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加州民法典 §§ 5105、5135

選舉規則

業主協會（HOA）必須先通過書面選舉規則，才能舉行會員表決；這些規則必須禁止以任何理由拒絕向會員提供選票，唯一的例外是該人在選票分發時並非會員。

條文 民法典 § 5105 · § 5135 修訂 § 5105: AB 2159 (2024) 相關內容 § 5110 · § 5260 生效 § 5105自2025-01-01起生效 條文核實 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修訂，2027年1月1日起生效

條文以英文呈現，因為法律以英文頒佈，具有法律效力的是英文版本。本頁的說明為中文；如與條文有出入，以條文為準。

(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.

本條的歷史版本

通過比較加州立法顧問辦公室每個立法會期發佈一次的法典版本整理而成。最早的是2013至2014年版，其中《戴維斯-斯特林法》已採用現行編號，因此修改從其後的版本起記錄。這不只是存檔問題：民法典第5145條給予會員一年時間質疑選舉，適用的是選舉舉行當日的現行條文，而不是今天的條文。

  1. AB 21592025-01-01起生效

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

    30處分項修改

    查看修改內容
    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處分項修改 · 10處重新編號

    查看修改內容
    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處分項修改

    查看修改內容
    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處分項修改

    查看修改內容
    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.

逐字轉載自加州立法顧問辦公室（Legislative Counsel）公佈的條文，並與第二個來源逐字核對（leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)）。加州法律屬於政府法令，不受版權保護。本頁為非官方轉載——官方版本由立法顧問辦公室在leginfo.legislature.ca.gov公佈，以該版本為準。
機器可讀：/data/5105.json——同一條文，附分項錨點、日期和來源。

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.

條文以英文呈現，因為法律以英文頒佈，具有法律效力的是英文版本。本頁的說明為中文；如與條文有出入，以條文為準。

(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.

逐字轉載自加州立法顧問辦公室（Legislative Counsel）公佈的條文，並與第二個來源逐字核對（leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)）。加州法律屬於政府法令，不受版權保護。本頁為非官方轉載——官方版本由立法顧問辦公室在leginfo.legislature.ca.gov公佈，以該版本為準。
機器可讀：/data/5135.json——同一條文，附分項錨點、日期和來源。

欠費影響參選資格，而不影響投票

這是最常被弄錯的一項規定，而且出錯的方向是可以預見的。協會可以取消拖欠會費的會員作為候選人參選的資格，但不得剝奪該會員的選票。

這兩項檢驗是分開的，而且適用於不同的時間點。參選資格在提名截止時評估。投票權在選票分發時評估，從那時起，規則唯一可以問的問題是此人是否為會員。

一些平臺暗示提供、而加州明令禁止的功能

提供“暫停欠費業主投票權”功能的軟件，所描述的是協會在加州不能合法去做的事。協會如因此扣留選票，就等於給了會員一個現成的理由，可依據《加州民法典》第5145條宣告選舉無效——而證明該瑕疵無害的責任隨即落在協會身上。在欠費確實影響投票權的司法管轄區（西班牙即是其一），這種機制是正當的；在加州，它則會給協會招來法律責任。

90天切換期限

在協會允許電子投票的情況下，會員最遲可以在選舉前90天在電子投票與紙本投票之間切換。此後，所作的選擇即告固定。

其後果在於操作層面：通知發出時，不能把選民名冊按投票渠道凍結。每位會員名下都記錄著一種投票方式，在期限截止前都可以修改；每次修改都需要記錄時間和操作人，因為兩個投票渠道各自的構成，也是監察員所核證內容的一部分。見混合選舉。

規則必須涵蓋的內容

選舉規則不是董事會通過一次就可以拋諸腦後的形式文件。它是質疑者首先閱讀的文件，也是監察員所適用的文件。規則至少要確定：

規則變更需要很長的準備時間

通過或修訂選舉規則本身有會員通知和意見徵詢期，因此規則變更的實際截止時間大約在其所適用的選舉之前148天。一個到2月才決定於4月採用電子投票的協會，已經錯過了這個期限。從您的會議日期倒推計算 →

協會自己的錢，和自己的“擴音器”

民法典第5135條簡短而絕對：在董事會選舉中，協會資金不得用於競選目的。在協會的其他選舉中，協會資金只能在履行法律所規定義務的必要範圍內使用。

該條接著分兩部分定義“競選目的”，而本著誠信行事的董事會最容易觸犯的，正是第二部分：

現任董事的通訊難題

一位現任董事正在競選連任。協會的月度通訊像往常一樣，在選票截止日期前三週發出，其中有署著會長姓名的會長專欄，還有一張夏季燒烤聚會的照片。沒有人主張任何事情。但民法典第5135條(b)(2)並不問是否有人作出主張。

在這30天期間內，由協會出資、突出顯示候選人姓名的通訊，依定義即屬競選目的——除非依照民法典第5105條(a)(1)，該通訊屬於必須向另一位候選人或倡導者提供平等使用機會的那一類。這一例外就是出路：兩個條文本來就是配套設計的，而對於“我們可以發出嗎”這個問題，答案通常是“可以，只要也向其他候選人提供了同樣的版面”。

正因如此，民法典第5105條(a)規定的平等使用義務並不是一項禮節性條款。正是有了這一機制，協會自己的媒體在選舉期間才能使用；從未執行過這一機制的協會，在表決前一個月內就沒有任何合法方式提及候選人。

AB 2159在此處的修改

民法典第5105條是2024年這項修訂所涉及的七個條文之一。這些修改為電子投票留出了空間：規則現在可以允許電子投票，會員選擇退出的權利寫入了該條，而協會在通知和投票方式方面的義務也隨這一選擇而來。禁止拒絕提供選票的規定並未放寬。見AB 2159。

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