Ballot-Harvesting
Is ballot-harvesting allowed in HOA elections?
The short answer is no, as explained below.
- Ballot-harvesting occurs when an individual gathers completed ballots from homeowners and then forwards those ballots to the Inspector of Elections. Pro Elections discourages ballot-harvesting because it undermines homeowners’ confidence in the election and is inconsistent with the legal requirements of the Davis-Stirling Act.
- Section 5110(c)(3) of the Davis-Stirling Act requires the Inspector of Elections to “receive ballots.” Similarly, Section 5115(b)(1) of the Davis-Stirling Act requires ballots to be “returned…to the inspector or inspectors of elections.”
- Pro Elections interprets Sections 5110(c)(3) and 5115(b)(1) as requiring that ballots be sent directly to the Inspector of Elections and not given to another person to be delivered to the Inspector. In other words, Pro Elections interprets Sections 5110(c)(3) and 5115(b)(1) as prohibiting ballot-harvesting.
- Sections 5110(c)(3) and 5115(b)(1) are specific: they apply only to HOA elections. Pro Elections, therefore, believes the sections are controlling regardless of other California laws that apply to other types of elections. Rose v. State of California (1942) 19 Cal.2d 713, 723–724 (holding that a specific law controls over a general law).
- Although Pro Elections interprets relevant statutes to prohibit ballot-harvesting in HOA elections, Pro Elections does not have the authority to stop ballot-harvesting. Pro Elections reminds candidates, board members and homeowners that ballot-harvesting should be avoided if the association wants a challenge-free election that will not run the risk of being voided by a court of law.
What is Ballot-Harvesting?
Ballot-harvesting occurs when an individual gathers completed ballots from homeowners and then forwards those ballots to the Inspector of Elections. Pro Elections discourages ballot-harvesting because it undermines homeowners’ confidence in the election and is inconsistent with the legal requirements of the Davis-Stirling Act.
