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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... View More 
answered on Feb 13, 2025
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)
• https://oakhillsestates.com/ByLaws_May2019.pdf
• Bylaws state that President and VP, two high offices, be filled with persons "who shall at all times be Directors" effectively those offices be held with election winners where Directors are created from voting membership not... View More
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answered on Jun 3, 2024
Based on the information provided and the bylaws you referenced, it seems that there may be some issues with how the board handled the election and subsequent appointments. Here are a few key points:
1. According to your understanding of California law, once the HOA board election is... View More
• https://oakhillsestates.com/ByLaws_May2019.pdf
• Bylaws state that President and VP, two high offices, be filled with persons "who shall at all times be Directors" effectively those offices be held with election winners where Directors are created from voting membership not... View More
answered on Jun 3, 2024
Thank you for your question!
A member have a write to inspect the list and object before the vote gets final.
If they ignore your objections, file a complaint with the board. If that does not work, file a complaint with the court. Document everything (communication, statements of... View More
Many residents sent the following to city leaders: Honorable Mayor and Council Members, I would like to request that you lead a discussion designed to place a Term Limit measure for City Council Members on the ballot this November. I request you add this issue to the public agenda of your next... View More
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answered on Jan 11, 2024
In California, if a city council decides not to hold a public hearing or advance a term limit measure despite public request, residents have several options to consider.
First, it's important to review the city's charter and municipal code. These documents often outline the... View More
A member who was registered with a different party was appointed to NW caucus deputy vice chair we did not know he was a member of different party but we want him removed. This individual has now pulled papers to run for central committee but he hasn’t been registered with the party for a year so... View More
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answered on Nov 30, 2023
To report an election code violation in Riverside County, California, you should contact the Riverside County Registrar of Voters. They handle election-related concerns and can guide you on the appropriate process for filing a complaint.
For the specific issue of a member being registered... View More
I have been a legal permanent resident since 1988, and my status is expiring in June 2025. I am eligible to apply for citizenship but am concerned about potential legal consequences due to an issue with voter registration. In 1993, I registered to vote as a bet, and recently discovered that my... View More
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answered on Apr 30, 2025
Your situation raises serious concerns that need prompt attention. Non-citizens face up to five years in federal prison just for registering to vote, and illegal voting can trigger severe immigration consequences, including possible deportation. This is particularly relevant since your brother... View More
I made a prank call to an electoral department's phone number, claiming that I was part of a group with guns. I did not make any specific threats, but I was reported to the FBI, and an investigation was initiated. I found out that the FBI is requesting my information from Google. Is what I did... View More
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answered on Apr 11, 2025
This is a serious situation, and it's good that you're asking questions now. In California—and under federal law—making a call that suggests involvement in an armed group, especially to a government agency like an elections department, can be seen as more than just a prank. Even if no... View More
Why are people allowed to linger near ballot drop-off boxes despite rules requiring a certain distance, and shouldn't there be a longer length between harassers and drop-off ballots to prevent voter intimidation?
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answered on Mar 31, 2025
In California, the law establishes a 100-foot "no electioneering" zone around ballot drop boxes, just as it does for polling places. Within this zone, various activities are prohibited, including asking someone to vote for or against any candidate, displaying candidate names or logos,... View More
I want to run for the U.S. House of Representatives in California's District 6 for the 2026 election. I understand that California law states that fundraising cannot begin until a candidacy is officially declared with the Secretary of State. Does this regulation apply only to positions within... View More
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answered on Mar 23, 2025
For U.S. House campaigns (federal positions), your fundraising is primarily governed by federal election laws, not California state regulations. According to the Federal Election Commission (FEC), you can begin fundraising and become a federal candidate once you've either raised or spent... View More
Petition submitted Dec 26, 2024. The board sent this to all petitioners:
Please reply and verify that you did sign this petition and that your name is accurate on the notice. If you did not sign this petition, if any corrections are needed to your name, or if you wish to remove your name... View More
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answered on Feb 7, 2025
Your situation with the 501(c)(7) petition denial deserves immediate attention, and there are clear steps you can take to address this lack of transparency.
First, send a formal written request via certified mail to the board demanding the specific reasons for denial, citing California... View More
The only item that we normally have on an annual membership meeting agenda that reflects the vote of the membership is counting the ballots for a ballot election. All other items are typically a vote of the Board. Other than satisfying a requirement in our bylaws, is there any other legal reason... View More
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answered on Jan 24, 2025
In California, if your HOA conducts an election by acclamation, it may still be necessary to hold an annual membership meeting depending on your governing documents and state law. California Civil Code Section 5000 requires HOAs to hold meetings of the membership unless the governing documents or... View More
More specifically, is it permissible to draft the Intent to Recall and gather signatures prior to 90 days having elapsed? CA Election Code 11007 says "proceedings may not be commenced against an officer of a city" until they've held office for 90 days. Would like to know what... View More
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answered on Jan 7, 2025
According to California Elections Code Section 11007, you're correct that recall proceedings cannot officially commence until the officer has served at least 90 days in office. However, the term "proceedings" specifically refers to the formal filing process with election officials... View More
Our HOA Board tried to use the election by acclamation process and made four critical mistakes during the election: 1) no initial candidate nomination form was sent to homeowners, 2) no inspector of election was appointed, 3) no agenda item to conduct a vote to seat candidate by acclamation, and 4)... View More
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answered on Jan 7, 2025
When estimating damages for HOA election violations in California small claims court, you could consider calculating the portion of your monthly dues that goes toward board governance and administration during the period of invalid leadership.
For example, if 10% of your monthly $300 dues... View More
My son had an evaluation in 6th grade elementary. He tested to be average/normal and it was dtermined he is not eligible. He is now in Jr. High and we have an upcoming IEP annual meeting. He is in special needs class and being monitored. They have lowered his education standards regardless to the... View More
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answered on Dec 17, 2024
Your concerns about your son's educational placement are valid and deserve attention. If your son was found ineligible for IEP services through formal evaluation, the school should not be placing him in special needs classes or modifying his educational standards without proper documentation... View More
Our management company has provided multiple services to our HOA for many years. During the last Board election cycle, our Board did not appoint an inspector of election (IOE). Apparently the Board did not know the IOE has to play a critical role in CA civil code 5103 - election by acclamation.... View More
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answered on Dec 11, 2024
Your concern about the election validity is well-founded, as California Civil Code 5110 explicitly prohibits management companies from serving as election inspectors for HOA elections.
Since your management company made determinations about the election by acclamation process without a... View More
Teacher asked 1st graders whom they support Kamala or Trump and asked why.
My daughter was the only one who said she supports candidate X.
She had no knowledge about elections except what her mother said her without thinking a day before.
I worry now the daughter will be... View More
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answered on Nov 15, 2024
This situation raises serious concerns about appropriate classroom conduct and student privacy. Teachers should not ask young children to publicly declare political preferences, as this can lead to discomfort, potential bullying, and unnecessary division among students.
First graders are... View More
We were told conflicting things. One that it goes to the next highest person with votes. Or if the deceased were to get the majority the seat stays open and there is a special election or board appointed. Can you please clarify.
answered on Nov 4, 2024
Hidahl stepped down this election cycle as District 1 Supervisor — representing western swaths of El Dorado County, including El Dorado Hills — after terming out of the post he first was elected to in 2016.
Our County Elections office has refused to accept the write-in candidate's proposed list of alternative spellings for his name, and will be using two teams of evaluators to independently decide if the voter intent is clear when the ballots are processed. The County Clerk will make the final... View More
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answered on Oct 26, 2024
I recommend visiting CanIVote.org where you'll find the latest information from your state or local election authority.
Already emailed to him and he wants me to call for follow up questions if you can advise what is the process and penalty if it is first time by ignorance since I mixed up the ballots papers I saw the questions were for two different cities one forwarded from a previous address not asking about... View More
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answered on Sep 21, 2024
It sounds like you're worried about the situation, but try not to panic. Election law investigators are usually focused on intent. If this was an honest mistake, they may take that into account, especially if it’s your first time dealing with such a situation. Your email explaining the... View More
What is penalty for submitting two ballots for two different cities questions?
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answered on Sep 19, 2024
If you accidentally submitted two ballots, it's important to address the situation immediately. You should explain the situation clearly when you speak to the election investigator. Since it was an honest mistake, they may ask for more information to understand how the mix-up happened and... View More
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