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Assembly Bill 2159 · 2023–24 session

Electronic secret ballots, permitted from 1 January 2025

California HOAs may now hold board elections by internet-based secret ballot. AB 2159 amended six sections of the Civil Code to allow it, kept the independent inspector of elections in place, and left one category of vote on paper: regular and special assessments.

Act AB 2159 In force 1 January 2025 Amends Civ. Code §§ 5105, 5110, 5115, 5120, 5125, 5200, 5260 Last verified 2026-10-10

What changed

Before AB 2159, a California HOA holding a secret-ballot election ran it on paper, typically through a double-envelope system that separated the voter's identity from the ballot. Electronic voting sat in an uncertain position. The amendment replaced that uncertainty with a permission and a specification: an association may use an internet-based electronic secret ballot provided its system satisfies the requirements now written into § 5110(c)(4)(B).

The double envelope has not been abolished. It remains the paper procedure, and paper remains in every election for the reasons set out below.

What it did not change

The inspector of elections is still mandatory

AB 2159 clarified the inspector's role in an electronic election. It did not remove the requirement. An association voting electronically still retains an independent third party who is not a director, not a candidate, and not under contract with the association for other services. See § 5110.

Assessments remain on paper

Votes on regular and special assessments are excluded from electronic balloting. This is the single most-missed restriction in the amendment, and it breaks the sequence that platforms selling "decision then payment" assume: in California, the decision to levy is taken on paper even where everything around it is electronic.

Members may still choose paper

Electronic voting operates on an opt-out basis. The association adopts an election operating rule permitting it; the member may switch between electronic and paper no later than 90 days before the election; and a member with no email address receives a paper ballot automatically. Every California election is therefore hybrid in practice, and the two channels have to reconcile into one record.

It is a rule change before it is a software change

An association cannot switch to electronic voting for an election already close at hand. The operating rule has to be adopted, members notified of the method and of their right to opt out, and device compatibility confirmed — each on its own statutory clock, the earliest of which runs roughly five months ahead of the meeting.

Work out the deadlines from your meeting date →

Related

What it changed, section by section

Read by comparing the Legislative Counsel's own publication of the code before this act with the one after it — deletions struck, insertions underlined, renumbering separated from substance.

§ 5105

This act was the only one to amend this section in that window.

  1. (a)(7)amended… voter list. The candidate list shall include name names and address addresses of individuals nominated as a candidate for … of directors. The voter list shall include the name, voting power, and either the physical …
  2. (c)amendedThrough its bylaws or election operating rules adopted pursuant to subdivision (a) of Section 5105 only, an association may disqualify a person …
  3. (g)amendedNotwithstanding Except as provided in subdivision (i), notwithstanding any other law, the rules adopted pursuant …
  4. (h)(4)(B)amended… election operating rules may be accomplished by either any of the following methods:
  5. (h)(4)(B)(i)amended… with the phrase, in at least 12-point font: type: “The rules governing this election may be found here:”
  6. (i)addedNotwithstanding an association’s governing documents, the association may adopt an election operating rule that allows an association to utilize an inspector or inspectors of elections, as specified in Section 5110, to conduct an election by electronic secret ballot, except for an election regarding regular or special assessments, as provided for in Chapter 8 (commencing with Section 5600).
  7. (i)(1)addedAn election operating rule adopted pursuant to this subdivision shall include, but not be limited to, all of the following purposes:
  8. (i)(1)(A)addedPermitting a member to change their preferred method of voting from electronic secret ballot to written ballot or written ballot to electronic secret ballot no later than 90 days before an election.
  9. (i)(1)(B)addedRequiring an electronic secret ballot and a written ballot to contain the same list of items being voted on.
  10. (i)(1)(C)(i)addedFor an election operating rule where a member is permitted to opt out of voting by electronic secret ballot to vote by written ballot, requiring the association to mail a written ballot only to a member who has opted out of voting by electronic secret ballot or for whom the association does not have an email address required to vote by electronic secret ballot.
  11. (i)(1)(C)(ii)addedFor an election operating rule where a member who is permitted to opt into voting by electronic secret ballot, requiring the association to send an electronic secret ballot only to a member who has opted into voting by electronic secret ballot.
  12. (i)(1)(D)addedRequiring the association to maintain a voting list identifying which members will vote by electronic secret ballot and which members will vote by written ballot, and include information on the procedures to either opt out of or opt into voting by electronic secret ballot, as applicable, in the annual statement prepared pursuant to Section 5310.
  13. (i)(1)(E)addedRequiring a member who votes by electronic secret ballot to provide a valid email address to the association.
  14. (i)(1)(F)addedProhibiting nomination of candidates from the floor of membership meetings, notwithstanding subdivision (g).
  15. (i)(2)addedAn electronic secret ballot may be accompanied by or contained in an electronic individual notice in accordance with paragraph (2) of subdivision (a) of Section 4040.
  16. (i)(3)(A)addedThe association shall deliver individual notice of the electronic secret ballot to each member 30 days before the election and shall contain instructions on both of the following:
  17. (i)(3)(A)(i)addedHow to obtain access to that internet-based voting system.
  18. (i)(3)(A)(ii)addedHow to vote by electronic secret ballot.
  19. (i)(3)(B)addedDelivery of the individual notice described in subparagraph (A) may be accomplished by electronic submission to an address, location, or system designated by the member.
  20. (i)(4)addedFor an election operating rule where members are permitted to opt out of voting by electronic secret ballot to vote by written ballot, the association shall provide individual notice, delivered pursuant to Section 4040, at least 30 days before the deadline to opt out of voting by electronic secret ballot, of all of the following:
  21. (i)(4)(A)addedThe member’s current voting method.
  22. (i)(4)(B)addedIf the member’s voting method is by electronic secret ballot and the association has an email address for the member, the email address of the member that will be used for voting by electronic secret ballot.
  23. (i)(4)(C)addedAn explanation that the member is required to opt out of voting by electronic secret ballot if the member elects to vote by written secret ballot.
  24. (i)(4)(D)addedAn explanation of how a member may opt out of voting by electronic secret ballot.
  25. (i)(4)(E)addedThe deadline by which the member is required to opt out of voting by electronic secret ballot if the member elects to exercise that right.
  26. (i)(5)addedA vote made by electronic secret ballot is effective when it is electronically transmitted to an address, location, or system designated by an inspector or inspectors of elections.
  27. (i)(6)addedA vote made by electronic secret ballot shall not be revoked.
  28. (i)(7)addedIf the association does not have a member’s email address required to vote by electronic secret ballot by the time at which ballots are to be distributed, the association shall send the member a written secret ballot.
  29. (i)(8)addedFor purposes of determining a quorum, a member voting electronically pursuant to this subdivision shall be counted as a member in attendance at the meeting. Once the quorum is established, a substantive vote of the members shall not be taken on any issue other than the issues specifically identified in the electronic vote.
  30. (i)(9)addedAs used in this subdivision, “electronic secret ballot” means a ballot conducted by an electronic voting system that ensures the secrecy and integrity of a ballot pursuant to the requirements of this article.

§ 5110

This act was the only one to amend this section in that window.

  1. (c)(4)amendedHear and determine Ensure compliance with all challenges and questions in any way arising out of the following, if the inspector or in connection with the right inspectors of elections conducts an election by electronic secret ballot pursuant to vote. Section 5105:
  2. (c)(4)(A)addedEach member voting by electronic secret ballot shall be provided with all of the following:
  3. (c)(4)(A)(i)addedA method to authenticate the member’s identity to the internet-based voting system.
  4. (c)(4)(A)(ii)addedA method to transmit an electronic secret ballot to the internet-based voting system that ensures the secrecy and integrity of each ballot.
  5. (c)(4)(A)(iii)addedA method to confirm, at least 30 days before the voting deadline, that the member’s electronic device can successfully communicate with the internet-based voting system.
  6. (c)(4)(B)addedAny internet-based voting system that is utilized shall have the ability to accomplish all of the following:
  7. (c)(4)(B)(i)addedAuthenticate the member’s identity.
  8. (c)(4)(B)(ii)addedAuthenticate the validity of each electronic secret ballot to ensure that the electronic secret ballot is not altered in transit.
  9. (c)(4)(B)(iii)addedTransmit a receipt from the internet-based voting system to each member who casts an electronic secret ballot.
  10. (c)(4)(B)(iv)addedPermanently separate any authenticating or identifying information from the electronic secret ballot, rendering it impossible to connect an election ballot to a specific member.
  11. (c)(4)(B)(v)addedStore and keep electronic secret ballots accessible to elections officials or their authorized representatives for recount, inspection, and review purposes.
  12. (c)(5)amendedCount Hear and tabulate determine all votes. challenges and questions in any way arising out of or in connection with the right to vote.
  13. (c)(6)amendedDetermine when the polls shall close, consistent with the governing documents. Count and tabulate all votes.
  14. (c)(7)amendedDetermine when the tabulated results of polls shall close, consistent with the election. governing documents.
  15. (c)(8)amendedPerform any acts as may be proper to conduct Determine the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules tabulated results of the association regarding the conduct of the election that are not in conflict with this article. election.
  16. (c)(9)addedPerform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article.
  17. (d)amendedAn inspector or inspectors of elections shall perform all duties impartially, … faith, to the best of the inspector or inspectors of election’s elections’ ability, as expeditiously as is practical, and …

§ 5120

This act was the only one to amend this section in that window.

  1. (a)amended… elections, or the designee of the inspector or inspectors of elections, in public at a properly … the counting and tabulation of the votes. No A person, including a member of the association or an employee of the management company, shall not open or otherwise review any ballot prior to before the time and place at which the ballots are counted and tabulated. The inspector or inspectors of elections, or the designee of the inspector or inspectors of elections, may verify the member’s information … secret ballot is received by the inspector or inspectors of elections, it shall be irrevocable.
  2. (c)addedA person, including a member of the association or an employee of the management company, shall not open or otherwise review any tally sheet of votes cast by electronic secret ballots before the time and place at which the ballots are counted and tabulated.

§ 5125

This act was the only one to amend this section in that window.

  1. amendedThe sealed ballots, signed voter envelopes, voter list, proxies, and candidate registration list list, and tally sheet of votes cast by electronic secret ballot shall at all times be in the … shall, upon written request, make the ballots and the tally sheet of votes cast by electronic secret ballot available for inspection and review by an …

§ 5260

This act was the only one to amend this section in that window.

  1. (g)addedA request to opt out of or opt into electronically voting by electronic secret ballot, pursuant to Section 5105.

Snapshots compared: 2023 and 2025. Both are the Legislative Counsel's biennial bulk publications, each frozen after its session closed.