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Maine Alliance for Road Associations

Written Proxy and Absentee Ballots

  • 08 Mar 2014 10:32 AM
    Message # 1513364
    With the 2013 changes in the Private Ways Law, it appears that statutory associations are required to allow voting by written proxy or absentee ballot.  I would like confirmation from someone that this is, in fact, the case.

    Also, are statutory associations required to send written proxy or absentee ballots to every owner, or can they be made available upon request? 

    Lastly, does anyone have sample proxy or absentee ballot forms that an association could use to develop their own forms?
  • 12 Mar 2014 3:26 PM
    Reply # 1516323 on 1513364
    Hello, I do not have an answer. But do hope someone has it.  Our annual meeting is in May so this important to find out. Thank you for raising the issue.

  • 13 Mar 2014 3:26 AM
    Reply # 1516682 on 1513364
    Deleted user
    It is my impression that everyone must have the opportunity to vote.  That could be in person, at the meeting, by proxy, or by absentee ballot.  The communication to your members about the meeting occurrence should include items which will be voted upon.  That communication should include the questions, and an absentee ballot (with a return-by date before the meeting) and proxy instructions.  
    This way everyone has the opportunity to vote, should they choose not to attend the meeting, assign a proxy, or return the ballot, they have essentially abstained and cannot allege they were not offered the information or opportunity to voice their opinion.   That is what we do anyway.   
  • 13 Mar 2014 1:56 PM
    Reply # 1517102 on 1513364
    Thank you, Does anyone have sample proxy or absentee ballot forms that an association could use to develop their own forms?
  • 18 Mar 2014 6:07 PM
    Reply # 1520420 on 1513364
    The is a sample Proxy and a sample Absentee Ballot on the "Resources" page. 

    They do not have to be sent out with the notice of the meeting. It is important that the membership know they are available, but they can be as simple as a written statement by a member that another is authorized to vote in his stead. Or sometimes the call to meeting will have a place to say "yes" or "no" to the budget items and they can be returned as absentee ballots. Otherwise, forms can be used.

    Chapter Four of the Leadership Manual, Planning for the First Meeting, has been revised (March 2014) to be more clear about this. 

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