Academy/Membership & Annual Meetings
Election recounts
What it actually takes for your association to recount a vote, and the exact moment that option disappears for good.
A vote can be recounted only if the assembly itself adopts a motion to recount, seconded and passed by majority vote; no chair, teller, or single officer can order one alone. That option disappears once the winner has assumed office. Some states also give members their own separate legal deadline to challenge an election beyond this internal recount right.
Who can call for a recount
After ballots are counted, the tellers or an inspector of election report the numbers, but they do not announce a winner. That is the presiding officer's job.
"After the votes are counted, the lead ballot counter reads aloud to the membership the complete report of the vote counts but doesn't declare the result."
"The motion to have a vote for a particular office recounted needs a second, is not debatable, and takes a majority vote to adopt."
Source: Robert's Rules of Order, Chapter 12 (elections), Westside Toastmasters
If a member thinks the count is wrong, the fix is not a personal recount at the table. It takes a motion, seconded, and a majority vote of everyone in the room, the same way any other business gets decided.
The deadline that ends the option
The right to ask for a recount does not last forever. Once the winner has taken up the position, Robert's Rules treats the question as closed.
"After the person elected to office assumes the position, it is too late to nullify an illegal election."
Source: Robert's Rules of Order, Chapter 12 (elections), Westside Toastmasters
That deadline is also why ballots do not have to sit in a drawer forever. Robert's Rules Association's own Official Interpretation ties ballot retention to whether a recount is still possible.
"if there is no possibility that the assembly may order a recount (which requires a majority vote unless a special rule permits a lesser number to do so), the ballots can be ordered to be destroyed or to be filed for a certain length of time with the secretary."
Source: Robert's Rules of Order Newly Revised, Official Interpretations, Robert's Rules Association
Check your own bylaws, or ask whoever is chairing the meeting, how long your association keeps ballots before that window closes.
When state law adds its own remedy
Whether members have any legal option beyond this internal recount right, and how long they have to use it, varies by state. California is one example of a state that adds its own civil remedy on top of the internal process.
"within one year of the date that the inspector or inspectors of elections notifies the board and membership of the election results or the cause of action accrues, whichever is later"
"shall be entitled to reasonable attorney's fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation"
Source: California Civil Code section 5145, California Legislature
Look for an internal appeal process in your own governing documents first, then check whether your state's statute gives members a separate right like this one.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
At the annual meeting, votes are read aloud and a member questions the count. What does Robert's Rules require before ballots can be recounted?
The newly elected treasurer was sworn in and started signing checks last week. A member now questions the vote count. Can the association still order a recount?
A California HOA member believes the board violated the state's election procedures. Under California's own statute, what is true about pursuing this beyond an internal recount?
Sources
- Robert's Rules of Order, Chapter 12 (elections), Westside Toastmasters
- Robert's Rules of Order Newly Revised, Official Interpretations, Robert's Rules Association
- California Civil Code section 5145, California Legislature
Related elsewhere in the Academy
Membership & Annual Meetings
Wondering what happens if a recount does not settle the dispute? See Election challenges.
How long ballots must be kept before they can be destroyed, and whether members have a separate legal remedy beyond an internal recount, varies by state and by your governing documents.