AB 392

This bill allows members of a cooperative to vote electronically on the election

or removal of directors.

Current law specifies the means for governance of a cooperative organized in

this state, including the adoption by members of bylaws for the cooperative and the

holding of member meetings. Under current law, a member of a cooperative who is

entitled to vote on a motion but is absent from the meeting at which the vote is taken

may vote by signed ballot or electronic means if specified conditions are met. A

cooperative, in its bylaws, may provide for methods and procedures for voting that

are not inconsistent with the statutes.

Current law allows a cooperative, in its bylaws, to provide for voting on the

election or removal of directors by signed ballots. Signed ballots may not be used for

this purpose unless the bylaws authorize and prescribe the procedure for their use.

This bill allows a cooperative to provide for voting by electronic means on the

election or removal of directors if 1) the bylaws provide for electronic voting on the

election or removal of directors; 2) the cooperative can authenticate that it is a

member who is casting a vote; and 3) the cooperative gives an electronic vote the

same effect as a vote cast by signed ballot or in person at a meeting.