SB 323 adds new Civil Code section 5105(a)(7), which provides that “association[s] shall permit members to verify the accuracy of their individual information” on the now-mandatory candidate registration and voter lists, and that the “association or member shall report any errors or omissions” on either list to the inspectors of election.
This provision is problematic for several reasons. First, it imposes a legal duty to report without specifying which party is responsible for performance. Think infield dropping a pop fly, except with lawsuits.
Second, while it provides that members are responsible for verifying their “individual information,” it also provides that the association or member are obligated to report “any” errors or omissions to the lists to the inspectors. While the text suggests the member’s reporting duty is limited to their individual information, this is not expressly stated.
Does this mean that members may - or are legally obligated to - report errors or omissions in other member’s individual information? If so, the law provides no protections against mistaken or nefarious “corrections," a serious oversight given SB 323’s Draconian penalties for non-compliant associations.
Second, while it provides that members are responsible for verifying their “individual information,” it also provides that the association or member are obligated to report “any” errors or omissions to the lists to the inspectors. While the text suggests the member’s reporting duty is limited to their individual information, this is not expressly stated.
Does this mean that members may - or are legally obligated to - report errors or omissions in other member’s individual information? If so, the law provides no protections against mistaken or nefarious “corrections," a serious oversight given SB 323’s Draconian penalties for non-compliant associations.
