Proxy elections

What a proxy is, and why it is different from a ballot

A proxy hands your vote to someone else to cast on your behalf, usually because you cannot attend the meeting or return a ballot yourself. That is a different thing from a secret ballot, which is built so that nobody, not even the person counting it, can trace the vote back to the voter. A proxy is a signed instrument tied directly to your name. It solves an attendance problem, but it creates a trust problem: whoever holds your proxy is trusted to vote the way you instructed, or however they judge best if you left it open.

Robert's Rules of Order, the parliamentary authority many associations name in their bylaws, does not recognize proxy voting on its own. It only applies where a source outside Robert's Rules turns it on.

"federal, state, or other laws applicable to the society require it, or the bylaws of the organization authorize it."

Source: Robert's Rules of Order Newly Revised, Frequently Asked Questions, Robert's Rules Association

Some states write proxy voting directly into statute. Florida is one example: its statute affirmatively authorizes and regulates proxies, which is exactly the kind of law-level authorization Robert's Rules defers to rather than overriding.

Where proxies are used, they are handled with the same rigor as ballots

In states with a detailed election statute for common-interest developments, a proxy is not a casual note passed at the door. It becomes part of the official record. California's statute lists proxies among the materials an independent inspector of elections must keep in secure custody after an election, right alongside sealed ballots and signed voter envelopes.

"sealed ballots, signed voter envelopes, voter lists, proxies, candidate registration lists,"

Source: California Civil Code, Davis-Stirling Common Interest Development Act, California Legislative Information

That custody runs through the window during which someone can legally challenge the results, see Election records retention, then passes to the association. If your state or bylaws allow proxies at all, expect them to be tracked with the same paper trail as a ballot, not handled informally by whoever happens to be holding one at the meeting.

What to check before you rely on one

Whether proxies are legal for your association, who may hold one, how many a single person may collect, and whether a proxy must state how to vote or can be left to the holder's discretion, all vary by state statute and by your own bylaws. Some states regulate proxies closely; many say nothing about them at all, in which case Robert's Rules' default, no proxy without authorization, controls.

Do not assume a proxy accepted last year is automatically valid this year. Election law in this area changes; California's own electronic voting rules changed materially effective January 1, 2025. Read your state's current statute and your own bylaws before a proxy is used to fix a quorum problem or swing an election.