California · Davis-Stirling Act
Glossary of election terms
The vocabulary that appears in the statutes and in governing documents, defined in one sentence each, with the section that anchors it. Terms are listed in the order they arise in an election rather than alphabetically — the sequence is itself information.
Before the ballot
Governing documents
The declaration (CC&Rs), articles, bylaws and operating rules that constitute the association. They set thresholds, voting power and often a quorum requirement; where they are silent, the statute's defaults apply — and sometimes no requirement arises at all. § 5115
Election rules
The operating rules an association must adopt before holding a member vote, covering candidacy, nominations, voting method, the inspector, and how ballots are delivered, counted and retained. Adopting or amending them carries its own notice period, which is why a rule change effectively has to happen about five months ahead of the election it governs. § 5105
Voting interest
The unit of voting power. Where governing documents weight votes by separate interest rather than by head, quorum and thresholds are measured against voting interests — so participation by many small owners can still fall short. § 5115
Record date
The moment at which the roll is fixed for an election: who was a member, which unit they held and with what voting power. Units change hands mid-election, and without a record date there is no answer to which owner the ballot belonged to.
Written request
Seven kinds of member request — including opting into or out of electronic voting — take effect only if delivered to the association in writing. A verbal request changes nothing. § 5260
Opt-out
California's model for electronic voting: the association adopts a rule permitting it, and the member may decline. The opposite of Florida's, where the member opts in. The direction of the default decides who has to act. AB 2159
General notice
Notice given to the membership at large by the methods the statute allows, as distinct from individual delivery to a named member. Several election deadlines are expressed as general notice given a set number of days in advance. § 5115
The ballot
Secret ballot
A ballot whose contents cannot be connected to the member who cast it, by anyone, at any point — including the board, the manager and whoever operates the software. Required for director elections and several other matters. § 5100
Double envelope
The paper method that achieves secrecy: the marked ballot goes into an unmarked inner envelope, which goes into a signed outer envelope identifying the unit. Eligibility is established from one, the vote carried by the other, and they are never in the same hand at once. § 5120
Ballot of record
The single reconciled set of votes from every channel — electronic, paper and proxy — on which the count is performed. Not a statutory term, but the thing a hybrid election has to produce for the result to mean anything. Hybrid elections
Proxy
A written instrument, signed by a member, authorising another person to act for them at a meeting. Revocable, and valid only as the instrument itself provides. A setting in a profile is not one. § 5130
Directed proxy
A proxy that instructs the holder how to vote, as opposed to one leaving the choice to their discretion. Which kind an instrument is, is read off its face by the inspector. § 5130
The count
Inspector of elections
The independent person who receives and validates ballots and proxies, runs the count, certifies the result and holds the materials. Cannot be a director, a candidate, or anyone already under contract with the association for other paid services — which excludes the management company. § 5110
Quorum
The participation required for a meeting to act — and only where the governing documents or other law impose one; it is not automatic. Where a quorum is required, each ballot the inspector receives counts as a member present. § 5115
Reconvened meeting
A second meeting called after a director election fails to reach quorum, held no earlier than 20 days after the scheduled election with at least 15 days' notice, at which 20 percent satisfies the quorum — unless the governing documents already set it lower. § 5115
Tally sheet
The running record of how ballots have been marked. Section 5120 bars viewing it, as well as the ballots, before the time and place of the count — which is why live results are prohibited while live participation figures are not. § 5120
Acclamation
Seating candidates without a ballot where the number nominated does not exceed the number of seats, available only on conditions the statute sets. Where it applies it removes the election; where it is claimed wrongly it removes the result. the full conditions are in § 5103.
After
Association election materials
Ballots, signed envelopes, voter lists, candidate registration lists and proxies, which become records in the association's custody once the election closes and are open to member inspection. §§ 5125, 5200
Challenge window
The year following announcement of the result during which a member may sue over a flawed secret-ballot election. The court must void the result unless the association proves the violation did not affect the outcome. § 5145
Related
- The reference section — every term above links to the page that treats it in full.
- Deadline calculator — the dates these terms hang off.