Electronic Voting is Coming in 2025
Abigail Padou, Pro Elections LLC
A common question during HOA elections is, “Can I vote electronically?” Thanks to Assembly Bill 2159, an answer of “Yes, you can” is around the corner. AB 2159, the bill that authorizes (but does not
require) California HOAs to use
electronic voting in most secret ballot elections, will go into effect January 1, 2025. The impact of AB 2159 is signifi cant: it modifi es Civil Code Sections 5105, 5110, 5115, 5120, 5125, 5200, and 5260.
Electronic voting offers associations the prospect of both voting convenience and cost savings on printing and postage. Getting up to speed on AB 2159 is essential to being able to realize these benefi ts. Electronic voting might not be right for every HOA, but many will fi nd it worth the time and effort to get ready for this new chapter in HOA elections. Below is information on how to get started.
AB 2159 Applies to All California Homeowner Associations
Starting January 2025, all California homeowner associations will be eligible for electronic voting for most secret ballot elections. However, being eligible for electronic voting is not the same as being able to use electronic voting in practice. In order to actually use electronic voting in an election, associations must fi rst amend their election rules to allow it. Most associations’ election rules do not currently authorize electronic voting, so amending the election rules is an important fi rst step. Fortunately, amending the election rules is a relatively straightforward process whereby amendments can be adopted by a simple vote of the board of directors after a 28-day notice and comment period to the membership.
According to AB 2159, the electronic voting rules adopted by an association must include the following requirements:
• Depending on the procedure your association adopts, at least 120 days before the election date, the association may be required to give its members individual notice of their current voting method (electronic vs. paper), their email address on fi le if they vote electronically, and the deadline for changing their voting method.
• Association members who want to change their voting method must do so at least 90 days before the election date.
• At least 30 days before the election date, the association must give its members individual notice of how to vote electronically using an internet-based voting system.
• Members who vote electronically must provide a valid email address to the association.
• The association must maintain a list of which members vote electronically and which members vote by paper.
• The association must include information on how to
opt into or out of electronic voting in its Annual Policy Statement.
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