Electronic Secret Balloting
AB 2159 took effect 1 January 2025 and put the compliance duties for electronic balloting on the inspector rather than the association. Under Civil Code § 5110(c)(4) we have to authenticate each voter, confirm 30 days out that their device can reach the system, send a receipt, and permanently separate identifying information from the ballot. Two honest caveats most vendors bury: assessment votes cannot be electronic at all, and § 5105(i)(1)(C)(i) requires a paper ballot be mailed to any member who opts out or has no email on file.
Who this is for
Associations with low turnout and a membership that is genuinely online. Ideally the kind that wants the limits spelled out before committing.
What's included
- Your election rules checked first, because they must already authorise it
- Voter identity authentication and a 30-day device check
- Receipt to every member who casts an electronic ballot
- Identifying information permanently separated from the ballot
- Paper ballots mailed to opt-outs and members with no email on file
- Electronic tally records retained for recount and inspection
Where we run this
Electronic Secret Balloting for homeowners associations in San Diego County and Sacramento County. The count happens in public at your meeting under Civil Code § 5120, so we only take on elections where we can be in the room or on the call for it.