Pursuant to California Civil Code section 1363.03, the Association adopts the following Rules that govern election procedures and related issues. Most of the procedures that govern member voting are set forth in the Amendments of the Restated Bylaws of Tahoe Donner Association dated June 5, 1991 (Hereinafter Restated Bylaws), and some of the Restated Bylaws of Tahoe Donner Association dated March 25, 2004 (Hereinafter Amendments to Restated Bylaws”). The Amendments to the 1991 Bylaws deal primarily with Article IV (Membership Voting), and Article VII (Board of Directors). A number of other provisions that affect elections are affected by the 2004 Amendments to the Restated Bylaws. These Rules are intended to supplement all member voting provisions and address related matters that are required by California statutes that were enacted in 2006 (Civil Code § 1363.03 and 1363.04). Those laws require the adoption of Election Rules like these and specify a number of election/voting materials and requirements, which are addressed or summarized in this document.
In the event of any conflict between these Rules or either set of Bylaws, and the provisions of California Civil Code section 1363.03 and 1363.04, California Civil Code laws and any revisions or supplements thereto, shall control.
II. ELECTION CAMPAIGNING
A. If any candidate or member advocating a point of view is provided access to association media, newsletters, or internet websites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the Board, for purposes that are reasonably related to the election. The Association shall not edit or redact any content from those communications, but may include a statement specifying that the candidate or member, and not the Association, is responsible for that content. (See California Civil Code 1363.03(a)(1).)
B. All candidates, including those who are not incumbents or endorsed by the Board, and all members advocating a point of view, including those not endorsed by the Board, shall have access to common area meeting space during a campaign, at no cost, for purposes reasonably related to the election. (See California Civil Code 1363.03(a)(2).
C. Association funds shall not be used for particular or argued campaign purposes in connection with any Association Board election. General expenses for ballots, mail, and similar general expenses can be paid for by Association funds. (See California Civil Code section 1363.04.)
III. ELIGIBILITY OF CANDIDATES AND NOMINATION PROCEDURES
A. Eligibility for candidates for the Board of Directors and nomination procedures will be conducted as specified in Article VII, Section 2 and Section 4 of the Restated Bylaws of Tahoe Donner.
IV. ELIGIBILITY FOR VOTING, VOTING PERIODS, AND UNCONTESTED ELECTIONS
A. Eligibility for voting, voting rights of each member, and the voting period for elections, including the times at which polls will open and close will be enacted as specified Article IV of the Restated Bylaws of Tahoe Donner. (Proxy and cumulative voting is not permitted.)
B. Pursuant to California Corporations Code Section 7522(a), all director elections must provide for at least fifty (50) days, but not more than one hundred twenty (120) days, for the time period between directors elections and the close of nominations. (No nominations for directors can be made after the date set for the close of nominations.)
C. After the close of director nominations, as provided by Article VII Section 5 (d) of the Amendments to the Restated Bylaws of Tahoe Donner, if not more than the number of open director positions has nominations, the existing Association Board of Directors may, without further election action, declare that those nominated directors have been automatically elected.
D. Article IV, Section 6(d) (i), and Article V, Section 4(a) of the Restated Bylaws provide that notice of the Annual Membership Meeting must be provided not less than 10 days or more than 90 days prior to the meeting. Per Civil Code § 1363.03(e), ballots for the Director election, which is usually concurrent with the Annual Membership Meeting, must be mailed at least thirty (30) days in advance of the election.
V. INSPECTOR OF ELECTION
A. California Civil Code § 1363.03(a), and (b), specify election requirements, the ability to appoint Election Inspectors, and related subjects. Section 1363.03(c) governs the appointment, duties and related matters concerning Inspector(s) of Election (“Election Inspectors”). Pursuant to that applicable law, the Board, in its discretion, may appoint one (1) or three (3) Election Inspectors. The Election Inspector shall be appointed by the Board at least thirty (30) days prior to any such election.
B. Pursuant to Civil Code section 1363.03(c)(2), Election Inspectors must be an “independent third party.” An “independent third party” includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may also be a member of the Association, but may not be a member of the Board of Directors or a candidate for the Board of Directors or related to a member of the Board of Directors or a candidate for the Board of Directors.
C. Once appointed by the Board, the Election Inspector or Inspectors may, at their discretion, appoint and oversee additional persons to verify signatures and to count and tabulate votes, so long as such persons also qualify as “independent third parties” as defined above.
VI. GENERAL PROVISIONS
A. These Rules may be amended by a majority vote of the Board of Directors, in compliance with the notice to members and other requirements of Civil Code section 1357.100 Et Seq.
B. The Association shall develop election and voting procedures that shall be provided to the members that are consistent with the requirements of these Rules. However, the ballot, any procedures and instructions themselves shall not be considered “Rules” within the meaning of Civil Code section 1357.100 Et Seq., so that they may be modified as experience may justify without following the Notice to Member and other requirements of Civil Code section 1357.100 Et Seq. Such modifications must be consistent with these Rules and the governing law.