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州众议院法案AB 2159 · 2023–24年立法会期

电子无记名选票，自2025年1月1日起获准使用

加州的业主协会（HOA）现在可以通过线上无记名投票进行董事会选举。AB 2159修订了《加州民法典》的七个条文以允许这种做法，保留了独立选举监察员的制度，并把一类表决留在了纸本上：常规会费和特别会费。

法案 AB 2159 生效 2025年1月1日 修订条文 民法典 §§ 5105, 5110, 5115, 5120, 5125, 5200, 5260 最近核实 2026-10-10

改变了什么

在AB 2159之前，加州协会举行无记名投票选举时都使用纸本，通常采用双层信封制度，把投票人的身份与选票分开。电子投票的地位并不明确。这项修订以一项许可和一套规格取代了这种不确定性：只要协会的系统满足现已写入民法典第5110条(c)(4)(B)的各项要求，协会就可以使用线上电子无记名选票。

双层信封并未被废除。它仍是纸本程序，而且基于下文所述的原因，每一次选举中都仍有纸本。

没有改变什么

选举监察员仍是强制要求

AB 2159厘清了监察员在电子选举中的角色，但并未取消这项要求。以电子方式投票的协会，仍须聘任一名独立第三方，此人不是董事、不是候选人，也未与协会签有提供其他服务的合约。见 民法典第5110条。

会费表决仍用纸本

常规会费和特别会费的表决被排除在电子投票之外。这是这项修订中最常被忽略的限制，它打破了销售“先决定、后付款”方案的平台所假定的流程：在加州，即使周围的一切都是电子化的，是否征收会费的决定仍以纸本作出。

会员仍可选择纸本

电子投票采用选择退出制。协会通过一项允许电子投票的选举运营规则；会员最迟可在选举前90天在电子和纸本之间切换；没有电子邮件地址的会员会自动收到纸本选票。因此，实际上加州的每一次选举都是混合选举，两个投票渠道必须核对汇总为一份记录。

先是规则变更，然后才是软件变更

对于已经临近的选举，协会无法改用电子投票。必须先通过运营规则，通知会员投票方式及其选择退出的权利，并确认设备兼容性——每一项都有各自的法定时限，其中最早的一项大约在会议前五个月就开始起算。

根据您的会议日期计算各项期限 →

相关内容

逐条列出的修改内容

通过比较加州立法顾问办公室自己发布的法典在本法案之前和之后的两个版本整理而成——删除的文字加删除线，新增的文字加下划线，重新编号与实质修改分开列出。

§ 5105

在该期间内，只有本法案修订了本条。

  1. (a)(7)修订… 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)修订Through its bylaws or election operating rules adopted pursuant to subdivision (a) of Section 5105 only, an association may disqualify a person …
  3. (g)修订Notwithstanding Except as provided in subdivision (i), notwithstanding any other law, the rules adopted pursuant …
  4. (h)(4)(B)修订… election operating rules may be accomplished by either any of the following methods:
  5. (h)(4)(B)(i)修订… with the phrase, in at least 12-point font: type: “The rules governing this election may be found here:”
  6. (i)增订Notwithstanding 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)增订An election operating rule adopted pursuant to this subdivision shall include, but not be limited to, all of the following purposes:
  8. (i)(1)(A)增订Permitting 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)增订Requiring an electronic secret ballot and a written ballot to contain the same list of items being voted on.
  10. (i)(1)(C)(i)增订For 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)增订For 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)增订Requiring 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)增订Requiring a member who votes by electronic secret ballot to provide a valid email address to the association.
  14. (i)(1)(F)增订Prohibiting nomination of candidates from the floor of membership meetings, notwithstanding subdivision (g).
  15. (i)(2)增订An 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)增订The 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)增订How to obtain access to that internet-based voting system.
  18. (i)(3)(A)(ii)增订How to vote by electronic secret ballot.
  19. (i)(3)(B)增订Delivery 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)增订For 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)增订The member’s current voting method.
  22. (i)(4)(B)增订If 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)增订An 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)增订An explanation of how a member may opt out of voting by electronic secret ballot.
  25. (i)(4)(E)增订The 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)增订A 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)增订A vote made by electronic secret ballot shall not be revoked.
  28. (i)(7)增订If 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)增订For 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)增订As 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

在该期间内，只有本法案修订了本条。

  1. (c)(4)修订Hear 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)增订Each member voting by electronic secret ballot shall be provided with all of the following:
  3. (c)(4)(A)(i)增订A method to authenticate the member’s identity to the internet-based voting system.
  4. (c)(4)(A)(ii)增订A 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)增订A 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)增订Any internet-based voting system that is utilized shall have the ability to accomplish all of the following:
  7. (c)(4)(B)(i)增订Authenticate the member’s identity.
  8. (c)(4)(B)(ii)增订Authenticate the validity of each electronic secret ballot to ensure that the electronic secret ballot is not altered in transit.
  9. (c)(4)(B)(iii)增订Transmit a receipt from the internet-based voting system to each member who casts an electronic secret ballot.
  10. (c)(4)(B)(iv)增订Permanently 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)增订Store and keep electronic secret ballots accessible to elections officials or their authorized representatives for recount, inspection, and review purposes.
  12. (c)(5)修订Count 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)修订Determine when the polls shall close, consistent with the governing documents. Count and tabulate all votes.
  14. (c)(7)修订Determine when the tabulated results of polls shall close, consistent with the election. governing documents.
  15. (c)(8)修订Perform 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)增订Perform 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)修订An 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

在该期间内，只有本法案修订了本条。

  1. (a)修订… 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)增订A 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

在该期间内，只有本法案修订了本条。

  1. 修订The 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

在该期间内，只有本法案修订了本条。

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

比较的版本：2013年版和2025年版。两者都是加州立法顾问办公室每两年发布一次的批量资料，各自在该立法会期结束后定稿。