N.Y. Religious Corporations Law § 43: 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.