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.
(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.
(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.
(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.
(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.
(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.
(l) The association shall not use an electronic secret ballot for levying regular or special assessments, as provided for in Chapter 8 (commencing with Section 5600).