Election Notice: Number of Days

Started by SusanS9 • 4 replies • 1353 views

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SusanS9
Posts: 56

Posted:

If board left a candidate off the ballot, and has to send out letter retracting the ballot with instructions that members must discard all election materials and use new ones, does the date of the election meeting need to be delayed so that members have 30 days notice (specified in election rules) from when new election materials are sent out (postmarked)? Is there a problem if there are only 29 days? Could the election be challenged and voided?

MaryA1
Posts: 6,993

Posted:

Susan,

I guess someone might want to challenge the new date; but do you really think a judge would rule the election invalid because of one day? IMO, I doubt anyone will even notice the error!

SusanW1
Posts: 5,197

Posted:

Only if someone objected and called a point of order at the election meeting. (This mandatory schedule of 30 days is one of those "non suspendable" rules since its violation affects the voting rights of members.)

If that should occur, set the date for another meeting with the purpose of electing officers. Give proper notice and resend the ballot again.

PS - do you accept floor nominations or write-ins, too?

GlenL
Posts: 5,429

Posted:

Actually in California the OP's state it's the law not a Covenant requirement.

Civil Code §1363.03. Election Procedures, Secret Ballots, Inspectors of Election.

(e) Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting. In order to preserve confidentiality, a voter may not be identified by name, address, or lot, parcel, or unit number on the ballot. The association shall use as a model those procedures used by California counties for ensuring confidentiality of voter absentee ballots, including all of the following:

However since judges are not required to overturn elections over minor violations IMHO the person protesting the election would need to prove that they were adversely affected by this not merely inconvenienced.

SusanS9
Posts: 56

Posted:

Yes, accept write-ins and floor nominations.

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