At all meetings of members, each member may vote in person or by proxy. (By-Laws 3.5). The Covenant Committee holds that this section limits the voting options for members.
In view of this point of view, the Covenant Committee had initial reluctance to the use of electronic voting. For this reason, Will Potter was instructed to consult with Ranch Lawyer, John Mitchell, on this issue. During their conference the morning of 2/14, Mr. Mitchell indicated that electronic transmission like the U.S. Mail, Federal Express, etc. was an acceptable means of delivering a proxy vote. Therefore, since electronic transfer of proxies was successfully used in the 2001 elections, it can continue as an option for this year's election. Hopefully this additional option will allow more property owners to participate and facilitate the voting process for all members.
The Covenant Committee was also concerned about the security of electronic voting. The security of the electronic option is a valid concern. Nevertheless, the POA has never used anonymous ballots, and voting on the web site does not change this precedent. Each member has an individual password to prevent multiple voting. Furthermore, A record of all voting/changes is kept electronically. Since each vote is registered to a property owner, voting histories can be produced for accounting. Anonymity can still be preserved somewhat by having the votes submitted to an impartial third party instead of the secretary.
The Covenant Committee, however, was not concerned about the Secretary receiving the voting, but insisted vote totals be maintained absolutely confidential, so as to prevent information leaks from influencing a particular vote. They also suggested it might be prudent to make sure a back-up system is in place to prevent loss of votes.
1) Voting Options for Members who Plan to Attend the Annual Meeting
Members who plan to attend the annual meeting may exercise their right to vote in the traditional way:
Option A: Select candidates and vote on issues by identifying themselves and submitting a paper ballot at the meeting in the traditional way.
2) Voting Options for Members who will be absent at the Annual Meeting
Members who will be absent at the annual meeting may exercise their right to vote by proxy in one of the following two ways.
Option A: A member may vote by paper proxy by allowing another member to vote on candidates and issues for them. All proxies are required by the POA By-Laws to ˛ ... be in writing and filed with the secretary of the Board of Directors˛ (III. 3.5) prior to the annual meeting. Members should use the proxy form contained in the annual meeting packet and return it by mail. The proxy must be received by 12:00 P.M. the Thursday before the annual meeting at the Century Solutions Office to be counted.
OR
Option B: Allow another member to vote on candidates and issues for them by proxy. All proxies are required by the POA By-Laws to ...be in writing and filed with the secretary of the Board of Directors (III. 3.5) prior to the annual meeting. A member may file by completing a proxy form electronically on the web site prior to 12:00 P.M. the Thursday before the annual meeting.
NOTES:
Submitted by Ed Hockett, 2/25/02