Civil Code §5110. Inspectors of Election.

​

Independent Third Parties. As provided for in Civil Code §5110(b), inspectors of election must be independent third parties. This includes, but is not limited to, the following:

​

• a volunteer poll worker with the county registrar of voters,

• a licensee of the California Board of Accountancy (a CPA),

• a notary public, and

• a member of the association (who is not a member of the board of directors or a candidate for the board of directors or related to a member of the board of directors or a candidate for the board of director).

 

Professional Inspectors of Election. There are companies that provide professional inspector services to associations. They can be hired to prepare ballots, mail and collect ballots, and count votes. Putting an Inspector under contract does not violate the independent status of the Inspector. Civil Code §5110 provides that "An independent third party may not be a person . . . who is currently employed or under contract to the association." As long as the Inspector is not currently employed by the association for other services, the board can hire the person to run the election.

Prohibited Inspectors. Associations may not appoint or use inspectors who are:

• members of the board of directors,

• a candidate for the board of directors,

• related to a member of the board of directors, or

• anyone under contract with the association.

​

When to Appoint. Inspectors should be selected early in the election process.

​

Duties. Inspectors of election must perform their duties impartially, in good faith, to the best of their abilities, and as expeditiously as practical. (Civ. Code §5110(d).) Inspectors must perform the duties listed below. To help in the expeditious performance of their duties, inspectors can delegate some tasks (marked with an asterisk (*) to a person or persons, including the association's management company. Those duties marked with a double asterisk (**) require an independent third party to assist the inspector.

​

• * Determine the number of memberships entitled to vote and the voting power of each. (Civ. Code §5110(c))

• * Prepare a voter list and correct any information within two business days of receiving notice of errors. (Civ. Code §5105(a)(7)) 

• *Prepare a list of candidates and correct any information within two business days of receiving notice of errors. (Civ. Code §5105(a)(7)) 

• Designate a location for mailing ballots or delivery by hand (and provide a receipt if requested). (Civ. Code §5115(c)(2))

• * Deliver ballots with instructions to each member of the association. (Civ. Code §5105(g)(4))

• * Deliver election rules to each member of the association. (Civ. Code §5105(g)(4))

• Receive ballots from members. (Civ. Code §5115(b)(1))

• * Verify member information and signatures on outer envelopes. (Civ. Code §5120)

• Determine authenticity, validity, and effect of proxies. (Civ. Code §5110(c))

• Hear and determine challenges and questions. (Civ. Code §5110(c)(4))

• Determine when the polls close. (Civ. Code §5110(c))

• ** Open ballots and tabulate votes. (Civ. Code §5110(c); §5120(a).)

• Determine the results of the election. (Civ. Code §5120(a))

• Report the results to the board. (Civ. Code §5120(b)) 

• Perform acts as may be proper to conduct the election with fairness to all members. (Civ. Code §5110(c)(8))

• Keep custody of election materials. (Civ. Code §5125)

• Oversee recounts. (Civ. Code §5125)

• Make records available for legal challenges. (Civ. Code §5125)

• Make records available for and oversee inspection during the time records are in the inspector's custody. (Civ. Code §5205(a))

• ​

Early Ballot Count. Providing members with an early ballot count is not one of the inspector's duties.