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JerryV (Florida)
Posts: 45
Posted:
Our annual meeting is in two weeks. We just received our membership packets which included an absentee ballot (if needed). Unlike in the past, this ballot has a handwritten number in the corner which concerns me because ballots are supposed to be anonymous. I plan on bringing this to the board's attention but wanted to run it past HOATalk group before hand. Thoughts?
CathyA3 (Ohio)
Posts: 6,299
Posted:
My first thought is that they're trying to come up with a way to identify legitimate votes and prevent duplicates. It's unlikely that anyone is trying to keep tabs on who is voting for whom, but it's possible.

The only thing I'd suggest is that the ballots be submitted in plain envelopes, hold them unopened until the actual vote count takes place, and have them opened by a neutral third party or the election monitors at the meeting.
RichardP13 (California)
Posts: 3,868
Posted:
You can identify the outer envelope. If the ballot itself is marked in order to potentially identify how a owner voted, it no longer becomes a secret ballot.
JerryV (Florida)
Posts: 45
Posted:
When I served on past boards, we never ID'd the ballots but verified authenticity by the return address on the envelope marked "ballot" which was not opened until the meeting. I'm actually concerned about it because we have a nominating committee of 1 who deliberately left off candidate names because he did not "like" that person. But that's another story.
RoyalP
Posts: 1,104
Posted:
in 'my' HOA absentee ballots MUST be signed and are NOT secret

only voters in person are issued 'secret' ballots

Section 4. Voting for Directors and Proposed Operating Budget shall
be limited to one (1) vote per household in good standing. No household in
arrears of payment of dues, or fines, shall be allowed to vote. All absentee
ballots shall be signed and submitted in sealed envelopes, prior to the
election, to be opened election night by the Election/Ballot Committee.
JerryV (Florida)
Posts: 45
Posted:
That's what I'm concerned about, Richard.
JerryV (Florida)
Posts: 45
Posted:

Well, I just checked our most recent By-Laws and sure enough we changed procedure so that absentee ballots are to be signed and not opened until the annual meeting.
Thanks anyway to all who responded...sorry to have wasted your time!
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By JerryV on 02/10/2019 11:42 AM

Well, I just checked our most recent By-Laws and sure enough we changed procedure so that absentee ballots are to be signed and not opened until the annual meeting.
Thanks anyway to all who responded...sorry to have wasted your time!

In California, ballots would be the actual ballot as well as the two envelopes, of which the outer envelope is signed. The same hold true for presidential elections.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By RoyalP on 02/10/2019 11:08 AM
in 'my' HOA absentee ballots MUST be signed and are NOT secret

only voters in person are issued 'secret' ballots

Section 4. Voting for Directors and Proposed Operating Budget shall
be limited to one (1) vote per household in good standing. No household in
arrears of payment of dues, or fines, shall be allowed to vote. All absentee
ballots shall be signed and submitted in sealed envelopes, prior to the
election, to be opened election night by the Election/Ballot Committee.

Just to show differences between states, but within the same state. I am in SC as is PITA.

Our docs allow voting in person or via a Proxy with no reference to sealed envelopes, who opens what/when, etc. Very loosey goosey. Fortunately, we have never had an issue....yet...LOL

GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By JerryV on 02/10/2019 11:42 AM

Well, I just checked our most recent By-Laws and sure enough we changed procedure so that absentee ballots are to be signed and not opened until the annual meeting.
Thanks anyway to all who responded...sorry to have wasted your time!

It's a good subject, Jerry, and often generates a good discussion. Not a waste of time at all IMO.

You're in Florida so in large part the election procedures have different legal requirements depending on whether you're in a condo or a homeowners association. Condo associations have to follow very specific election procedures and methods. An HOA, on the other hand, is very much on its own since FS 720 leaves just about all election specifics up to the individual HOA's bylaws.

If an HOA wants to allow anonymous and/or mail-in absentee ballots in elections then the bylaws have to specifically authorize it. There's no statutory right in an HOA for anonymous voting. If your bylaws say something different then you're good to go with whatever procedures the bylaws call for.

My HOA is the exact opposite... our bylaws say almost nothing about election procedures. There's no provision for anonymous ballots and the fact that we've been using them for years is, according to a couple of attorneys, actually illegal. Like John, we're lucky no one has made a stink about it (yet).

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