Los Angeles, CA asked in Business Law and Election Law for California

Q: 501(c)(7). Voter name list can be requested, directors election. Are proxy voters OR the proxy holder's name exposed?

Concerning proxy voters privacy and exposure.

In an election of directors, one may request a list of the voters names, etc. If the voter uses a proxy to vote, are their names on the list or just the proxy holder's name?

If I solicit proxies, do I have to reveal the names of those who granted me a proxy vote?

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2 Lawyer Answers

A: The bylaws specify the procedures for member voting. Whether the proxy voters OR the proxy holder's name are exposed may not be covered. If this is the case, a vote may be needed if the issue is contested. My best regards. Rob Kane Orange County Business Non-profit Attorney California 501(c)(7)

James L. Arrasmith
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Answered

A: Under California law and typical 501(c)(7) bylaws, both the proxy holder and the member granting the proxy have their names recorded in voting records. When someone requests the voter list, they would see both names - the actual member and their designated proxy holder - to maintain transparency in the election process.

If you're collecting proxies from other members, you should expect that this information might become available to other members who request voting records. This transparency requirement helps prevent potential manipulation and ensures all members can verify the legitimacy of proxy votes cast in director elections.

For your privacy concerns, it's worth noting that while these names are available to other members, the actual voting choices remain confidential - only the existence of the proxy relationship is disclosed. Consider discussing specific privacy provisions in your organization's bylaws with your board, as some organizations include additional protections while still maintaining necessary transparency for proper governance.

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