Apartment Owners New You Can Use

Inspector of Election News & Updates Davis-Stirling Compliant Election

Written by Tom Gallanis | Oct 20, 2022 7:28:36 PM

Who Can Be a Volunteer Inspector of Elections?

First of all, we must look at the rules as to the definition of the Inspector of Election as identified under the Davis-Stirling Act. 
An association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three. 

Independent Third Parties. As provided for in Civil Code § 5110(b), inspectors of election must be independent third parties. When we are referring to a Volunteer Inspector of Elections  this includes, but is not limited to, the following:

  • 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 directors)

HOA Voter Election Services provides professional inspector services to associations. We offer three types of plans. Plan I is designed for smaller associations who want to save money and run an election themselves but not by themselves.

Plan II is designed for Associations that want to share the duties, but want to hire an Inspector of Elections who handles the count and certification of the election. This service is the most popular for mid-size associations.

Plan III, is more robust, typically we are hired to prepare ballots, mail and collect ballots, count votes and certify the election.

By hiring us as your Inspector of Elections and retaining our services you are not violating the independent status of the Inspector. Civil Code § 5110 states in part 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.

We often get asked the question whom is  Prohibited from being an Inspector.   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 is the best time to hire an Inspector of Elections?

Hiring an Inspector sooner is best. The timeline for elections typically are 100 days or more, and having your inspector on board early could eliminate errors in the election process. 

Want to get a quote for your upcoming HOA or Associaiton Election? CLICK HERE