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| Author |
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RobertoG
(California)
Posts:10
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| 06/27/2008 10:05 AM |
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HOA in California
The inspector of election counted the ballots that were in envelopes without signature. The count is valid or not? |
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GeraldT4
Posts:932
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| 06/27/2008 10:40 AM |
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RobertoG - California Davis Sterling Act outlines ballot procedures exerpted below. Check out http://davis-stirling.com/index.html
(e) Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting. In order to preserve confidentiality, a voter may not be identified by name, address, or lot, parcel, or unit number on the ballot. The association shall use as a model those procedures used by California counties for ensuring confidentiality of voter absentee ballots, including all of the following:
(1) The ballot itself is not signed by the voter, but is inserted into an envelope that is sealed. This envelope is inserted into a second envelope that is sealed. In the upper left hand corner of the second envelope, the voter shall sign his or her name, indicate his or her name, and indicate the address or separate interest identifier that entitles him or her to vote.
(2) The second envelope is addressed to the inspector or inspectors of election, who will be tallying the votes. The envelope may be mailed or delivered by hand to a location specified by the inspector or inspectors of election. The member may request a receipt for delivery.
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DonnaS
(Tennessee)
Posts:2837
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| 06/27/2008 12:33 PM |
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That's how they do it in Florida too. Signiture must be on the outer envelope with unit or lot number with the actual vote in the inner envelope, no signature on the actual ballot.. 2 envelopes! |
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RobertoG
(California)
Posts:10
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| 06/27/2008 2:02 PM |
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Thanks Gerald, Donna. Now I know that the Inspector did wrong. What is more interested is that the inspector is closed to the three incumbet that were reelected.Seems that we have a Presidential Tyranny in my hoa.
next step: find a good lawyer.
Can some one throw some light on this? |
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GlenL
(Ohio)
Posts:1375
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| 06/27/2008 2:50 PM |
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| Do you have proof that this was done? And by proof I mean something that will stand up in a court of law not somebody's third hand account of what Joe supposedly saw and told Millie. |
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DonnaS
(Tennessee)
Posts:2837
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| 06/27/2008 3:24 PM |
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Robert,
Hopefully, all of the ballots were saved just in case a review would be needed. Ah ha, it looks like someone might want to review this. As for finding a good lawyer, don't jump the gun here. First try to resolve this by showing the Board a copy of Davis Sterling which the paragraph was posted above on official requirements for ballots. Try and get this worked out amoungst the members. Good Luck! |
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MaryA1
(Arizona)
Posts:2248
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| 06/27/2008 4:42 PM |
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Roberto,
Were these ballots mailed in or turned in at the meeting? Did the notification of the meeting which was mailed to the members contain instructions on how to return the ballots? More specifically, was it stated that the outer envelope must be signed or your vote will not count?
The article of the Davis Sterling Act posted earlier states the outer envelope must be signed to maintain confidentiality. No where does it state whether or not a ballot can be counted if the envelope is unsigned. In view of that, I wonder if you can rely on that part of the law to justify your thinking that those ballots should not have been counted. |
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DonnaS
(Tennessee)
Posts:2837
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| 06/27/2008 6:37 PM |
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Mary,
My Villa association will not count any ballot that is presented unless it has the owner or voting representative's signature on the outer envelope. Reason being that it is the only way the person or committee that is counting the votes, knows that each ballot is valid and that someone has not voted more than once. It has happened where someone turns in proxy votes with a name and then the person sends in their actual ballot, therefore casting more than one ballot. It is a safe checks and balances system, antiquated but it still works. |
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MaryA1
(Arizona)
Posts:2248
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| 06/28/2008 10:17 AM |
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Donna,
I know and understand that. That's why I asked Roberto if these ballots were mailed in or handcarried to the meeting. |
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