Election Inspector Qualifications
Election Inspector Qualifications
Civil Code 5110 (a)
The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three.
(b) For the purposes of this section, 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.
Independent Third Parties
As provided for in Civil Code §5110(b), inspectors of election must be independent third parties.
- a volunteer poll worker with the county registrar of voters
- a licensee of the California Board of Accountancy (a CPA)
- a notary public
A member of the association (who is not 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 director),
and meets one of the three above qualifications may qualify as an independent third party.
Professional Inspectors of Election
There are companies that provide professional inspector services to associations. They can be hired to prepare ballots, mail and collect ballots, and count votes. Putting an Inspector under contract does not violate the independent status of the Inspector. Civil Code §5110 provides that "An independent third party may not be a person . . . who is currently employed or under contract to the association." As long as the Inspector is not currently employed by the association for other services, the board can hire the person to run the election.
Prohibited Inspectors
Associations may not appoint or use inspectors who are:
- members of the board of directors,
- a candidate for the board of directors,
- related to a member of the board of directors, or
- anyone under contract with the association.
NON-ATTORNEY DISCLOSURE: HOA Election Inspectors is not a law firm nor are any of its employees. We are not lawyers and cannot give legal advice. We can not represent you in court. We can provide document preparation services at your direction. Services provided by HOA Election Inspectors are not a substitute for the advice of a lawyer. If you have any legal questions, you should seek the advice of an attorney who is an active member of the California State Bar.
