N.Y. RCO Law § 43 — New York Code / Act RCO / Article 3 / Section 43
Annual election and special meetings of incorporated Protestant Episcopal parishes
Status: in_force

§ 43. Annual election and special meetings of incorporated Protestant\nEpiscopal parishes. 1. The annual election of a Protestant Episcopal\nparish, hereafter incorporated, shall be held on the day, either a\nSunday or a secular day, designated in its certificate of incorporation.\n  2. The annual election of an incorporated Protestant Episcopal parish\nor church heretofore incorporated shall be held on the day fixed for\nsuch annual election, by or in pursuance of law, or if no such date be\nso fixed, then on such day, either a Sunday or a secular day, as may be\ndetermined by vote of the vestry.\n  3. Special meetings of any Protestant Episcopal parish or church\nheretofore or hereafter incorporated may be held on any Sunday or\nsecular day fixed by the vestry.\n  4. Notice of such annual election or special meeting shall be read by\nthe rector of the parish, or if there be none, or he be absent, by the\nofficiating minister or by a church warden thereof, on each of the two\nSundays next preceding such election or special meeting, in the time of\ndivine service, or if, for any reason, the usual place of worship of the\nparish be not open for divine service, the notice shall be posted\nconspicuously on the outer door of the place of worship for two weeks\nnext preceding the election or special meeting. Such notice shall\nspecify the place, day and hour of holding the election or special\nmeeting. The notice of the annual election shall also specify the number\nand terms of office of each church warden and the vestrymen whose terms\nof office shall then expire, or whose office shall then be vacant for\nany cause, and the office for which each such officer is to be then\nelected. The notice of a special meeting shall specify the matter or\nquestion to be brought before such meeting and no matter or question not\nspecified in such notice shall be acted on at such meeting.\n  5. The presiding officer of such annual or special meeting shall be\nthe rector of the parish, if there be one, or if there be none, or he be\nabsent, one of the church wardens elected for the purpose by a majority\nof the duly qualified voters present, or if no church warden be present,\na vestryman elected in like manner. Such presiding officer shall be the\njudge of the qualifications of the voters; shall receive the votes cast;\nand shall declare the result of the votes cast. The presiding officer of\nsuch annual or special meeting shall enter the proceedings of the\nmeeting in the book of the minutes of the vestry, sign his name thereto,\nand offer the same to as many qualified voters present as he shall think\nfit, to be also signed by them.\n  6. Persons of full age belonging to the parish, who have been baptized\nand are regular attendants at its worship and contributors to its\nsupport for at least twelve months prior to such election or special\nmeeting or since the establishment of such parish, shall be qualified\nvoters at any such election or special meeting.  Whenever so permitted\nby the canons of the diocese, persons of less than full age, but of the\nage of eighteen years or more, and having like qualifications except as\nto age, may vote at the annual elections and special meetings of any\nparish of such diocese, whenever such parish shall so determine in the\nmanner provided in said section forty-six.\n  7. The action of an annual or special meeting upon any matter or\nquestion shall be decided by a majority of the qualified voters voting\nthereon. The polls of an election shall continue open for one hour and\nlonger, in the discretion of the presiding officer, or if required by a\nvote of a majority of the qualified voters present and voting. The\nchurch wardens and vestrymen shall be elected by ballot from persons\nqualified to vote at such election, and no person shall be eligible for\nelection as church-warden, unless that person be also a confirmed\ncommunicant in the Protestant Episcopal church, nor be eligible for\nelection as vestryman, unless that person shall have been baptized.\nWhenever so permitted by the canons of the diocese persons of less than\nfull age but of the age of eighteen years or more and having like\nqualifications except as to age, shall be eligible for election as\nchurch warden or vestryman in any parish, whenever such parish shall so\ndetermine in the manner provided in said section forty-six.\n  8. At each annual election of an incorporated Protestant Episcopal\nparish hereafter incorporated, one church warden shall be elected to\nhold office for two years; and one-third of the total number of\nvestrymen of the parish shall be elected to hold office for three years.\n  9. At each annual election of an incorporated Protestant Episcopal\nparish or church heretofore incorporated, two church wardens and the\ntotal number of its vestrymen shall be elected to hold office for one\nyear thereafter, unless the term of office of but one church warden or\nof but one-third of its vestrymen shall then expire, in which case one\nchurch warden shall be elected to hold office for two years, and\none-third of the total number of its vestrymen shall be elected to hold\noffice for three years.\n  10. Each church warden and vestryman shall hold office after the\nexpiration of his term until his successor shall be chosen.\n