CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1265Introduced by Senator WieckowskiFebruary 15, 2018 An act to amend Sections 5105 and 5125 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 1265, as introduced, Wieckowski. Common interest developments: elections. The Davis-Stirling Common Interest Development Act governs the creation and management of common interest developments. The act requires a homeowners association to adopt rules that, among other things, specify the qualifications for candidates for the board of directors of the association and any other elected position, qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. The act requires the sealed ballots to be at all times in the custody of the inspector or inspectors of elections or at a designated location until after the tabulation of the vote.This bill would delete the requirement that the rules specify the qualifications for candidates for the board and any other elected position and the qualifications for voting. The bill would prohibit a rule that specifies procedures for the nomination of candidates from being deemed reasonable if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination. The bill would require the rules to ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities. The bill would also require the rules to require a notice to be provided regarding the return and counting of ballots, nominations, and list of candidates names that will appear on the ballot. The bill would require the rules to mandate that the inspector of elections deliver to each member the ballots and a copy of the election operating rules at least 30 days before an election. The bill would require these rules to prohibit the denial of a ballot to a member and to a person with power of attorney for an owner. This bill would require the voter envelopes and nominee registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to ensure that democratic principles and practices are in place during common interest development elections because common interest development associations function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a municipal government.SEC. 2. Section 5105 of the Civil Code is amended to read:5105. (a) An association shall adopt rules, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election to the board. or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.SEC. 3. Section 5125 of the Civil Code is amended to read:5125. The sealed ballots at all times ballots, voter envelopes, and nominee registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1265Introduced by Senator WieckowskiFebruary 15, 2018 An act to amend Sections 5105 and 5125 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 1265, as introduced, Wieckowski. Common interest developments: elections. The Davis-Stirling Common Interest Development Act governs the creation and management of common interest developments. The act requires a homeowners association to adopt rules that, among other things, specify the qualifications for candidates for the board of directors of the association and any other elected position, qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. The act requires the sealed ballots to be at all times in the custody of the inspector or inspectors of elections or at a designated location until after the tabulation of the vote.This bill would delete the requirement that the rules specify the qualifications for candidates for the board and any other elected position and the qualifications for voting. The bill would prohibit a rule that specifies procedures for the nomination of candidates from being deemed reasonable if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination. The bill would require the rules to ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities. The bill would also require the rules to require a notice to be provided regarding the return and counting of ballots, nominations, and list of candidates names that will appear on the ballot. The bill would require the rules to mandate that the inspector of elections deliver to each member the ballots and a copy of the election operating rules at least 30 days before an election. The bill would require these rules to prohibit the denial of a ballot to a member and to a person with power of attorney for an owner. This bill would require the voter envelopes and nominee registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1265
Introduced by Senator WieckowskiFebruary 15, 2018
Introduced by Senator Wieckowski
February 15, 2018
An act to amend Sections 5105 and 5125 of the Civil Code, relating to common interest developments.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1265, as introduced, Wieckowski. Common interest developments: elections.
The Davis-Stirling Common Interest Development Act governs the creation and management of common interest developments. The act requires a homeowners association to adopt rules that, among other things, specify the qualifications for candidates for the board of directors of the association and any other elected position, qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. The act requires the sealed ballots to be at all times in the custody of the inspector or inspectors of elections or at a designated location until after the tabulation of the vote.This bill would delete the requirement that the rules specify the qualifications for candidates for the board and any other elected position and the qualifications for voting. The bill would prohibit a rule that specifies procedures for the nomination of candidates from being deemed reasonable if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination. The bill would require the rules to ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities. The bill would also require the rules to require a notice to be provided regarding the return and counting of ballots, nominations, and list of candidates names that will appear on the ballot. The bill would require the rules to mandate that the inspector of elections deliver to each member the ballots and a copy of the election operating rules at least 30 days before an election. The bill would require these rules to prohibit the denial of a ballot to a member and to a person with power of attorney for an owner. This bill would require the voter envelopes and nominee registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation.
The Davis-Stirling Common Interest Development Act governs the creation and management of common interest developments. The act requires a homeowners association to adopt rules that, among other things, specify the qualifications for candidates for the board of directors of the association and any other elected position, qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. The act requires the sealed ballots to be at all times in the custody of the inspector or inspectors of elections or at a designated location until after the tabulation of the vote.
This bill would delete the requirement that the rules specify the qualifications for candidates for the board and any other elected position and the qualifications for voting. The bill would prohibit a rule that specifies procedures for the nomination of candidates from being deemed reasonable if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination. The bill would require the rules to ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities. The bill would also require the rules to require a notice to be provided regarding the return and counting of ballots, nominations, and list of candidates names that will appear on the ballot. The bill would require the rules to mandate that the inspector of elections deliver to each member the ballots and a copy of the election operating rules at least 30 days before an election. The bill would require these rules to prohibit the denial of a ballot to a member and to a person with power of attorney for an owner. This bill would require the voter envelopes and nominee registration list to be in the custody of the inspector of elections or at a designated location until after vote tabulation.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to ensure that democratic principles and practices are in place during common interest development elections because common interest development associations function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a municipal government.SEC. 2. Section 5105 of the Civil Code is amended to read:5105. (a) An association shall adopt rules, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election to the board. or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.SEC. 3. Section 5125 of the Civil Code is amended to read:5125. The sealed ballots at all times ballots, voter envelopes, and nominee registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. It is the intent of the Legislature to ensure that democratic principles and practices are in place during common interest development elections because common interest development associations function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a municipal government.
SECTION 1. It is the intent of the Legislature to ensure that democratic principles and practices are in place during common interest development elections because common interest development associations function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a municipal government.
SECTION 1. It is the intent of the Legislature to ensure that democratic principles and practices are in place during common interest development elections because common interest development associations function as quasi-governmental entities, paralleling in almost every way the powers, duties, and responsibilities of a municipal government.
### SECTION 1.
SEC. 2. Section 5105 of the Civil Code is amended to read:5105. (a) An association shall adopt rules, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election to the board. or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.
SEC. 2. Section 5105 of the Civil Code is amended to read:
### SEC. 2.
5105. (a) An association shall adopt rules, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election to the board. or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.
5105. (a) An association shall adopt rules, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election to the board. or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.
5105. (a) An association shall adopt rules, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.(3) Specify the qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election to the board. or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.(4) Specify the qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:(A) Appointment of the inspector or inspectors by the board.(B) Election of the inspector or inspectors by the members of the association.(C) Any other method for selecting the inspector or inspectors.(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.(8) Require notice to be provided of all of the following:(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.(B) The date and location of the meeting at which ballots will be counted.(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.(2) Prohibit the denial of a ballot to a person with power of attorney for a member.(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:(A) A copy of the election operating rules.(B) The ballot or ballots.
5105. (a) An association shall adopt rules, in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:
(1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.
(2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.
(3) Specify the qualifications for candidates for the board and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating himself or herself for election to the board. or if it disallows a member from being nominated for any reason other than not being a member at the time of the nomination.
(4) Specify the qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.
(5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:
(A) Appointment of the inspector or inspectors by the board.
(B) Election of the inspector or inspectors by the members of the association.
(C) Any other method for selecting the inspector or inspectors.
(6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.
(7) Ensure that the meeting at which ballots are counted is accessible to seniors and persons with disabilities.
(8) Require notice to be provided of all of the following:
(A) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections.
(B) The date and location of the meeting at which ballots will be counted.
(C) The procedure and deadline for submitting a nomination, which shall be provided at least 30 days before that deadline.
(D) The list of all candidates names that will appear on the ballot, which shall be provided at least 30 days before the ballots are distributed.
(b) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.
(c) Notwithstanding any other provision of law, the rules adopted pursuant to this section shall do all of the following:
(1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.
(2) Prohibit the denial of a ballot to a person with power of attorney for a member.
(3) Require the ballot of a person with power of attorney for a member to be counted if returned in a timely manner.
(4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:
(A) A copy of the election operating rules.
(B) The ballot or ballots.
SEC. 3. Section 5125 of the Civil Code is amended to read:5125. The sealed ballots at all times ballots, voter envelopes, and nominee registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.
SEC. 3. Section 5125 of the Civil Code is amended to read:
### SEC. 3.
5125. The sealed ballots at all times ballots, voter envelopes, and nominee registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.
5125. The sealed ballots at all times ballots, voter envelopes, and nominee registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.
5125. The sealed ballots at all times ballots, voter envelopes, and nominee registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.
5125. The sealed ballots at all times ballots, voter envelopes, and nominee registration list shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots available for inspection and review by an association member or the members authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.