HELP! Proxy Ballots with Write In _____ Names

Started by BernieJ • 10 replies • 317 views

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BernieJ (Virginia)
Posts: 31

Posted:

I received the notice of the annual meeting with the attached proxy that named 3 candidates for 3 open seats and a space to write in a name. One of the candidates asked another homeowner to run alongside with him and wrote that candidates name wrote the homeowners name on the "write in" line.
While soliciting neighbors for their proxies, someone complained that this proxy should be invalid because it was not cleared with the community manager and was not on the original ballot. He was soliciting the proxies on behalf of the write-in name who is named as the proxy holder at the top.
Is there any reason that this proxy should be declared "invalid" the way it is prepared?

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AugustinD
Posts: 1,027

Posted:

BernieJ, I want to see if I understand the facts correctly here. Are you saying:

Candidate John obtained a stack of proxy forms with nothing filled in on them. On each proxy form: (1) under the "constitute and appoint" section, Candidate John wrote-in his name; and (2) in the "write in" section, Candidate John wrote in his neighbor Sally's name.

Candidate John then proceeded to knock on neighbor's doors and ask them to sign the proxy form.

Is this correct?

Assuming Candidate John did nothing deceptive, and preferably asked each neighbor to confirm that the write in section (showing Sally's name) was okay with the neighbor, then technically, I do not see a problem.

But practically, I can see a board, that wants to stay entrenched, making trouble for candidate John; making the argument you gave in your first post here; and trying to disqualify the proxy form.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Along with what Aug said. If properly dated and signed by an owner, it does not matter how they got the proxy. A proper proxy could be hand written on toilet paper.

BernieJ (Virginia)
Posts: 31

Posted:

Please open the attachment and look at the Proxy. I named myself as the appointed proxy holder. John who was on the Proxy statements that were mailed added my name as a write-in. He then took copies of that proxy door to door and asked homeowners to sign it on my behalf, as the proxy holder.
The homeowner is complaining that the proxy ballot is invalid.

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AugustinD
Posts: 1,027

Posted:

BernieJ, I looked at your first attachment before posting earlier. I looked at your second attachment just now. My answer does not change.

If I were on a board and received the complaint you described, then I would point out to the board that anyone signing her/his name to a proxy form has a responsibility to read what they are signing. Hence once signed the proxy forms that you attached are legitimate to me. I would vote to allow the proxy form.

But entrenched, dictator-like, power-hungry, anti-fair-election boards can be difficult. Boards can say "no" to anything regarding proxies and force an owner to lawyer up.

I suppose best practices would be to not fill out anything in advance on a proxy form, and let the neighbor fill out the form per the door-knocker's request.

Sorry there's no slam dunk here.

BernieJ (Virginia)
Posts: 31

Posted:

Thank you Aug. I really appreciate you taking the time to help me understand the dynamics I am dealing with. I will approach it with caution and show as much respect as I can to the decision makers.

BernieJ (Virginia)
Posts: 31

Posted:

Again, thank you all for your objective feedback. I was able to talk to the community manager and it turns out, she had not seen the proxy that I had attached previously. When a homeowner called her about it, that lead to a suggestion that it was invalid.
She looked it over and agreed that there was nothing wrong with it and all proxies will be counted if they are properly witnessed and signed. Whew! I will let you know Monday if I get enough votes to be elected.

AugustinD
Posts: 1,027

Posted:

Way to stick with just the facts. Kudos to you and the manager for figuring this out, and I presume with civility.

MaxB4
Posts: 3,513

Posted:

I have an issue with the terms of office. I would have to see the Bylaws or Articles of Incorporation for clarification. 3 and 2 year terms are how it would have been at the very first election to get staggered terms for a three person board.

BernieJ (Virginia)
Posts: 31

Posted:

There are five board seats, two are safe for the next year. One open seat is for a director who resigned. He was elected last year for three years, his seat will be replaced for the two remaining years. The other two seats are for three years.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I must be missing something.

I have no issue with directors soliciting proxies (in my community, proxies only count toward quorum). I do have an issue with directors collecting actual votes, which is what this form looks like to me. Even if the bylaws or state law don't address election security, such an unsecured system is asking for trouble.

Somebody please tell me that directors aren't asking people to vote and then collecting the paper ballots on the spot.

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