Electronic Voting
The information provided on this website is for informational purposes only and does not constitute legal advice.
Overview
California now permits electronic voting for most HOA/CID secret ballot elections, excluding regular or special assessments. However, the process has become more complex, involving additional steps and extending the election timeline. This informational article outlines the updated procedures and provides resources for further information.
Electronic Voting Step by Step:
Electronic Nomination Form Email
Initial Requirements
To implement electronic voting, the association is required by California Civil Code to first update its election rules to allow for electronic voting, providing general notice at least 28 days before the new election rules take effect. These rules must be in place before sending electronic consent forms to members, which occurs at least 120 days before the election (at least 126 days per Condo Elects). Additionally, the annual statement (per California Civil Code § 5310) must inform homeowners how to opt in or out of electronic voting. Without these steps, the association cannot conduct elections using electronic voting.
Notes:
The election rules need to be changed at least 148 days before the election (or at least 154 days if working with Condo Elects). The annual statement needs to reflect the ways homeowners can opt into or out of electronic voting.
Initial Requirements Further Reading:
Electronic Consent Notice
The HOA typically maintains a voter list indicating which members have consented to vote electronically and which prefer paper ballots (Civil Code § 5105). At least 120 days before the election (at least 126 days per Condo Elects), the HOA must send an electronic consent notice via email (if the member has consented and provided an email) or by mail otherwise. This form includes the member’s current voting method, their designated email (if voting electronically), and instructions on how to opt out of electronic voting, along with the opt-out deadline. Members must submit their electronic consent form within 30 days after the date it was mailed or emailed. After this deadline, unit owners cannot switch to electronic voting. At this stage, emails should be verified to ensure they are valid for the election cycle. If a unit owner does not provide a valid email, the association must send them a paper ballot.
Notes:
The electronic consent notice should be sent out no later than 120 days before the election date (however Condo Elects believes it should be mailed out at least 126 days before the election date). This means that the date that Condo Elects requires electronic voting confirmation is usually 96 days before the election at 5:00 PM California time.
How Does Condo Elects Send Out Electronic Consent Notices:
Condo Elects streamlines electronic voting by first collecting voter data from the association. It then sends electronic consent notices via email to those who have permitted individual notice or previously consented and by mail to others. Homeowners have 30 days to update their status—mail recipients enter their unit identifier, email, and preference on Condo Elects' website, while email recipients can confirm with one click. After the deadline, Condo Elects verifies all emails of those who consented and generates the final voter list. The system then automates documents, mailers, and emails, reducing election time at no extra cost to the association while ensuring compliance and record-keeping.
How To Save Money:
Choose a software platform that includes hybrid voting (both electronic and paper ballots) at no extra cost. A true electronic voting system should have this functionality built in and not require additional fees.
Further Reading Electronic Consent Notice:
Electronic Nomination Form Email
If this election is not an annual election, recall, or election by acclamation, you may skip this section. At least 94 days before the election, Condo Elects sends nomination forms via email (for electronic voters) or by mail. Candidates have 30 days from the mailing/email date to submit their nomination forms and candidate statements. Upon receipt—whether via email or through the Condo Elects page—Condo Elects sends an email confirmation with the candidate’s details on the Candidate Registration List and, if provided, a copy of their candidate statement.
Notes:
The nomination form must be completed by the homeowner within 30 days of being emailed or mailed. Condo Elects recommends sending it out at least 94 days before the election, with a submission deadline of at least 64 days before the election at 5:00 PM California time.
Further Reading Nomination Form:
Electronic Pre-Ballot Notification Email
A pre-ballot notification should be sent at least 60 days before the election (at least 62 per Condo Elects) and include the candidate list (for annual elections or recalls), election date and time, and location or Zoom details. If applicable, it should note that a reduced quorum of 20% applies if the initial quorum isn’t met. If mailed, it must include ballot submission instructions; if emailed, it should provide electronic voting details and a method for unit owners’ devices to connect to the voting system. Condo Elects provides this email with a single-factor authentication button for unit owners to verify system access but cannot guarantee the same for other providers of this service.
Notes:
The pre-ballot notification form should be sent out at least 62 days before the scheduled election.
What You Should Look For:
Electronic voting should be seamless. California law requires a connection test, but most systems add friction with extra steps. Condo Elects simplifies this by sending a secure UUID link in a tailored email, ensuring a smooth and effortless voting experience.
Further Reading Electronic Pre-Ballot Notification Email:
Electronic Ballot
An electronic ballot must be sent no later than 30 days (32 per Condo Elects) and authenticate both the member’s identity and the ballot’s validity. It should encrypt ballots for transit, issue a receipt upon voting, and permanently separate identifying information to ensure anonymity. The system must support all paper ballot options, including cumulative, fractional, and write-in voting, while making the process as seamless as possible for homeowners. The ballot email should include candidate statements (if applicable), details on proposed changes with original documents (if applicable), and either a PDF copy or a link to the election rules. It must also comply with accessibility standards and clearly present all relevant information about passing requirements and quorum. Once submitted, the ballot is irrevocable and remains encrypted until quorum is reached.
Notes:
The electronic ballot should be sent out at least 32 days before the scheduled election.
What You Should Look For:
Focus on frictionless voting—easy sign-in via email link and a simplified process to maximize participation. Complexity deters voters. Tools should be affordable for the association while encouraging turnout. Condo Elects provides free inspector services for electronic ballots without write-ins, with costs covered in ballot distribution. This means an association of 10,000 units with only 50 mail-in votes is billed as if it had just 50 voters, not 10,000.
Further Reading Electronic Ballot:
Results
Once quorum is reached and the meeting begins, votes are decrypted. Write-in candidate votes are standardized, as spelling variations must be verified by the inspector of elections. Paper ballots are opened and tallied, and the results are announced. The association receives a certificate and an anonymized tally sheet, distinguishing between electronic and paper ballot votes. All election data is transferred to the association, while the inspector of elections retains the file for one year. The association may review all inspector of elections required electronic data free of charge. With this, the election is officially concluded.
Notes:
The tally sheet, along with the report of who voted and the certificate, should be transferred to the association. The association must have access to this information, which must accurately reflect the data in the inspector of election's software.
What You Should Look For:
Ensure your inspector of elections has hybrid-capable software—one that decrypts and tabulates instantly while tracking rules and streamlining physical ballot input. All data should be clear for review, with automatic generation of the certificate, quorum report, and anonymized tally sheet, distinguishing electronic and paper votes. Only Condo Elects delivers this seamlessly, saving you time and money.
Further Reading Results:
The links above are provided for reference and further reading. Condo Elects is not affiliated with, does not endorse, and does not maintain a business relationship with these sources. These are publicly available resources, and their content is subject to change. For legal advice tailored to your specific situation, please consult an attorney.