In September 2024, Governor Gavin Newsom signed AB 2159, a law that opens the door for California community associations to conduct online voting through Electronic Secret Ballots. Here at Pilera, we know that making the switch to online voting can feel overwhelming, with lots of details to manage. That’s why we’ve put together this guide to walk you through what California AB 2159 means for your community. We’ll cover everything you need to know about California’s new online voting rules, the benefits of online voting, and give you practical tips and tech advice to ensure your association’s transition is as smooth and secure as possible.
About California AB 2159:
California’s AB 2159 allows Community Associations to conduct voting online using Electronic Secret Ballots. Here’s are the important voting rules that California HOA and Condo associations now need to know if you’re considering a switch to online voting.
- Electronic Secret Ballots Now Permitted – The law expands previous guidelines, allowing HOAs to conduct elections via secure electronic ballots.
- Flexibility for Residents to Change Voting Method – Residents can choose their voting method (electronic or written) up to 90 days before an election.
- Advanced Communication – HOAs must notify residents well in advance, detailing the electronic voting process, deadlines, and how to participate.
- Election Inspector Requirements:
- Ensure the electronic system includes voter identity authentication.
- Conduct system checks 30 days before voting.
- Maintain secure records of both written and electronic ballots until the election challenge period ends.
- Voting System Requirements – The system must authenticate voter identities, validate each ballot, and send email receipts after online votes are cast.
- Confidentiality of Vote Tallies – Electronic vote tallies must remain confidential until they are counted publicly at an open meeting.
- Opt-In and Opt-Out Options – Residents must submit written requests to opt in or out of electronic voting. That way, HOA records will reflect each resident’s preference.
Benefits of Online Voting for Your HOA
Studies have shown that online voting can increase voter turnout by 3.5% to 8.2%, particularly among individuals who might not vote through traditional methods. Here’s a closer look at the benefits online voting can bring to your HOA community.
Increased Security
Paper ballots may lead to resident concerns about ballots being misplaced, unauthorized votes, or results being viewed prematurely. A secure online voting platform addresses these issues by verifying residents’ identities, restricting votes to one per unit, and securely sealing ballots until the day they need to be unveiled.
Maximize Participation and Outcomes
Online voting brings the convenience of casting a vote from anywhere, whether residents are traveling or unable to visit a polling station. By offering a user-friendly online voting portal, you empower more residents to participate, ensuring that community decisions reflect the true consensus, rather than the voices of only a select few.
Save Costs
Online voting can significantly reduce costs associated with printing, mailing, and ballot handling. Each election cycle, traditional paper ballots cost U.S. states millions of dollars, while mobile voting trials, like the one in West Virginia, have shown impressive cost savings by cutting out distribution and return expenses. Estimates suggest that transitioning from in-person voting to online can save voting administrators 30-50% in overhead. Similarly, community associations can save hundreds or even thousands in mailing, printing, and administrative costs every election cycle – making online voting a smart, cost-effective choice for communities.
Improved resident privacy
For associations that want to conduct online voting, California law now requires that it be conducted through Electronic Secret Ballots. Online platforms protect resident privacy by redacting names, addresses, and specific votes in reports and results, fostering greater trust in the voting process while ensuring votes are counted securely and choices are private.
Accurate counting of results
Paper ballots carry risks of miscounts or missed votes. In contrast, online voting ensures automatic and precise vote tallying according to your HOA’s guidelines, such as calculating votes based on percentage ownership in condo communities. This accuracy reduces the likelihood of vote challenges and ensures timely decisions.
How Your Association Can Prepare for Electronic Secret Ballots and California AB 2159
1. Choose a Robust Online Voting Platform
Select a secure electronic voting platform that will help you comply with the new law requirements. Your software platform should be able to help you conduct Electronic Secret Ballots that obscure resident information while accurately counting votes. Other important features to consider include:
- Multi-device support (mobile, tablets, desktop) – Give residents the flexibility to vote from anywhere easily.
- Ballot Design – Add your own questions and create a ballot design that is easy for residents to cast their vote.
- Resident communication for pre-voting notifications – Send automated phone, email, text, and postal mailing based on residents’ preferences
- Ballot Audit – Increase transparency by seeing a history of who has unsealed ballots and viewed results.
- Data protection and verification – Protect unauthorized access by ensuring that only verified residents in the community can vote
- Email receipts – Send email confirmations to residents after they cast a vote.
- Unseal results – Reveal results during an open meeting to increase transparency.
- Quorum checker – See how close the community is to meeting quorum.
- Weighted voting – Automatically calculate percentage of ownership for accurate voting results.
- One vote per unit policy – Allow only one vote per unit to ensure voting and elections are fair.
2. Engage and Inform Residents
Effective communication is key to a smooth transition to electronic voting. Begin informing residents well ahead of time, covering the process, deadlines, and how they can opt-in or opt-out of electronic voting. Clearly highlight the deadline for changing voting preferences (electronic or written) up to 90 days before the election date. Studies show that you need to remind people 3-5x about an event to increase the likelihood that they’ll attend or take action.
The more education you can provide to residents about the voting process, the more successful your elections will be. Offering informational sessions, detailed guides, or video tutorials can help residents feel confident and prepared.
3. Keep vote results confidential until after the challenge period ends
It’s important to have a process in place to securely store both electronic and written votes until the election’s challenge period ends. Keep electronic vote tallies confidential until the final count is shared at a transparent, open meeting.
4. Simplify the Opt-In/Opt-Out Process
Provide a straightforward way for residents to submit their voting preferences, whether electronic or written. Accurately record these preferences to respect and uphold each resident’s choice.
5. Run a Test Election
Before the official election, conduct a mock or test election to identify any technical adjustments that you need to make. This includes testing to make sure you can send out communications to residents. This test run allows time for you to resolve issues and ensures a seamless experience for all participants.
6. Review and improve
After the election concludes, review the entire process to identify areas for improvement. You can then apply any adjustments to future elections, refining the system to best serve the community.
With these strategies, your community association can not only stay compliant with California AB 2159 but also provide a trustworthy, streamlined electronic voting experience for all residents.
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Schedule a Consultation to Stay Ahead
The new California law, AB 2159, brings an exciting opportunity for HOA and Condo Associations by introducing the flexibility and enhanced security of online voting. With a reliable platform like Pilera’s that supports Electronic Secret Ballots and ensures vote confidentiality, your HOA can build a trustworthy voting process that residents can rely on. Ready to boost participation and simplify your election process? Pilera’s online voting platform makes it easy to increase engagement, reduce costs, and empower your community’s voices. Read our story in the press to learn how community associations are meeting quorum with Pilera! Schedule a consultation below to see how you can modernize your HOA’s elections for a more inclusive and efficient future!
About Pilera
Pilera Software is a CRM custom built for the community association industry and has helped thousands of community managers enhance communications, improve customer service, and manage compliance.
