AB-2159 (Maienschein) Common interest developments: association governance: member election

Would authorize the use of electronic secret ballots.

Current Status: Pending

FindHOALaw Quick Summary:

Existing law requires elections concerning the governance of common interest developments to be held by secret ballot in accordance with certain procedures.
This bill would amend Civil Code Section 5115 and add Civil Code Section 5116 to authorize an association to conduct an election by electronic secret ballot unless the association’s governing documents provide otherwise. If an electronic secret ballot is conducted by internet website, the bill would require individual notice of the ballot be delivered to each member and would require that notice to also include specified information, including instructions on how to vote by electronic secret ballot. The bill would specify that an electronic secret ballot is effective when transmitted and irrevocable. The bill would prohibit the use of an electronic secret ballot unless the association creates procedures that provide an opportunity for members to vote by written secret ballot.
**On April 1, 2024, AB 2159 was amended to require that an association that conducts an election by electronic secret ballot to ensure that the ballots provide a method to authenticate the member’s identity and a method for the member to confirm that their electronic device can successfully communicate with the online voting system:
(d) An association that conducts an election by electronic secret ballot pursuant to this section shall ensure that all of the following conditions are satisfied:
(1) Electronic secret ballots shall provide each member with all of the following:
(A) A method to authenticate the member’s identity to the online voting system.
(B) For an election of directors, a method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot.
(C) A method to confirm, at least 14 days before the voting deadline, that the member’s electronic device can successfully communicate with the online voting system.
(2) The online voting system utilized by the association shall have the ability to accomplish all of the following:
(A) Authenticate the member’s identity.
(B) Authenticate the validity of each electronic vote to ensure that the vote is not altered in transit.
(C) Transmit a receipt from the online voting system to each member who casts an electronic vote.
(D) For an election of directors, permanently separate any authentication or identifying information from the electronic election ballot, rendering it impossible to connect an election ballot to a specific member.
(E) Store and keep electronic votes accessible to election officials for recount, inspection, and review purposes.
(e) For purposes of determining a quorum, a member voting electronically pursuant to this section shall be counted as a member in attendance at the meeting. A substantive vote of the members shall not be taken on any issue other than the issues specifically identified in the electronic vote.
**On April 15, 2024, AB 2159 was amended to prohibit the use of electronic secret ballots for levying regular or special assessments:
(l) The association shall not use an electronic secret ballot for levying regular or special assessments, as provided for in Chapter 8 (commencing with Section 5600).
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