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加州民法典 §§ 5105、5135

选举规则

业主协会（HOA）必须先通过书面选举规则，才能举行会员表决；这些规则必须禁止以任何理由拒绝向会员提供选票，唯一的例外是该人在选票分发时并非会员。

条文 民法典 § 5105 · § 5135 修订 § 5105: AB 2159 (2024) 相关内容 § 5110 · § 5260 生效 § 5105自2025-01-01起生效 条文核实 2026-11-03

民法典 § 5105 — 英文原文

Election Operating Rules; Candidate Qualifications; Electronic Secret Ballots
Amended by Stats. 2024, Ch. 383, Sec. 1. (AB 2159) Effective January 1, 2025.
由AB 1892修订，2027年1月1日起生效

条文以英文呈现，因为法律以英文颁布，具有法律效力的是英文版本。本页的说明为中文；如与条文有出入，以条文为准。

(a)An association shall adopt operating rules in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following:
(a)(1)Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or internet websites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content.
(a)(2)Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.
(a)(3)Specify the qualifications for candidates for the board and any other elected position, subject to subdivision (b), and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating themself for election to the board.
(a)(4)Specify the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.
(a)(5)Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods:
(a)(5)(A)Appointment of the inspector or inspectors by the board.
(a)(5)(B)Election of the inspector or inspectors by the members of the association.
(a)(5)(C)Any other method for selecting the inspector or inspectors.
(a)(6)Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties who meet the requirements in subdivision (b) of Section 5110.
(a)(7)Require retention of, as association election materials, both a candidate registration list and a voter list. The candidate list shall include names and addresses of individuals nominated as a candidate for election to the board of directors. The voter list shall include the name, voting power, and either the physical address of the voter’s separate interest, the parcel number, or both. The mailing address for the ballot shall be listed on the voter list if it differs from the physical address of the voter’s separate interest or if only the parcel number is used. The association shall permit members to verify the accuracy of their individual information on both lists at least 30 days before the ballots are distributed. The association or member shall report any errors or omissions to either list to the inspector or inspectors who shall make the corrections within two business days.
(b)An association shall disqualify a person from a nomination as a candidate for not being a member of the association at the time of the nomination. An association shall disqualify a nominee if that person has served the maximum number of terms or sequential terms allowed by the association. A director who ceases to be a member shall be disqualified from continuing to serve as a director.
(b)(1)This subdivision does not restrict a developer from making a nomination of a nonmember candidate consistent with the voting power of the developer as set forth in the regulations of the Department of Real Estate and the association’s governing documents.
(b)(2)If title to a separate interest parcel is held by a legal entity that is not a natural person, the governing authority of that legal entity shall have the power to appoint a natural person to be a member for purposes of this article.
(c)Through its bylaws or election operating rules adopted pursuant to subdivision (a) only, an association may disqualify a person from nomination as a candidate pursuant to any of the following:
(c)(1)Subject to paragraph (2) of subdivision (d), an association may require a nominee for a board seat, and a director during their board tenure, to be current in the payment of regular and special assessments, which are consumer debts subject to validation. If an association requires a nominee to be current in the payment of regular and special assessments, it shall also require a director to be current in the payment of regular and special assessments.
(c)(2)An association may disqualify a person from nomination as a candidate if the person, if elected, would be serving on the board at the same time as another person who holds a joint ownership interest in the same separate interest parcel as the person and the other person is either properly nominated for the current election or an incumbent director.
(c)(3)An association may disqualify a nominee if that person has been a member of the association for less than one year.
(c)(4)An association may disqualify a nominee if that person discloses, or if the association is aware or becomes aware of, a past criminal conviction that would, if the person was elected, either prevent the association from purchasing the insurance required by Section 5806 or terminate the association’s existing insurance coverage required by Section 5806 as to that person should the person be elected.
(d)An association may disqualify a person from nomination for nonpayment of regular and special assessments, but may not disqualify a nominee for nonpayment of fines, fines renamed as assessments, collection charges, late charges, or costs levied by a third party. The person shall not be disqualified for failure to be current in payment of regular and special assessments if either of the following circumstances is true:
(d)(1)The person has paid the regular or special assessment under protest pursuant to Section 5658.
(d)(2)The person has entered into and is in compliance with a payment plan pursuant to Section 5665.
(e)An association shall not disqualify a person from nomination if the person has not been provided the opportunity to engage in internal dispute resolution pursuant to Article 2 (commencing with Section 5900) of Chapter 10.
(f)If an association disqualifies a nominee pursuant to this section, an association in its election rules shall also require a director to comply with the same requirements.
(g)Except as provided in subdivision (i), notwithstanding any other law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.
(h)Notwithstanding any other law, the rules adopted pursuant to this section shall do all of the following:
(h)(1)Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.
(h)(2)Prohibit the denial of a ballot to a person with general power of attorney for a member.
(h)(3)Require the ballot of a person with general power of attorney for a member to be counted if returned in a timely manner.
(h)(4)Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:
(h)(4)(A)The ballot or ballots.
(h)(4)(B)A copy of the election operating rules. Delivery of the election operating rules may be accomplished by any of the following methods:
(h)(4)(B)(i)Posting the election operating rules to an internet website and including the corresponding internet website address on the ballot together with the phrase, in at least 12-point type: “The rules governing this election may be found here:”
(h)(4)(B)(ii)Individual delivery.
(h)(4)(B)(iii)Election operating rules adopted pursuant to this section shall not be amended less than 90 days prior to an election.
(i)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).
(i)(1)An election operating rule adopted pursuant to this subdivision shall include, but not be limited to, all of the following purposes:
(i)(1)(A)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.
(i)(1)(B)Requiring an electronic secret ballot and a written ballot to contain the same list of items being voted on.
(i)(1)(C)(i)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.
(i)(1)(C)(ii)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.
(i)(1)(D)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.
(i)(1)(E)Requiring a member who votes by electronic secret ballot to provide a valid email address to the association.
(i)(1)(F)Prohibiting nomination of candidates from the floor of membership meetings, notwithstanding subdivision (g).
(i)(2)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.
(i)(3)(A)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:
(i)(3)(A)(i)How to obtain access to that internet-based voting system.
(i)(3)(A)(ii)How to vote by electronic secret ballot.
(i)(3)(B)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.
(i)(4)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:
(i)(4)(A)The member’s current voting method.
(i)(4)(B)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.
(i)(4)(C)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.
(i)(4)(D)An explanation of how a member may opt out of voting by electronic secret ballot.
(i)(4)(E)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.
(i)(5)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.
(i)(6)A vote made by electronic secret ballot shall not be revoked.
(i)(7)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.
(i)(8)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.
(i)(9)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.

本条的历史版本

通过比较加州立法顾问办公室每个立法会期发布一次的法典版本整理而成。最早的是2013至2014年版，其中《戴维斯-斯特林法》已采用现行编号，因此修改从其后的版本起记录。这不只是存档问题：民法典第5145条给予会员一年时间质疑选举，适用的是选举举行当日的现行条文，而不是今天的条文。

  1. AB 21592025-01-01起生效

    Amended by Stats. 2024, Ch. 383, Sec. 1. (AB 2159) Effective January 1, 2025.

    30处分项修改

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

  2. AB 17642024-01-01起生效

    Amended by Stats. 2023, Ch. 770, Sec. 4. (AB 1764) Effective January 1, 2024.

    4处分项修改 · 10处重新编号

    查看修改内容
    1. (b)… association at the time of the nomination. An association shall disqualify a nominee if that person has served the maximum number of terms or sequential terms allowed by the association. A director who ceases to be a member shall be disqualified from continuing to serve as a director.
    2. (f)If an association disqualifies a nominee pursuant to this section, an association in its election rules shall also require a director to comply with the same requirements.
    3. (h)Election operating Notwithstanding any other law, the rules adopted pursuant to this section shall not be amended less than 90 days prior to an election. do all of the following:
    4. (h)(4)(B)(iii)Election operating rules adopted pursuant to this section shall not be amended less than 90 days prior to an election.

  3. SB 4322022-01-01起生效

    Amended by Stats. 2021, Ch. 642, Sec. 2. (SB 432) Effective January 1, 2022.

    4处分项修改

    查看修改内容
    1. (a)(6)… provided that the persons are independent third parties. parties who meet the requirements in subdivision (b) of Section 5110.
    2. (a)(7)… candidate registration list and a voter list. The candidate list shall include name and address of individuals nominated as a candidate for election to the board of directors. The voter list shall include name, voting …
    3. (c)(4)… either prevent the association from purchasing the fidelity bond coverage insurance required by Section 5806 or terminate the association’s existing fidelity bond coverage. insurance coverage required by Section 5806 as to that person should the person be elected.
    4. (d)(2)The person has entered into and is in compliance with a payment plan pursuant to Section 5665.

  4. SB 3232020-01-01起生效

    Amended by Stats. 2019, Ch. 848, Sec. 2. (SB 323) Effective January 1, 2020.

    28处分项修改

    查看修改内容
    1. (a)An association shall adopt rules, operating rules in accordance with the procedures prescribed by …
    2. (a)(1)… provided access to association media, newsletters, or Internet Web sites internet websites during a campaign, for purposes that are …
    3. (a)(3)Specify the qualifications for candidates for the board and any other elected position, subject to subdivision (b), and procedures for the nomination of candidates, … if it disallows any member from nominating himself or herself themself for election to the board.
    4. (a)(4)Specify the qualifications for voting, the voting power of each membership, the …
    5. (a)(7)Require retention of, as association election materials, both a candidate registration list and a voter list. The voter list shall include name, voting power, and either the physical address of the voter’s separate interest, the parcel number, or both. The mailing address for the ballot shall be listed on the voter list if it differs from the physical address of the voter’s separate interest or if only the parcel number …
    6. (b)Notwithstanding any other provision An association shall disqualify a person from a nomination as a candidate for not being a member of law, the rules adopted pursuant to this section may provide for association at the nomination time of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots. nomination.
    7. (b)(1)This subdivision does not restrict a developer from making a nomination of a nonmember candidate consistent with the voting power of the developer as set forth in the regulations of the Department of Real Estate and the association’s governing documents.
    8. (b)(2)If title to a separate interest parcel is held by a legal entity that is not a natural person, the governing authority of that legal entity shall have the power to appoint a natural person to be a member for purposes of this article.
    9. (c)Through its bylaws or election operating rules adopted pursuant to subdivision (a) of Section 5105 only, an association may disqualify a person from nomination as a candidate pursuant to any of the following:
    10. (c)(1)Subject to paragraph (2) of subdivision (d), an association may require a nominee for a board seat, and a director during their board tenure, to be current in the payment of regular and special assessments, which are consumer debts subject to validation. If an association requires a nominee to be current in the payment of regular and special assessments, it shall also require a director to be current in the …
    11. (c)(2)An association may disqualify a person from nomination as a candidate if the person, if elected, would be serving on the board at the same time as another person who holds a joint ownership interest in the same separate interest parcel as the person and the other person is either properly nominated for the current election or an incumbent director.
    12. (c)(3)An association may disqualify a nominee if that person has been a member of the association for less than one year.
    13. (c)(4)An association may disqualify a nominee if that person discloses, or if the association is aware or becomes aware of, a past criminal conviction that would, if the person was elected, either prevent the association from purchasing the fidelity bond coverage required by Section 5806 or terminate the association’s existing fidelity bond coverage.
    14. (d)An association may disqualify a person from nomination for nonpayment of regular and special assessments, but may not disqualify a nominee for nonpayment of fines, fines renamed as assessments, collection charges, late charges, or costs levied by a third party. The person shall not be disqualified for failure to be current in payment of regular and special assessments if either of the following circumstances is true:
    15. (d)(1)The person has paid the regular or special assessment under protest pursuant to Section 5658.
    16. (d)(2)The person has entered into a payment plan pursuant to Section 5665.
    17. (e)An association shall not disqualify a person from nomination if the person has not been provided the opportunity to engage in internal dispute resolution pursuant to Article 2 (commencing with Section 5900) of Chapter 10.
    18. (f)Notwithstanding any other law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.
    19. (g)Notwithstanding any other law, the rules adopted pursuant to this section shall do all of the following:
    20. (g)(1)Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.
    21. (g)(2)Prohibit the denial of a ballot to a person with general power of attorney for a member.
    22. (g)(3)Require the ballot of a person with general power of attorney for a member to be counted if returned in a timely manner.
    23. (g)(4)Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents:
    24. (g)(4)(A)The ballot or ballots.
    25. (g)(4)(B)A copy of the election operating rules. Delivery of the election operating rules may be accomplished by either of the following methods:
    26. (g)(4)(B)(i)Posting the election operating rules to an internet website and including the corresponding internet website address on the ballot together with the phrase, in at least 12-point font: “The rules governing this election may be found here:”
    27. (g)(4)(B)(ii)Individual delivery.
    28. (h)Election operating rules adopted pursuant to this section shall not be amended less than 90 days prior to an election.

逐字转载自加州立法顾问办公室（Legislative Counsel）公布的条文，并与第二个来源逐字核对（leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)）。加州法律属于政府法令，不受版权保护。本页为非官方转载——官方版本由立法顾问办公室在leginfo.legislature.ca.gov公布，以该版本为准。
机器可读：/data/5105.json——同一条文，附分项锚点、日期和来源。

民法典 § 5135 — 英文原文

Association Funds and Campaign Purposes
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

条文以英文呈现，因为法律以英文颁布，具有法律效力的是英文版本。本页的说明为中文；如与条文有出入，以条文为准。

(a)Association funds shall not be used for campaign purposes in connection with any association board election. Funds of the association shall not be used for campaign purposes in connection with any other association election except to the extent necessary to comply with duties of the association imposed by law.
(b)For the purposes of this section, “campaign purposes” includes, but is not limited to, the following:
(b)(1)Expressly advocating the election or defeat of any candidate that is on the association election ballot.
(b)(2)Including the photograph or prominently featuring the name of any candidate on a communication from the association or its board, excepting the ballot, ballot materials, or a communication that is legally required, within 30 days of an election. This is not a campaign purpose if the communication is one for which subdivision (a) of Section 5105 requires that equal access be provided to another candidate or advocate.

逐字转载自加州立法顾问办公室（Legislative Counsel）公布的条文，并与第二个来源逐字核对（leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)）。加州法律属于政府法令，不受版权保护。本页为非官方转载——官方版本由立法顾问办公室在leginfo.legislature.ca.gov公布，以该版本为准。
机器可读：/data/5135.json——同一条文，附分项锚点、日期和来源。

欠费影响参选资格，而不影响投票

这是最常被弄错的一项规定，而且出错的方向是可以预见的。协会可以取消拖欠会费的会员作为候选人参选的资格，但不得剥夺该会员的选票。

这两项检验是分开的，而且适用于不同的时间点。参选资格在提名截止时评估。投票权在选票分发时评估，从那时起，规则唯一可以问的问题是此人是否为会员。

一些平台暗示提供、而加州明令禁止的功能

提供“暂停欠费业主投票权”功能的软件，所描述的是协会在加州不能合法去做的事。协会如因此扣留选票，就等于给了会员一个现成的理由，可依据《加州民法典》第5145条宣告选举无效——而证明该瑕疵无害的责任随即落在协会身上。在欠费确实影响投票权的司法管辖区（西班牙即是其一），这种机制是正当的；在加州，它则会给协会招来法律责任。

90天切换期限

在协会允许电子投票的情况下，会员最迟可以在选举前90天在电子投票与纸本投票之间切换。此后，所作的选择即告固定。

其后果在于操作层面：通知发出时，不能把选民名册按投票渠道冻结。每位会员名下都记录着一种投票方式，在期限截止前都可以修改；每次修改都需要记录时间和操作人，因为两个投票渠道各自的构成，也是监察员所核证内容的一部分。见混合选举。

规则必须涵盖的内容

选举规则不是董事会通过一次就可以抛诸脑后的形式文件。它是质疑者首先阅读的文件，也是监察员所适用的文件。规则至少要确定：

规则变更需要很长的准备时间

通过或修订选举规则本身有会员通知和意见征询期，因此规则变更的实际截止时间大约在其所适用的选举之前148天。一个到2月才决定于4月采用电子投票的协会，已经错过了这个期限。从您的会议日期倒推计算 →

协会自己的钱，和自己的“扩音器”

民法典第5135条简短而绝对：在董事会选举中，协会资金不得用于竞选目的。在协会的其他选举中，协会资金只能在履行法律所规定义务的必要范围内使用。

该条接着分两部分定义“竞选目的”，而本着诚信行事的董事会最容易触犯的，正是第二部分：

现任董事的通讯难题

一位现任董事正在竞选连任。协会的月度通讯像往常一样，在选票截止日期前三周发出，其中有署着会长姓名的会长专栏，还有一张夏季烧烤聚会的照片。没有人主张任何事情。但民法典第5135条(b)(2)并不问是否有人作出主张。

在这30天期间内，由协会出资、突出显示候选人姓名的通讯，依定义即属竞选目的——除非依照民法典第5105条(a)(1)，该通讯属于必须向另一位候选人或倡导者提供平等使用机会的那一类。这一例外就是出路：两个条文本来就是配套设计的，而对于“我们可以发出吗”这个问题，答案通常是“可以，只要也向其他候选人提供了同样的版面”。

正因如此，民法典第5105条(a)规定的平等使用义务并不是一项礼节性条款。正是有了这一机制，协会自己的媒体在选举期间才能使用；从未执行过这一机制的协会，在表决前一个月内就没有任何合法方式提及候选人。

AB 2159在此处的修改

民法典第5105条是2024年这项修订所涉及的七个条文之一。这些修改为电子投票留出了空间：规则现在可以允许电子投票，会员选择退出的权利写入了该条，而协会在通知和投票方式方面的义务也随这一选择而来。禁止拒绝提供选票的规定并未放宽。见AB 2159。

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