2006 New York Code - Annual Election And Special Meetings Of Incorporated Protestant Episcopal Parishes.



 
    §  43. Annual election and special meetings of incorporated Protestant
  Episcopal parishes. 1. The annual election  of  a  Protestant  Episcopal
  parish,  hereafter  incorporated,  shall  be  held  on the day, either a
  Sunday or a secular day, designated in its certificate of incorporation.
    2. The annual election of an incorporated Protestant Episcopal  parish
  or  church  heretofore  incorporated  shall be held on the day fixed for
  such annual election, by or in pursuance of law, or if no such  date  be
  so  fixed, then on such day, either a Sunday or a secular day, as may be
  determined by vote of the vestry.
    3. Special meetings of  any  Protestant  Episcopal  parish  or  church
  heretofore  or  hereafter  incorporated  may  be  held  on any Sunday or
  secular day fixed by the vestry.
    4. Notice of such annual election or special meeting shall be read  by
  the  rector  of the parish, or if there be none, or he be absent, by the
  officiating minister or by a church warden thereof, on each of  the  two
  Sundays  next preceding such election or special meeting, in the time of
  divine service, or if, for any reason, the usual place of worship of the
  parish be not open for  divine  service,  the  notice  shall  be  posted
  conspicuously  on  the  outer door of the place of worship for two weeks
  next preceding the  election  or  special  meeting.  Such  notice  shall
  specify  the  place,  day  and  hour  of holding the election or special
  meeting. The notice of the annual election shall also specify the number
  and terms of office of each church warden and the vestrymen whose  terms
  of  office  shall  then expire, or whose office shall then be vacant for
  any cause, and the office for which each such  officer  is  to  be  then
  elected.  The  notice  of  a special meeting shall specify the matter or
  question to be brought before such meeting and no matter or question not
  specified in such notice shall be acted on at such meeting.
    5. The presiding officer of such annual or special  meeting  shall  be
  the rector of the parish, if there be one, or if there be none, or he be
  absent,  one of the church wardens elected for the purpose by a majority
  of the duly qualified voters present, or if no church warden be present,
  a vestryman elected in like manner. Such presiding officer shall be  the
  judge of the qualifications of the voters; shall receive the votes cast;
  and shall declare the result of the votes cast. The presiding officer of
  such  annual  or  special  meeting  shall  enter  the proceedings of the
  meeting in the book of the minutes of the vestry, sign his name thereto,
  and offer the same to as many qualified voters present as he shall think
  fit, to be also signed by them.
    6. Persons of full age belonging to the parish, who have been baptized
  and are regular attendants  at  its  worship  and  contributors  to  its
  support  for  at  least  twelve months prior to such election or special
  meeting or since the establishment of such parish,  shall  be  qualified
  voters  at  any such election or special meeting.  Whenever so permitted
  by the canons of the diocese, persons of less than full age, but of  the
  age  of eighteen years or more, and having like qualifications except as
  to age, may vote at the annual elections and  special  meetings  of  any
  parish  of  such diocese, whenever such parish shall so determine in the
  manner provided in said section forty-six.
    7. The action of an annual or  special  meeting  upon  any  matter  or
  question  shall  be decided by a majority of the qualified voters voting
  thereon. The polls of an election shall continue open for one  hour  and
  longer,  in the discretion of the presiding officer, or if required by a
  vote of a majority of the  qualified  voters  present  and  voting.  The
  church  wardens  and  vestrymen  shall be elected by ballot from persons
  qualified to vote at such election, and no person shall be eligible  for
  election  as  church-warden,  unless  that  person  be  also a confirmed
  communicant in the Protestant Episcopal  church,  nor  be  eligible  for
  election  as  vestryman,  unless  that  person shall have been baptized.
  Whenever so permitted by the canons of the diocese persons of less  than
  full  age  but  of  the  age  of  eighteen years or more and having like
  qualifications  except  as  to  age,  shall  be eligible for election as
  church warden or vestryman in any parish, whenever such parish shall  so
  determine in the manner provided in said section forty-six.
    8.  At  each  annual  election of an incorporated Protestant Episcopal
  parish hereafter incorporated, one church warden  shall  be  elected  to
  hold  office  for  two  years;  and  one-third  of  the  total number of
  vestrymen of the parish shall be elected to hold office for three years.
    9. At each annual election of  an  incorporated  Protestant  Episcopal
  parish  or  church  heretofore  incorporated, two church wardens and the
  total number of its vestrymen shall be elected to hold  office  for  one
  year  thereafter,  unless the term of office of but one church warden or
  of but one-third of its vestrymen shall then expire, in which  case  one
  church  warden  shall  be  elected  to  hold  office  for two years, and
  one-third of the total number of its vestrymen shall be elected to  hold
  office for three years.
    10.  Each  church  warden  and  vestryman  shall hold office after the
  expiration of his term until his successor shall be chosen.

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