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720.317 Electronic voting.—
The association may conduct elections and other membership votes through an
internet-based online voting system if a member consents, in writing, to
online voting and if the following requirements are met:
(1) The association provides each member with:
(a) A method to authenticate the member's identity to the online voting
system.
(b) A method to confirm, at least 14 days before the voting deadline, that
the member's electronic device can successfully communicate with the online
voting system.
(c) A method that is consistent with the election and voting procedures in
the association's bylaws.
(2) The association uses an online voting system
that is:
(a) Able to authenticate the member's identity.
(b) Able to authenticate the validity of each electronic vote to ensure that
the vote is not altered in transit.
(c) Able to transmit a receipt from the online voting system to each member
who casts an electronic vote.
(d) Able to permanently separate any authentication or identifying
information from the electronic election ballot, rendering it impossible to
tie an election ballot to a specific member. This paragraph only applies if
the association's bylaws provide for secret ballots for the election of
directors.
(e) Able to store and keep electronic ballots accessible to election
officials for recount, inspection, and review purposes.
(3) A member voting electronically pursuant to this section shall be
counted as being in attendance at the meeting for purposes of determining a
quorum.
(4) This section applies to an association that provides for and
authorizes an online voting system pursuant to this section by a board
resolution. The board resolution must provide that members receive notice of
the opportunity to vote through an online voting system, must establish
reasonable procedures and deadlines for members to consent, in writing, to
online voting, and must establish reasonable procedures and deadlines for
members to opt out of online voting after giving consent. Written notice of
a meeting at which the board resolution regarding online voting will be
considered must be mailed, delivered, or electronically transmitted to the
unit owners and posted conspicuously on the condominium property or
association property at least 14 days before the meeting. Evidence of
compliance with the 14-day notice requirement must be made by an affidavit
executed by the person providing the notice and filed with the official
records of the association.
(5) A member's consent to online voting is valid until the member
opts out of online voting pursuant to the procedures established by the
board of administration pursuant to subsection (4).
(6) This section may apply to any matter that requires a vote of the
members.
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