Report Title:

Nonprofit Corporations; Election of Directors; Mail Ballots Allowed

Description:

Authorizes a board of directors of a nonprofit corporation that is a planned community with no less than 2,500 members, to determine whether mail ballots will be used in the election of directors or officers. (SB1630 HD1)

THE SENATE

S.B. NO.

1630

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to nonprofit corporations.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 414D-115, Hawaii Revised Statutes, is amended to read as follows:

"§414D-115 Other methods of electing directors. (a) A corporation may provide in its articles or bylaws for the election of directors by members or delegates:

(1) On the basis of chapter or other organizational unit;

(2) By region or other geographic unit;

(3) By preferential voting; or

(4) By any other reasonable method[; or

(5) By mail].

(b) Where directors or officers are to be elected by members, the bylaws or board of directors may allow the election to be conducted by mail if no less than two thousand five hundred members are eligible to vote on the record date determined pursuant to section 414D-107, and the primary purpose of the corporation is the management of a planned community as defined in section 421J-2. For all other corporations, voting may be conducted by mail only if the articles or bylaws of the corporation so provide."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.