As with the pop-fly of list corrections, SB 323's changes in regards to ballot distribution create a real risk of error, if not dangerous blind collisions. On the one hand, Section 5115(c) mandates associations perform the distribution. On the other, Section 5105(g)(4) provides that inspector(s) must do so. One can imagine a situation in which both perform the act, causing confusion and conflict, or neither, and the same. One wonders why the drafters of SB 323 failed to reconcile these duties, but then again, one wonders many things about SB 323.
Section 5105(g)(4)'s use of “[n]otwithstanding any other law" suggests the safe interpretation going forward - at least until SB 323 is fixed - is for inspector(s) to perform the delivery. This interpretation comports with the apparent reality that SB 323 has upended certain aspects of the governing document hierarch provisions, as discussed in this blog post. Given the important of procedurally and substantively correct ballots and solicitation materials, however, boards should ensure that the association - ideally with the assistance of counsel - prepares such documents.