Secret Ballot

A voting method where the identity of the voter is not linked to their vote, ensuring privacy and reducing the potential for intimidation, retaliation, or social pressure. Secret ballots are particularly important in HOA communities where voters live as neighbors and where board decisions can directly affect property values and daily life. In California, the Davis-Stirling Act (Civil Code Sections 5100-5130) requires secret ballots for all member elections, including board elections, amendments to governing documents, grants of exclusive use of common area, and any other matter requiring a member vote. The Act prescribes a specific double-envelope system: the ballot is placed in an unmarked inner envelope (which contains no identifying information), and that inner envelope is placed inside an outer envelope printed with the voter's name, address, and a signature line. This allows the inspector of elections to verify voter eligibility by checking the outer envelope against the membership roster, then separate and open the inner envelope without knowing how the voter voted. Ballots must be distributed by the inspector of elections at least 30 days before they are due and may be returned by first-class mail or handed to the inspector at the meeting where ballots are counted. The inspector — who must be independent (not a board member, candidate, or relative of either) — oversees the entire process from distribution through counting. After tallying, all ballots must be stored for at least one year, during which any member may verify the results through the association's records inspection process.