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Committee advances bills to clarify condo elections, proxies and electronic voting
Summary
The committee passed HB16-78 (cumulative voting clarifications) and HB16-79 (electronic meetings/voting) with amendments after testimony about proxy abuse, privacy and technical safeguards; concerns about stacking votes and online verification prompted clarifying language and a commitment to further drafting.
The House Committee on Consumer Protection and Commerce on Feb. 24 passed two measures aimed at clarifying condominium election procedures and electronic voting.
HB16-78, which clarifies cumulative voting and candidate eligibility in planned community and condominium elections, was advanced with amendments after testimony from the Hawaii State Association of Parliamentarians and several individual condo directors and owners. Supporters said the bill clarifies that write-in candidates and nominees are included among candidates and helps standardize ballot-counting procedures. Some members voiced concern about proxy voting and the potential to "stack" votes; one testifier asked whether proxies and cumulative voting could be used to unfairly entrench a board.
On HB16-79, which clarifies boards’ authority to call electronic meetings and to permit electronic or mail voting without a meeting, parliamentarians and realtors urged adoption to fix statutory timing problems created by a 2024 change. Anne Anderson said the bill would correct a statutory gap that has made written-consent actions difficult, and the bill clarifies that proxies are valid only "at a meeting" and not for mail or electronic voting without a meeting. The committee accepted language clarifying proxies for electronic meetings and signaled willingness to tweak wording to avoid unintended consequences.
Opponents and commenters urged safeguards: defining what qualifies as "electronic voting," ensuring voter verification or access keys, preserving owner privacy, and setting deadlines for proxy submission so that proxies cannot be used to manipulate outcomes. The committee adopted amendments reflecting clarifications recommended during testimony and passed both bills out of committee.
Next steps: Both measures passed with amendments and will proceed to the next legislative stage; members signaled they will continue refining proxy and electronic voting language to protect owner privacy and ballot integrity.
