Amended  IN  Assembly  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2159

Introduced by Assembly Member Maienschein

February 06, 2024

An act to add Section 5116 to the Civil Code, relating to common interest developments.


LEGISLATIVE COUNSEL'S DIGEST


AB 2159, as amended, Maienschein. Common interest developments: association governance: member election.
Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments. Existing law requires elections regarding specified matters concerning the governance of common interest developments to be held by secret ballot in accordance with certain procedures.
This bill would authorize an association to conduct an election by electronic secret ballot unless the association’s governing documents provide otherwise. The bill would require an association that conducts an election by electronic secret ballot pursuant to these provisions to ensure, among other things, that the electronic secret ballots provide a method to authenticate the member’s identity to the online voting system and a method for the member to confirm that their electronic device can successfully communicate with the online voting system at least 14 days before the voting deadline. The bill would require the online voting system to have the ability to authenticate the member’s identity, authenticate the validity of each electronic vote, and to transmit a receipt to a member that casts an electronic vote. If an electronic secret ballot is conducted by internet website, the bill would require individual notice of the ballot be delivered to each member and would require that notice to also include specified information, including instructions on how to vote by electronic secret ballot. The bill would specify that an electronic secret ballot is effective when transmitted and irrevocable. The bill would prohibit the use of an electronic secret ballot unless the association creates procedures that provide an opportunity for members to vote by written secret ballot.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5116 is added to the Civil Code, to read:

5116.
 (a) As used in this section, “electronic secret ballot” means a ballot conducted by email or internet website.
(b) Unless the governing documents provide otherwise, the association may conduct an election as provided for in Section 5100 by electronic secret ballot.
(c) An electronic secret ballot shall comply with the requirements of this article and the association’s governing documents.
(d) An association that conducts an election by electronic secret ballot pursuant to this section shall ensure that all of the following conditions are satisfied:
(1) Electronic secret ballots shall provide each member with all of the following:
(A) A method to authenticate the member’s identity to the online voting system.
(B) For an election of directors, a method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot.
(C) A method to confirm, at least 14 days before the voting deadline, that the member’s electronic device can successfully communicate with the online voting system.
(2) The online voting system utilized by the association shall have the ability to accomplish all of the following:
(A) Authenticate the member’s identity.
(B) Authenticate the validity of each electronic vote to ensure that the vote is not altered in transit.
(C) Transmit a receipt from the online voting system to each member who casts an electronic vote.
(D) For an election of directors, permanently separate any authentication or identifying information from the electronic election ballot, rendering it impossible to connect an election ballot to a specific member.
(E) Store and keep electronic votes accessible to election officials for recount, inspection, and review purposes.
(e) For purposes of determining a quorum, a member voting electronically pursuant to this section shall be counted as a member in attendance at the meeting. A substantive vote of the members shall not be taken on any issue other than the issues specifically identified in the electronic vote.

(d)

(f) 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.

(e)

(g) If an electronic secret ballot is conducted by internet website, individual notice of the ballot shall be delivered to each member and shall contain instructions on both of the following:
(1) How to obtain access to the internet website.
(2) How to vote by electronic secret ballot.

(f)

(h) A vote made by electronic secret ballot is effective when it is electronically transmitted to an address, location, or system designated by the inspector or inspectors of elections for this purpose.

(g)

(i) A vote made by electronic secret ballot shall not be revoked.
(j) A member’s consent to vote by electronic secret ballot shall be valid until the member opts out in accordance with the procedures established by the board.

(h)

(k) The association shall not use an electronic secret ballot unless the association establishes procedures that provide an opportunity for members to vote by written secret ballot.