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州眾議院法案AB 2159 · 2023–24年立法會期

電子無記名選票，自2025年1月1日起獲準使用

加州的業主協會（HOA）現在可以通過線上無記名投票進行董事會選舉。AB 2159修訂了《加州民法典》的七個條文以允許這種做法，保留了獨立選舉監察員的制度，並把一類表決留在了紙本上：常規會費和特別會費。

法案 AB 2159 生效 2025年1月1日 修訂條文 民法典 §§ 5105, 5110, 5115, 5120, 5125, 5200, 5260 最近核實 2026-10-10

改變了什麼

在AB 2159之前，加州協會舉行無記名投票選舉時都使用紙本，通常採用雙層信封制度，把投票人的身份與選票分開。電子投票的地位並不明確。這項修訂以一項許可和一套規格取代了這種不確定性：只要協會的系統滿足現已寫入民法典第5110條(c)(4)(B)的各項要求，協會就可以使用線上電子無記名選票。

雙層信封並未被廢除。它仍是紙本程序，而且基於下文所述的原因，每一次選舉中都仍有紙本。

沒有改變什麼

選舉監察員仍是強制要求

AB 2159釐清了監察員在電子選舉中的角色，但並未取消這項要求。以電子方式投票的協會，仍須聘任一名獨立第三方，此人不是董事、不是候選人，也未與協會簽有提供其他服務的合約。見 民法典第5110條。

會費表決仍用紙本

常規會費和特別會費的表決被排除在電子投票之外。這是這項修訂中最常被忽略的限制，它打破了銷售“先決定、後付款”方案的平臺所假定的流程：在加州，即使周圍的一切都是電子化的，是否徵收會費的決定仍以紙本作出。

會員仍可選擇紙本

電子投票採用選擇退出制。協會通過一項允許電子投票的選舉運營規則；會員最遲可在選舉前90天在電子和紙本之間切換；沒有電子郵件地址的會員會自動收到紙本選票。因此，實際上加州的每一次選舉都是混合選舉，兩個投票渠道必須核對彙總為一份記錄。

先是規則變更，然後才是軟件變更

對於已經臨近的選舉，協會無法改用電子投票。必須先通過運營規則，通知會員投票方式及其選擇退出的權利，並確認設備兼容性——每一項都有各自的法定時限，其中最早的一項大約在會議前五個月就開始起算。

根據您的會議日期計算各項期限 →

相關內容

逐條列出的修改內容

通過比較加州立法顧問辦公室自己發佈的法典在本法案之前和之後的兩個版本整理而成——刪除的文字加刪除線，新增的文字加下劃線，重新編號與實質修改分開列出。

§ 5105

在該期間內，只有本法案修訂了本條。

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

在該期間內，只有本法案修訂了本條。

  1. (c)(4)修訂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)增訂Each member voting by electronic secret ballot shall be provided with all of the following:
  3. (c)(4)(A)(i)增訂A method to authenticate the member’s identity to the internet-based voting system.
  4. (c)(4)(A)(ii)增訂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)增訂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)增訂Any internet-based voting system that is utilized shall have the ability to accomplish all of the following:
  7. (c)(4)(B)(i)增訂Authenticate the member’s identity.
  8. (c)(4)(B)(ii)增訂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)增訂Transmit a receipt from the internet-based voting system to each member who casts an electronic secret ballot.
  10. (c)(4)(B)(iv)增訂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)增訂Store and keep electronic secret ballots accessible to elections officials or their authorized representatives for recount, inspection, and review purposes.
  12. (c)(5)修訂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)修訂Determine when the polls shall close, consistent with the governing documents. Count and tabulate all votes.
  14. (c)(7)修訂Determine when the tabulated results of polls shall close, consistent with the election. governing documents.
  15. (c)(8)修訂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)增訂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)修訂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

在該期間內，只有本法案修訂了本條。

  1. (a)修訂… 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)增訂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

在該期間內，只有本法案修訂了本條。

  1. 修訂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

在該期間內，只有本法案修訂了本條。

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

比較的版本：2013年版和2025年版。兩者都是加州立法顧問辦公室每兩年發佈一次的批量資料，各自在該立法會期結束後定稿。