The Growing List of Unanswered Questions in Our HOA Election
In the latest installation of our ongoing investigation into the recent HOA board election at 175 East Delaware Place, we delve into new reporting errors regarding the vote totals for write-in candidates and the ongoing silence from those responsible.
Brought to you by Drew McManus, your neighbor in 7908.
Another Careless Recording Error
There were two write-in candidates in this election: Sue Kadin and John Wilhelm. Both received one vote from a single unit and while the tabulation spreadsheet from Picker & Associates LLC listed both candidates as receiving 0.1878% support, the certified results document prepared by Picker & Associates lists Wilhelm as receiving 0.1878% but Kadin as 0.0000%.
According to a message from the Community Association Manager, Picker & Associates “counted and re-counted” and “the final certified election results have been confirmed.” (details)
Given that the second write-in candidate’s vote total was accurately reported, it begs the question: how could one candidate’s results be completely misreported while another’s remained intact while also asserting that the “only results that count” contain an obvious error?
Picker & Associates’ Disappearing Act in Election Accountability
Despite multiple inquiries and a detailed list of questions from multiple owners sent to Picker & Associates, the firm has failed to respond or acknowledge the discrepancies in their tabulation spreadsheet and reported results.
As Election Judges, their role included overseeing the ballot processing and tabulation, yet they remain silent as concerns mount over the inaccuracies embedded in their work.
Residents deserve clarity and transparency about how these results were calculated and why such glaring errors exist. Yet, the lack of communication from Picker & Associates only compounds the risk our Association absorbs.
10/16/2024
Dear Mr. Picker,
I am writing to you as an owner and candidate in the recent 175 East Delaware Homeowners Association board election where your firm served as Election Judge. As you are aware, the process surrounding the election has raised significant questions about its fairness and transparency. Based on the events that have unfolded, it’s clear that the process was flawed, and I believe it is critical that those shortcomings be addressed immediately.
I have received communications from the Property Manager and Assistant Property Manager with what they describe as your direct explanation of why the preliminary and unofficial election results. They also wrote “As the vote tabulation process is handled exclusively by Picker & Associates without any involvement by the Association or management office personnel, we have no information beyond what Mr. Picker has provided. ” As such, I am sending you these questions in order to obtain answers that the management company says they either do not have or is the responsibility of your company to provide.
- Flawed Process:
- Could you provide a clear explanation of the sorting error that resulted in an initial declaration of a winner, only to have that result reversed? How was this error identified, and by whom? The spreadsheet has been provided but it does not include any of the formulas or source data.
- There has been a discrepancy in the total number of votes before and after the error was discovered. A sorting error does not account for this failure. Can you explain why this difference exists and how it was rectified?
- What device was used for timestamping each ballot during the tabulation process?
- Could you provide a list of all software used for sorting and counting votes, including software versions and any third party templates?
- Could you provide a detailed breakdown of vote tallies before and after the sorting error, including a copy of the spreadsheet that shows a history of all edits and which user was responsible for each edit?
- Responsibility and Accountability:
- Please confirm the names, titles, and roles of each Election Judge.
- Who specifically was responsible for overseeing and verifying the election results among the Election Judges?
- Were there any manual interventions in the counting process? If so, can you provide documentation of those interventions?
- Were ballots left unattended at any stage of the process, or were any single members of the Election Judges or the Association’s legal counsel involved in the oversight?
- Did the Election Committee communicate any concerns to any Election Judge about the process used or the errors encountered? If so, what were those concerns and how were they addressed?
- In a communication to Salvi Gupta on 10/11/2024, Jennie mentions a “recount.” Could you provide all information related to this recount along with a detailed accounting of the process used and which parties were involved?
- Transparency Failure:
- Can you provide a detailed timeline, annotated as needed, of the events from the close of voting to the release of the initial (incorrect) results and the discovery of the error?
- Why has your firm failed to produce information about the voting percentage discrepancies?
- Integrity Breach and Dangerous Precedent:
- As your firm is contracted to implement the 2025 election, what safeguards are in place to prevent errors of this nature from recurring?
- Urgent Corrective Action:
- It is crucial that we conduct an independent audit of the election process, including the software or tools used to tally and sort votes. The audit should be conducted by a reputable firm specializing in forensic auditing procedures with no business or personal relationships with any of the Association’s current service providers. The audit should also review current processes and platforms and include recommendations for a replacement process that relies on digital voting methods. Can you confirm if the Association or its management company have notified you of their intent to pursue such an audit
- What immediate corrective actions do you plan to implement to ensure future elections are conducted with complete transparency and accuracy?
Thank you for your attention to this matter.
Blue skies,
Drew McManus
Unit 7908
Board President Scott Timmerman’s Stance
In the face of these inconsistencies, I’ve reached out to Board President Scott Timmerman on multiple occasions but as of now, he has chosen not to act.
His response to inquiries regarding the election’s integrity has been dismissive at best.
In the only email he has written in response to these failures and inaccuracies, he stated, “Management has responded to your emails…I will note that I was a candidate in the last election, so I also had no involvement in the vote tabulation process.”
This response, while asserting some sort of disassociation, sidesteps the core issues raised by the documented errors. Instead of seeking accountability or even acknowledging the glaring errors documented to-date, Timmerman’s communication effectively dismisses the concerns of homeowners, implying that the situation is settled.
In what might be best described as irony, the Association claims transparency by allowing owners to review Picker & Associates tabulation spreadsheet but apparently has no interest in acknowledging or investigating glaring errors. Following is a copy of my communication with Timmerman:
Drew, 10/26/2024
Dear Scott,
It’s now been two weeks since I initially reached out on October 11 regarding the troubling irregularities surrounding our recent HOA election. Despite repeated requests, there has been no substantive response from either yourself or management addressing the specific questions I outlined.
To reiterate, these questions focus on critical issues of transparency, accountability, and process flaws, none of which were adequately addressed in management’s reply on October 15. Simply pointing to the audit firm and declaring the results “confirmed” is not a suitable answer for owners who need to understand how and why these significant errors occurred and what will be done to prevent them in the future. I emphasized that the HOA board, especially its president, shares responsibility for ensuring the integrity of the election, a responsibility that cannot be outsourced.
At this stage, the lack of response suggests an unwillingness to provide accountability, and each day without a proper reply only heightens homeowners’ doubts about the process. I urge you to provide a comprehensive answer to my original questions before the end of the month so that owners can have confidence in both the results of this election and future electoral integrity.
Thank you for your immediate attention to this matter.
Scott Timmerman, 10/28/2024
Management has responded to your emails. Below is the latest response from them. I will note that I was a candidate in the last election, so I also had no involvement in the vote tabulation process.
———————-
The votes have been counted and re-counted, and the official results have been confirmed and certified. Any candidate is welcome to see all the ballots and conduct their own re-count, but the results of the election are clear.
We have provided you and the other candidates with Ralph Picker’s explanation of why the preliminary and unofficial election results reported by him immediately after the annual meeting were incorrect. As the vote tabulation process is handled exclusively by Picker & Associates without any involvement by the Association or management office personnel, we have no information beyond what Mr. Picker has provided.
The final certified election results have been confirmed, and those are the only results that count. Preliminary and unofficial results are just that, and no one should rely on preliminary and unofficial results that are expressly subject to review and confirmation to address any data entry, tabulation or other errors made in the heat of tabulating many, many thousands of votes.
We sincerely regret the confusion created by the auditor’s erroneous preliminary and unofficial election results report made immediately after the annual meeting.
————————
Drew, 10/28/2024
Dear Scott,
Thank you for your response, but it does not address the gravity of my concerns. As board president, you hold ultimate responsibility for the transparency and integrity of our HOA’s processes, including elections. Dismissing these documented irregularities under the pretext of being a candidate or that the issues are somehow already addressed is neither adequate nor acceptable. Owners have a right to expect the board, led by its president, to act with accountability when faced with significant procedural failures.
In your role, you cannot hide behind management’s cursory response as an excuse to sidestep the critical issues I outlined. Management’s reply fails to address the core discrepancies and provides no assurance that these errors will not recur.
I expect you to take your responsibilities seriously by initiating an independent investigation into the election process failures and providing a thorough response that directly addresses each question I previously outlined. Owners deserve assurance that the board is committed to upholding the integrity of our elections and that meaningful steps will be taken to correct these lapses.
The Broader Implications
These discrepancies are not merely numbers on a spreadsheet; they represent a significant breach of trust between the board and homeowners.
As residents, we rely on accurate vote counts to ensure fair representation and governance. The incorrect reporting of one candidate’s votes while another’s were accurately accounted for is not just another error; it raises serious concerns about the integrity of the election process and its oversight.
More to the point, these inconsistencies put the Association at risk of potential litigation, as homeowners may feel compelled to pursue legal action to protect their rights and interests in the electoral process.
The lack of acknowledgement from Board President Timmerman, coupled with a failure to ensure transparency and accountability in how votes are counted and reported, undermines the community’s trust and increases the risk of significant legal and financial consequences for the Association.
This situation is particularly concerning given that it’s entirely avoidable if the board initiates a genuine independent review and investigation into the election process.
Take Action Now
These irregularities demand immediate attention and corrective action. Below is a template letter you can customize and send to Board President Timmerman. Copy and paste this template, add your personal details, and modify it to reflect your specific concerns.
Be respectful, concise, and clear in articulating the negative impact it has had on you and your fellow homeowners. You are welcome to use the example language as-is, but feel free to personalize the example message before you send.
Future Articles
This article is the first in a series that will examine these and other discovered irregularities in detail. Future articles will:
- Propose solutions to prevent future voting problems.
- Analyze the impact of these irregularities on the election outcome.
- Review additional findings from our ongoing investigation.
- Examine the role of the election committee and election judges.
Curious to learn more about some of these issues? Feel free to get in touch, I’m happy to chat.