Common interest developments: association governance: elections.
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AB 2159 — Common interest developments: association governance: elections.
Last action — Chaptered by Secretary of State - Chapter 383, Statutes of 2024.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 06, 2024. Enacted.
Signed by Governor Gavin Newsom (Democratic) on September 22, 2024.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
(1) Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments. Existing law requires common interest developments to be managed by an association. Existing law requires elections regarding specified matters concerning the governance of common interest developments to be held by secret ballot in accordance with certain procedures. Existing law requires an association to adopt certain operating rules that govern elections. Existing law requires an association to select an independent third party as the inspector or inspectors of elections. This bill would authorize an association to adopt an election operating rule that allows an association to utilize an inspector or inspectors of elections, as specified, to conduct an election by electronic secret ballot, as defined, except as specified, and notwithstanding the association's governing documents. The bill would require the rule to permit a member to change their preferred method of voting, as specified, no later than 90 days before an election, among other things. The bill would require the association to deliver individual notice to each member that includes certain information about voting by electronic secret ballot, as specified. The bill would specify that an electronic secret ballot is effective when transmitted, as specified, and irrevocable. This bill would require the inspector or inspectors of elections that conduct an election by electronic secret ballot to ensure, among other things, that the electronic secret ballots provide a method to authenticate the member's identity to the internet-based voting system and a method for the member to confirm that their electronic device can successfully communicate with the internet-based voting system at least 30 days before the voting deadline. The bill would require the internet-based voting system to have the ability to, among other things, authenticate the member's identity and the validity of each electronic secret ballot, and to transmit a receipt to a member that casts an electronic secret ballot. (2) Existing law, for elections of directors and for recall elections, requires an association to provide general notice of specified information at least 30 days before the ballots are distributed. Existing law requires the notice to include, among other things, the date and time by which ballots are to be returned by mail or handed to the inspector or inspectors of elections, the date, time, and location of the meeting at which a quorum will be determined, and a list of all candidates' names that will appear on the ballot. This bill, for an association that allows for voting in an election by electronic secret ballot, as described above, would require the notice to provide the date and time by which electronic secret ballots are to be transmitted to the internet-based voting system and preliminary instructions on how to vote by electronic secret ballot. (3) Existing law requires an association to mail ballots and 2 preaddressed envelopes with instructions on how to return ballots by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting. This bill, for an association that conducts an election by electronic secret ballot, as described above, would make this requirement to mail ballots and envelopes apply only to the members who will vote by written secret ballot, as specified. (4) Existing law authorizes an association to conduct an election entirely by mail, except for the meeting to count the votes or unless otherwise specified in the governing documents. This bill would, instead, authorize the association to conduct an election entirely by mail, electronic secret ballot, or a combination of mail and electronic secret ballot, pursuant to the above-described provisions, notwithstanding any contrary provision in the governing documents, except for the meeting to count the votes. (5) Existing law requires, in an election to approve an amendment to the governing documents, that an association deliver the text of the proposed amendment to the members with the ballot. This bill would, if an association conducts an election to approve an amendment of governing documents by electronic secret ballot, authorize the association to deliver by electronic means the text of the proposed amendment to those members who vote by electronic secret ballot, and would require the association to deliver a written copy of the text of the proposed amendment to those members upon request and without charge, as specified. (6) Existing law requires that an inspector or inspectors of elections, or the designee of an inspector or inspectors of elections, count and tabulate all votes at a properly noticed open meeting of the board or members. Existing law prohibits anyone from opening or otherwise reviewing any ballot before the time and place at which the ballots are counted and tabulated. This bill would additionally prohibit anyone from opening or otherwise reviewing any tally sheet of votes cast by electronic secret ballot before the time and place at which the ballots are counted and tabulated. (7) Existing law requires that the sealed ballots, among other things, remain in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors of elections until after the tabulation of the vote, and until the time allowed for challenging the election has expired, when custody is required to be transferred to the association. Existing law requires the inspector or inspectors of elections to make the ballots available for inspection and review by an association member or the member's authorized representative, upon written request, if there is a recount or other challenge to the election process. This bill would additionally require the tally sheet of votes cast by electronic secret ballot to remain in the custody of the inspector or inspectors of elections. This bill would additionally require the inspector or inspectors of elections to make the tally sheet of votes cast by electronic secret ballot available for inspection or review by an association member or the member's representative. (8) Existing law requires an association to make association records available to members for copying and inspection, as specified. Existing law defines "association records" to include association election materials and also defines "association election materials" to include, among other things, returned ballots. This bill would expand the definition of association election materials to include the tally sheet of votes cast by electronic secret ballot. (9) Existing law requires certain requests be delivered in writing to the association, as specified, to be effective. This bill would additionally require a request to opt out of or opt into electronically voting by electronic secret ballot to be delivered in writing to the association to be effective. (10) This bill would incorporate additional changes to Section 5115 of the Civil Code proposed by AB 2460 to be operative only if this bill and AB 2460 are enacted and this bill is enacted last.
Bill Text
- Chaptered 09/22/24 - Chaptered Current pdf September 22, 2024
- Enrolled 09/04/24 - Enrolled pdf September 04, 2024
- Amended 08/23/24 - Amended Senate pdf August 23, 2024
- Amended 08/05/24 - Amended Senate pdf August 05, 2024
- Amended 06/10/24 - Amended Senate pdf June 10, 2024
- Amended 05/02/24 - Amended Assembly pdf May 02, 2024
- Amended 04/15/24 - Amended Assembly pdf April 15, 2024
- Amended 04/01/24 - Amended Assembly pdf April 01, 2024
- Introduced 02/06/24 - Introduced pdf February 06, 2024
- AB2159 View text html
Action History
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Chaptered by Secretary of State - Chapter 383, Statutes of 2024.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.).
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In Assembly. Concurrence in Senate amendments pending.
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Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time and amended. Ordered to third reading.
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From committee: Amend, and do pass as amended. (Ayes 10. Noes 1.) (July 2).
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From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 1.) (June 18). Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.
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Referred to Coms. on HOUSING and JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5306.)
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Read second time. Ordered to third reading.
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Read second time and amended. Ordered returned to second reading.
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From committee: Amend, and do pass as amended. (Ayes 12. Noes 0.) (April 30).
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Re-referred to Com. on JUD.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (April 10).
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Re-referred to Com. on H. & C.D.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
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Referred to Coms. on H. & C.D. and JUD.
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From printer. May be heard in committee March 8.
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Read first time. To print.
Sponsors
- Maienschein · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No
Sponsors (1)
- Maienschein
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 45 | 0 | 0 | 2 |
| Republican | 13 | 0 | 0 | 1 |
| Unaffiliated | 18 | 0 | 0 | 0 |
| Total | 76 | 0 | 0 | 3 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (79)
| Member | Party | Vote |
|---|---|---|
| Holden | — | Yea |
| Mathis | — | Yea |
| Maienschein | — | Yea |
| Rodriguez | — | Yea |
| Villapudua | — | Yea |
| Ting | — | Yea |
| Jones-Sawyer | — | Yea |
| McCarty | — | Yea |
| Rendon | — | Yea |
| Friedman | — | Yea |
| Wood | — | Yea |
| Low | — | Yea |
| Waldron | — | Yea |
| Santiago | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Luz Rivas | — | Yea |
| Wendy Carrillo | — | Yea |
| Addis, Dawn | Democratic | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Alvarez, David | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bains, Jasmeet | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Not Voting |
| Connolly, Damon | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Hart, Gregg | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| McKinnor, Tina | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Ortega, Liz | Democratic | Not Voting |
| Pacheco, Blanca | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Schiavo, Pilar | Democratic | Yea |
| Soria, Esmeralda | Democratic | Yea |
| Valencia, Avelino | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Alanis, Juan | Republican | Yea |
| Chen, Phillip | Republican | Not Voting |
| Dahle, Megan | Republican | Yea |
| Davies, Laurie | Republican | Yea |
| Dixon, Diane | Republican | Yea |
| Essayli, Bill | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Hoover, Josh | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Sanchez, Kate | Republican | Yea |
| Ta, Tri | Republican | Yea |
| Wallis, Greg | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 0 |
| Democratic | 21 | 0 | 0 | 1 |
| Republican | 7 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Roth | — | Yea |
| Atkins | — | Yea |
| Portantino | — | Yea |
| Newman | — | Yea |
| Min | — | Yea |
| Wilk | — | Yea |
| Eggman | — | Yea |
| Glazer | — | Yea |
| Dodd | — | Yea |
| Bradford | — | Yea |
| Skinner | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Blakespear, Catherine S. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Gonzalez, Lena A. | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Menjivar, Caroline | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Rubio, Susan | Democratic | Yea |
| Smallwood-Cuevas, Lola | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Not Voting |
| Wiener, Scott D. | Democratic | Yea |
| Alvarado-Gil, Marie | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Ochoa Bogh, Rosilicie | Republican | Yea |
| Seyarto, Kelly | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 7 | 1 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 10 | 1 | 0 | 0 |
| % of votes cast | 91% | 9% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Wilk | — | Yea |
| Roth | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Ashby, Angelique V. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Nay |
| Niello, Roger W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 5 | 1 | 0 | 1 |
| Republican | 1 | 0 | 0 | 1 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 7 | 1 | 0 | 2 |
| % of votes cast | 70% | 10% | 0% | 20% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Skinner | — | Yea |
| Blakespear, Catherine S. | Democratic | Yea |
| Caballero, Anna M. | Democratic | Not Voting |
| Cortese, Dave | Democratic | Yea |
| Menjivar, Caroline | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wahab, Aisha | Democratic | Nay |
| Ochoa Bogh, Rosilicie | Republican | Not Voting |
| Seyarto, Kelly | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 43 | 0 | 0 | 4 |
| Republican | 13 | 0 | 0 | 1 |
| Unaffiliated | 17 | 0 | 0 | 2 |
| Total | 73 | 0 | 0 | 7 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Holden | — | Yea |
| Maienschein | — | Yea |
| Rodriguez | — | Yea |
| Villapudua | — | Yea |
| Ting | — | Yea |
| Jones-Sawyer | — | Yea |
| McCarty | — | Yea |
| Rendon | — | Yea |
| Friedman | — | Yea |
| Wood | — | Yea |
| Low | — | Yea |
| Waldron | — | Yea |
| Santiago | — | Yea |
| Mathis | — | Not Voting |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Yea |
| Luz Rivas | — | Not Voting |
| Vince Fong | — | Yea |
| Wendy Carrillo | — | Yea |
| Addis, Dawn | Democratic | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Alvarez, David | Democratic | Yea |
| Arambula, Joaquin | Democratic | Not Voting |
| Bains, Jasmeet | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Carrillo, Juan | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Not Voting |
| Connolly, Damon | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Not Voting |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Hart, Gregg | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| McKinnor, Tina | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Not Voting |
| Ortega, Liz | Democratic | Yea |
| Pacheco, Blanca | Democratic | Yea |
| Papan, Diane | Democratic | Yea |
| Pellerin, Gail | Democratic | Yea |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Schiavo, Pilar | Democratic | Yea |
| Soria, Esmeralda | Democratic | Yea |
| Valencia, Avelino | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Zbur, Rick Chavez | Democratic | Yea |
| Alanis, Juan | Republican | Yea |
| Chen, Phillip | Republican | Yea |
| Dahle, Megan | Republican | Not Voting |
| Davies, Laurie | Republican | Yea |
| Dixon, Diane | Republican | Yea |
| Essayli, Bill | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Hoover, Josh | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Sanchez, Kate | Republican | Yea |
| Ta, Tri | Republican | Yea |
| Wallis, Greg | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 8 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Maienschein | — | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Connolly, Damon | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| McKinnor, Tina | Democratic | Yea |
| Pacheco, Blanca | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Dixon, Diane | Republican | Yea |
| Essayli, Bill | Republican | Yea |
| Sanchez, Kate | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 6 | 0 | 0 | 1 |
| Republican | 2 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Grayson, Timothy S. | Democratic | Yea |
| Kalra, Ash | Democratic | Not Voting |
| Lee, Alex | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Patterson, Joe | Republican | Yea |
| Sanchez, Kate | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 2159 do?
- (1) Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments. Existing law requires common interest developments to be managed by an association. Existing law requires elections regarding specified matters concerning the governance of common interest developments to be held by secret ballot in accordance with certain procedures. Existing law requires an association to adopt certain operating rules that govern elections. Existing law requires an association to select an independent third party as the inspector or inspectors of elections. This bill would authorize an association to adopt an election operating rule that allows an association to utilize an inspector or inspectors of elections, as specified, to conduct an election by electronic secret ballot, as defined, except as specified, and notwithstanding the association's governing documents. The bill would require the rule to permit a member to change their preferred method of voting, as specified, no later than 90 days before an election, among other things. The bill would require the association to deliver individual notice to each member that includes certain information about voting by electronic secret ballot, as specified. The bill would specify that an electronic secret ballot is effective when transmitted, as specified, and irrevocable. This bill would require the inspector or inspectors of elections that conduct an election by electronic secret ballot to ensure, among other things, that the electronic secret ballots provide a method to authenticate the member's identity to the internet-based voting system and a method for the member to confirm that their electronic device can successfully communicate with the internet-based voting system at least 30 days before the voting deadline. The bill would require the internet-based voting system to have the ability to, among other things, authenticate the member's identity and the validity of each electronic secret ballot, and to transmit a receipt to a member that casts an electronic secret ballot. (2) Existing law, for elections of directors and for recall elections, requires an association to provide general notice of specified information at least 30 days before the ballots are distributed. Existing law requires the notice to include, among other things, the date and time by which ballots are to be returned by mail or handed to the inspector or inspectors of elections, the date, time, and location of the meeting at which a quorum will be determined, and a list of all candidates' names that will appear on the ballot. This bill, for an association that allows for voting in an election by electronic secret ballot, as described above, would require the notice to provide the date and time by which electronic secret ballots are to be transmitted to the internet-based voting system and preliminary instructions on how to vote by electronic secret ballot. (3) Existing law requires an association to mail ballots and 2 preaddressed envelopes with instructions on how to return ballots by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting. This bill, for an association that conducts an election by electronic secret ballot, as described above, would make this requirement to mail ballots and envelopes apply only to the members who will vote by written secret ballot, as specified. (4) Existing law authorizes an association to conduct an election entirely by mail, except for the meeting to count the votes or unless otherwise specified in the governing documents. This bill would, instead, authorize the association to conduct an election entirely by mail, electronic secret ballot, or a combination of mail and electronic secret ballot, pursuant to the above-described provisions, notwithstanding any contrary provision in the governing documents, except for the meeting to count the votes. (5) Existing law requires, in an election to approve an amendment to the governing documents, that an association deliver the text of the proposed amendment to the members with the ballot. This bill would, if an association conducts an election to approve an amendment of governing documents by electronic secret ballot, authorize the association to deliver by electronic means the text of the proposed amendment to those members who vote by electronic secret ballot, and would require the association to deliver a written copy of the text of the proposed amendment to those members upon request and without charge, as specified. (6) Existing law requires that an inspector or inspectors of elections, or the designee of an inspector or inspectors of elections, count and tabulate all votes at a properly noticed open meeting of the board or members. Existing law prohibits anyone from opening or otherwise reviewing any ballot before the time and place at which the ballots are counted and tabulated. This bill would additionally prohibit anyone from opening or otherwise reviewing any tally sheet of votes cast by electronic secret ballot before the time and place at which the ballots are counted and tabulated. (7) Existing law requires that the sealed ballots, among other things, remain in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors of elections until after the tabulation of the vote, and until the time allowed for challenging the election has expired, when custody is required to be transferred to the association. Existing law requires the inspector or inspectors of elections to make the ballots available for inspection and review by an association member or the member's authorized representative, upon written request, if there is a recount or other challenge to the election process. This bill would additionally require the tally sheet of votes cast by electronic secret ballot to remain in the custody of the inspector or inspectors of elections. This bill would additionally require the inspector or inspectors of elections to make the tally sheet of votes cast by electronic secret ballot available for inspection or review by an association member or the member's representative. (8) Existing law requires an association to make association records available to members for copying and inspection, as specified. Existing law defines "association records" to include association election materials and also defines "association election materials" to include, among other things, returned ballots. This bill would expand the definition of association election materials to include the tally sheet of votes cast by electronic secret ballot. (9) Existing law requires certain requests be delivered in writing to the association, as specified, to be effective. This bill would additionally require a request to opt out of or opt into electronically voting by electronic secret ballot to be delivered in writing to the association to be effective. (10) This bill would incorporate additional changes to Section 5115 of the Civil Code proposed by AB 2460 to be operative only if this bill and AB 2460 are enacted and this bill is enacted last.
- Who sponsors AB 2159?
- AB 2159 is sponsored by Maienschein.
- What is the current status of AB 2159?
- This bill has been enacted into law. Introduced February 06, 2024. Enacted.
- Where can I track AB 2159?
- Track AB 2159 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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