HOA Election and Bylaws

Hello, everyone on this forum are so helpful and insightful. THANK YOU!

I have a question about our HOA Board election procedures. Our Bylaws say the Board election must be by secret, written ballot. The current Board has created what they call "alternative election procedures" that have homeowners placing their completed ballots in an envelope with an index card identifying them by name and address, the card is to be signed by the resident and placed in the envelope with the ballot. The ballot and id card are the only contents in the envelope. How can be considered a secret ballot?

Also, the absentee ballots were sent out without all the candidates' names--a candidate was left off. No new absentee ballots were sent out but residents who inquired about an accurate ballot were told they could just vote by sending an email to the management company. Again, doesn't this violate the Bylaws?

If the Bylaws are not followed--does that make the election invalid?

There are also some other procedures that don't seem appropriate but the above are the biggest concerns of residents.

We live in PA in a 55+ community of single-family units with an HOA Board of 5 members -- 3 of which will be elected in this current election.

Thank you for any experience or insight you wish to share.

Peg,

It does not sound if if was secret - and, there are accepted procedures for making ballots secret, which usually relate to different sealed envelopes. This invalidates the election.

Leaving some name(s) off the ballot? This invalidates the election.

Start over.

I just rewrote CA "Election Rules" for our HOA based on a template from our legal counsel. It was tedious, but I feel I'm current on some of these issues. Caveat: these are for Calif. PA may have statutes for HOA elections that Peg might look into.

Secret ballot means exactly that. No one may know who voted for any candidate (or other matter requiring secret ballots). If anyone sees a voter's name, even if only for a moment, it's no longer secret.

It seems like posters from most states on this forum have described the double envelope system to make sure ballots are kept secret.

A ballot without the names of all candidates wouldn't be valid OR ethical, assuming this candidate submitted all materials to the board by the deadline. WHO told voters they could simply send an email with the additional name on it?

But, what will you do about it, Peg? Can a bunch of you who protest this sloppy, invalid and perhaps illegal election go to the annual meeting and object to the violation of your Bylaws?

Can several of you write to the Board c/o the PM (if you have one--do you? ) and all quote your Bylaws on the secret ballot issue. Can you do this before the annul meeting? When is it?

Can you quote your Bylaws exactly on this topic?