Constitutional Right... I
IT IS OUR regardless of yourf candidates, most of usf
t seems like all everyone can talk –k or argue! – about over the last year or so has been the upcoming presidential elections. Whether you prefer elephants or donkeys, and preference of the current presidential can agree that voting is important.
It is our Constitutional right, and for women and people of color, this right was particularly hard-foughty
to earn. You
could argue that it is the voice or “the say” we have in how this country mayy
y be run. Many
how thew election process in the United States of Americaf
y off us have a hazy understandingy p
the age of 18 and who have registered to vote cast their ballots for electors Electoral College.
works: citizens who have attained g
in the
The electors arethe intermediaries who usually have pledged to vote for a particular presidential and vice presidential candidate. The electors in the Electoral College cast their votes and the presidential and vice presidential candidates who receive the absolute majority of electoralf
votes (currently 270)y are elected president and
vice president, respectively. The Twelfth Amendment provides for a process of electingf
election process, a candidate may bey by winningy
the absolute majority iny y Association board of directorf a
president and vice president if the Electoral College fails to arrive at a majority fory
the Electoral College,
though not having succeeded in winning the popular vote (cast by citizen
votes), as we saw back ink 2000. elections have their own
due process, spelled out in the Illinois Common Interest Community Associationy Property Act,y
Act or the Illinois Condominium as well as in the association’s governing
documents. Each association may vary a little in the particulars, so it’s best to consult the declarations and bylawsfirst for complete details regardingyour association’s specific election processes.
CANDIDATE NOMINATIONS Similar to a caucus, an association will usually send
y out
notices to its homeowners that an election is forthcoming, the number of board positions to be filled, and a process to nominate themselves or anyone else as a candidate to run for the board (usually throughy
submitting an application
form). Nominated candidates and any submitted information (i.e., background information, reason for running, platforms, etc.) can be summarized and published to the owners along with proxy formsy
(to be discussed in the
following topic) and other election notification information (date, time, location). If anf company, they willy
usually handley
association has a management these tasks.
either candidate. Due to this indirect elected president
of
PROXIES
A proxy isy the written authorization that allows one person to appoint another (the proxy holder) to vote on his or her behalf. State law andthe association’s governing documents specify thaty
Why wouldy
the association can use proxy voting. someone use a proxy?
Maybe you’re traveling during the election or have other obligations that prevent you from attending the meeting, but you still want your voice to be heard.
If you’re interested in using a proxy, you may contact the manager or a board member for a proxy form or use your own proxy form. In Illinois, the Illinois Condominium Property Act requires that association by-laws contain the following requirements of proxies distributed by an association covered by the ICPA:
18) any proxy distributed for board elections by the board of managers gives unit owners the opportunity to designate any person as the proxy holder, and gives the unit owner the opportunity to express a preference for any of the known candidates for the board or to write in a name;
The ICPA also provides the following general requirements for proxies if your community falls under the Condo Act:
(9)(A) except as provided in subparagraph (B) of this paragraph (9) in connection with board elections, that a unit owner may vote by proxy executed in writing by the unit owner or by his duly authorized attorney in fact; that the proxy must bear the date of execution and, unless the condominium instruments or the written proxy itself provide otherwise, is invalid after 11 months from the date of its execution; to the extent the condominium instruments or rules adopted thereunder expressly so provide, a vote or proxy may be submitted by electronic transmission, provided that any such electronic transmission shall either set forth or be submitted with information from which it can be determined that the electronic transmission was authorized by the unit owner or the unit owner’s proxy;
The association can only accepty
accurately. p
Just be aware that by assigningy person, you’ve authorized the proxy holdery t one proxy form per unit, so be sure to fill out yourt your proxy toy to vote for you
as he or she sees fit unless you’ve specified otherwise. The proxy holdery
vote. Essentially, a proxy isy an act of trust—the proxy giver must trust the judgment of the proxy holder. may thinky
is responsible for voting or abstaining from a y
k the proxy holdery or issue, but the proxy holdery even if they plany y assumption unless it’s written on the proxy form.y
Associations would do well to ask itsk members to complete a proxy form,y
to attend the meeting. That’s
just in case something comes up that prevents a member |
will vote for a certain candidate isn’t legally boundy
The proxy giver by that
form py
another
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