QUESTION: We have authorization from all homeowners to send all correspondence, billing, etc. by email. Can we also send election ballots by email? It is expected to be an uncontested meeting.

ANSWER: Email ballots would be convenient and a less expensive than paper ballots. Unfortunately, they would not be “secret” as required by the Davis-Stirling Act if they are returned by email. The statute requires ballots be returned in a double envelope system. Depending on your governing documents you may be able to dispense with balloting altogether in uncontested elections.

- Adrian Adams
Adams Kessler PLC