Legislation
State: California
Signed: September 22, 2024
Effective: January 01, 2025
Chapter: 383
SummaryRequires a Notary who serves as an independent inspector of a homeowner’s association election held by electronic secret ballot to perform certain duties, as specified.
AffectsAmends Sections 5105, 5100, 5115, 5125, 5200, and 5260 of the California Civil Code.
Changes
- Requires a Notary Public who serves as an independent inspector of an homeowners association (HOA) election conducted by electronic secret ballot to ensure (a) each member voting by electronic secret ballot is provided with a method to authenticate the member’s identity to the internet-based voting system, (b) the transmission of an electronic secret ballot to the internet-based voting system that ensures the secrecy and integrity of each ballot, and (c) confirmation, at least 30 days before the voting deadline, that the member’s electronic device can successfully communicate with the internet-based voting system.
- Requires a Notary serving as an independent inspector of an HOA election to ensure that any internet-based voting system that is utilized for an electronic secret ballot election has the ability to (a) authenticate the member’s identity, (b) authenticate the validity of each electronic secret ballot to ensure that the electronic secret ballot is not altered in transit, (c) transmit a receipt from the internet-based voting system to each member who casts an electronic secret ballot, (d) permanently separate any authenticating or identifying information from the electronic secret ballot, rendering it impossible to connect an election ballot to a specific member, and (e) store and keep electronic secret ballots accessible to elections officials or their authorized representatives for recount, inspection, and review purposes.
AnalysisIn California, one of the less-frequent duties a Notary may perform is to serve as an independent inspector of a homeowner’s association election. The Civil Code provides existing duties that pertain to any election for which the Notary provides independent inspection services. Assembly Bill 2159 authorizes an association to adopt an election operating rule that allows the association to utilize an inspector or inspectors of elections to conduct an election by electronic secret ballot.
As an independent inspector of an election conducted by electronic secret ballot, Assembly Bill 2137 adds specific duties for any inspector, including a Notary.
Read Assembly Bill 2137.