Cal. Civ. Code §5125
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Custody of ballots after tabulation
Specifies who holds the sealed ballots, voter envelopes, voter list, proxies, and tally sheets after the inspector of elections completes the count. The inspector retains custody through the challenge window under §5145, then transfers materials to the association. Members may inspect ballots upon written request if a recount or challenge proceeds; confidentiality of individual votes must be preserved.
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Governance
| Ref | Requirement |
|---|---|
| (a) | Right after the count, the inspector of elections keeps physical custody of every ballot, envelope, voter list, proxy, and tally sheet. The HOA does not get them yet — they stay with the independent inspector until the time to challenge the election expires. |
| (a) | Once the one-year window to bring an election challenge has passed, the inspector turns over all the materials to the HOA, which must then retain them under the standard records retention schedule. |
| (b) | If a member files a written request and a recount or challenge is underway, the inspector must provide access to the ballots and tally sheets. Inspection cannot be refused while a challenge is pending. |
| (b) | Even during a recount, the inspector must protect ballot secrecy. The double-envelope procedure (§5115) means voter identity is separated from the ballot itself before counting; that separation must be maintained throughout any recount. |
Legal references last verified May 24, 2026.
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