Proposals for an election by-law package

A progressive board of directors should write a new set of election by-laws and have them passed by the owners at an AGM. That is the only way that a future board will not be able to rig the election to give the incumbents an unfair advantage.

I suggest that the election procedures should be in the by-laws rather than in the rules so that once adopted, it would be more difficult for the board to make changes without authorization from a majority of the owners.

The new by-laws should include the following language, some of which is borrowed from California's Davis Stirling Act.

Prior to the election
Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election.

The corporation shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the corporation, is responsible for that content.

(The candidates may need to be cautioned not to write defamatory statements.)
Ensure access to the common area meeting space, such as the Party or Meeting Room, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.
All candidates will be given a copy of the owner's register for the purpose of allowing them to contact all the owners that are eligible to vote.
No corporation employees or contractors are permitted to canvas, support or show any preference towards any candidates for election that would sway any owners vote. Violating this by-law may result in the employee being disciplined and/or the contractor losing the contract.

The amended Condo Act states that there will be a standard proxy form that condo corporations need to use. However, the by-laws should state that the candidates will be listed in alphabetical order of the last names. (This is to stop
prime ballot positioning on the proxy form.)

The voting instructions included with the AGM package will state that if the proxy is to be used for quorum purposes, the owner needs to write this on the proxy form.

The voting instructions will also state that the owner must print their name and write in the date and time when they sign the proxy.

Specify a method of selecting one or three independent third parties as inspector or inspectors (scrutineers) of elections. Each candidate should be able to appoint a scrutineer to observe the Registration Desk and the counting of the voting instruments (proxies & ballots).

If names have been pre-printed on ballots, then they should be listed in alphabetical order. Incumbents should not be given any preferential treatment such has having their office printed on the ballot.

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