which polls will close and IF done properly, should be provided in the packet containing the ballot sent thirty days prior to the actual meeting where the ballots are opened, ONCE quorum, if any, is established.

Does your association have published Election Rules? If not, it is pretty much a crap shoot
ThomasC11 (California)
Posts: 210
Posted:
We have Election Rules from 2006. Bill SB61 is referenced.

They say Inspector determines when polls close, just wondering if things are different now and a closing time is required to be published, along with the start time.
RichardP13 (California)
Posts: 3,868
Posted:
Thomas

Does yours state the following?

3.3.6 determine when the polls shall close;

If so, then the inspector, not the Board determines when the polls will close.

Here is the problem though. Unless your rules have your association's name on them and were properly adopted, they are pretty much worthless. In 2006, when new Civil Code was enacted for elections, many law firms were sending their set of rules out to associations but Board and/or management companies never followed proper procedures for their adoption.
KerryL1 (California)
Posts: 14,550
Posted:
You've had questions previously about your recent election, Thomas. What is it about the polls closing time that disturbs you? Is th polls closing time not on your annual meeting agenda???

Our Ballots materials that are sent to owners 30 days before the election state: the ballots must be returned to the Inspectors of Election c/oxxx by 5pm, xxx, 2016. This cover letter also says Owners can bring their ballots to the Annual meeting at 6pm, date/time.

But very few, maybe two actually bring them. At the annual meeting, on the agenda, the prez or our attorney asks if there are any nominations from the floor. There never are. Then the announcement is made to turn in your ballots to the Inspectors. So the 1-2 voters do so. Then, as written on the agenda, the Attorney or prez says. The polls are now closed.
ThomasC11 (California)
Posts: 210
Posted:
The question here is whether there needs to be a pre-announced time stating when the polls close the night of the election.

Or is it some random decision, according to the Inspector of Elections?
KerryL1 (California)
Posts: 14,550
Posted:
I Worte above, Thomas, how we do it here in my HOA. Our HOA attorney always attends and seems very knowledgeable about CA statutes on this topic. In addition our very experienced MC chief officer always attend too. The agenda is like any other. One of the times as suggested above is that any attendees who've brought ballot with them turn them over the to the inspectors outside of our meeting room at a table. Once those 1-2 voters do so, the prez or attorney announces that the polls are closed.

Our agenda contains no times as some do. But the Annual Meeting always starts at 6pm, there are introductions, minutes from last year approved, etc. I'd say that we very typically "close the polls" at about 6:15. I do not think that there are any laws that says what time the polls must close must be on the agenda or in the voting packet.

since your HOA seems to not have any real election rules, now that you're on the Board, why not volunteer to write some and get them approved?
ThomasC11 (California)
Posts: 210
Posted:
We do have Election Rules, they state IOE shall determine when polls open and close.

Could use some rewriting, but for now, does that imply that closing time is preannounced or just whenever IOE feels like it?

We had many people turned away at Recall Election, only finding out polls were closed when they went into the Clubhouse to vote.

Seems there should be a preannounced time, not an arbitrary one to avoid this.
KerryL1 (California)
Posts: 14,550
Posted:
Look, Thomas, I know you're disappointed with the election results. The best you can do is to make sure all Owners know in the ballot packets they get in mail that they need to be at the annual meeting on time--when it starts--to make sure their votes are counted. I'd also urge them to mail in their ballots vs. use proxies given that PERHAPS 4 weren't counted properly

Or, you can persuade the board, now that you're on it, to specify a time in the ballot mailings instructions. You have too many important things to do right now than continuing to worry about the last election and 4 proxies and s # of Owwners allegedly not being allowed to vote because they came too late.
ThomasC11 (California)
Posts: 210
Posted:
The best I/we can do is have the Judge see that there were irregularities with the night of the Recall.

So this is the most important thing I have going right now since our Brief was due at 5.

In the future, I will make sure that the closing time of polls is advertised, just like with Presidential Election.

Thank you for your assistance.

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