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Committees by typeLesson 13 of 23

Academy/Committees & Volunteers

Election committees

Ballots need someone watching the count who has nothing riding on the result.

An election committee oversees how ballots for board elections and other member votes are distributed, collected, and counted. Its real job is independence: whoever counts the votes should have no stake in who wins. Some states, like California, require a specific independent inspector for this. Most states leave the exact mechanics to your bylaws and election rules.

01

What the job actually is

An election committee handles the logistics of a fair vote: sending ballots, receiving them, verifying who cast one, and reporting a count the membership can trust. That work touches something more sensitive than most committee business, since it decides who ends up on the board.

No source behind this course establishes that any state requires an association to have a committee with this exact name. What states regulate, where they regulate it at all, is the independence of the count itself, not the existence of a committee. An association with no group called an "election committee" can still be meeting the same underlying obligation through an outside inspector, a manager, or a process the board runs directly. Check your state's community association statute and your own bylaws for what, if anything, is required.

02

Independence is the requirement, not the title

Where states do regulate this, the rule is usually about who is allowed to count, not what the counter is called. California requires an independent third party or parties as inspector of elections, and defines who does not qualify.

"An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director."

Source: California Civil Code section 5105, State of California

The logic behind that rule travels even where the specific statute does not: a director running for reelection, or someone related to one, has a reason to want a particular result, so that is a bad person to hand the ballots to. Whether your own state imposes a rule like this, and who counts as independent, is something to look up, not assume.

03

The committee still doesn't set the rules on its own

Like most committees, an election committee generally recommends and the board decides, unless the bylaws say otherwise. If the committee wants to change how proxies are counted, or add a new verification step, that change becomes part of the association's official election rules only once the body with authority over them adopts it. The committee's opinion on its own does not bind anyone.

That also means the underlying duty to run a fair election does not belong to the committee either. It sits with the board. Forming a committee, or naming an inspector, is one way the board satisfies that duty. It is not a way to hand the duty away.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

A candidate for the board offers to personally tally the ballots after voting closes. What is the concern?

The election committee wants to change how proxies are counted this year. What must happen before that change is official?

No inspector of elections is named anywhere in the bylaws. Who is responsible for making sure the vote count happens fairly?

Sources

Related elsewhere in the Academy

Committees & Volunteers

Want to know what happens once the committee sends its recommendation to the board? Read Committee recommendations next.

Whether your state requires an independent inspector of elections, who qualifies as independent, and whether your bylaws even use the term "election committee" all vary by state and by your governing documents.