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TomW (Utah)
Posts: 31
Posted:
Our HOA in ski country in Utah, has been holding elections for Board positions by proxy instead of secret ballot as stated in the bylaws. At our most recent HOA Meeting, it was agreed that all future elections will be by secret ballot, and I, along with another member, have been assigned the task to create the proper procedures to follow for a true secret ballot election.
Is there a source where specific instructions for a secret ballot election can be obtained? We have eighty owners, and most live a good distance away, so only about 10-15 owners usually attend the annual meetings.

TomW in Utah.
BrianB (California)
Posts: 2,820
Posted:
a mail in ballot can be used for "secret" balloting, if there are no marks on it to identify a specific owner. simply print the ballots, send them out with a return envelope (SASE, if you are kind), and instructions.

You can hand mark or number each ballot to ensure that they are not copied or altered, but you cannot assign a given ballot to a given owner. For instance, you can mark your ballots #1 to #80, but you cannot maintain a list that states "Ballot #1 went to John Smith, #2 went to Terri Hayes..." etc.
CharlesW1 (Georgia)
Posts: 826
Posted:
I hope the advice that BrianB has given is in fact true. It sounds as if that would help you tremendously. I don’t see why you couldn’t us a mail in ballot as a secret ballot. I would think you could as well. As Brian stated just make certain you don’t write the names of who is receiving them, on the ballots.

Best of luck with it all.
Chuck W.

Charles E. Wafer Jr.
JosephW (Michigan)
Posts: 882
Posted:
You might want to look at California's two envelope system. I copied the following from a CA attorney's blog:

:The association will have to distribute to each and every owner, whether by mail, personal delivery, or otherwise (and I strongly recommend verifying the association records with the method used) a package containing a ballot with measures upon it, but no signature blanks or identifying information, a smaller unmarked envelope into which the ballot is to be placed after the choices are marked, with a larger envelope that has a return address to the inspector of election. The owners will have to have instructions provided so they know what to do. The envelope that is addressed to the inspector will also have to have, in the upper left-hand corner, some kind of indication that the member must provide their name, address, and lot or unit number if they know it (this would be the description of property that entitles them to vote) and there needs to be some kind of notation which lets the owner know they also have to sign their name. If the association does not give owners explicit instructions, and possibly even if it does, in it is fair to assume that not everyone will follow them. The more of an effort the board makes to make it simple for the owners, the "better" the return will be."

A pain, but secret.

Joe


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