WilliamW14 (California)
Posts: 13
Posts: 13
Posted:
In California is there a law that a 3rd party election group to be hired to run the elections
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3rd party election
Started by WilliamW14 • 3 replies • 172 views
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AugustinD
Posts: 1,027
Posts: 1,027
Posted:
Quote:
Posted By WilliamW14 on 09/02/2022 9:16 AM
In California is there a law that [says] a 3rd party [must be selected to inspect elections] to run the elections
In California is there a law that [says] a 3rd party [must be selected to inspect elections] to run the elections
https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5110
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Calif. Civil Code § 5110. Inspectors of Election.
(a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.
(b) For the purposes of this section...An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity...who is currently employed or under contract to the association for any compensable services other than serving as an inspector of elections.
So, William, you aren't required to hire anyone. You may have members (owners) volunteer, as we do, and we always have three inspectors. And though our PM and his asst. may not be involved in tabulation (see above) they do set up the tabulation table, bring the envelopes to the inspector, etc. Our HOA attorney always attends and makes sure the inspectors are proceeding correctly, answers any questions they might have, etc.
I'd say that if you have a very inexperienced board, no property manager who helps, and no attorney who attends, you might want to hire a firm that specializes in this activity. The newish election laws means things have to be done just right and such firms have spring up. Max may know what they typically charge.
Your HOA does have Election Rules, right??? Are you on the board?
(a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.
(b) For the purposes of this section...An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity...who is currently employed or under contract to the association for any compensable services other than serving as an inspector of elections.
So, William, you aren't required to hire anyone. You may have members (owners) volunteer, as we do, and we always have three inspectors. And though our PM and his asst. may not be involved in tabulation (see above) they do set up the tabulation table, bring the envelopes to the inspector, etc. Our HOA attorney always attends and makes sure the inspectors are proceeding correctly, answers any questions they might have, etc.
I'd say that if you have a very inexperienced board, no property manager who helps, and no attorney who attends, you might want to hire a firm that specializes in this activity. The newish election laws means things have to be done just right and such firms have spring up. Max may know what they typically charge.
Your HOA does have Election Rules, right??? Are you on the board?
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