*143.* _Time, Place, Void._—Where a religious society that is incorporated
holds an election for trustees, which is held at the wrong time or place,
the election is void.(255)
*144.* _Voting, Communicants, Attendance._—A by-law of a church that
prohibited any person whose pew rent was in arrears more than two years
from voting at a church meeting, is valid and reasonable.(256) Where a
charter of a religious society allowed only members being communicants to
vote after they had attained the age of eighteen years, to entitle a
member of the congregation to vote it was necessary that he should have
taken the sacraments after the age of eighteen years.(257) Where the right
to vote was limited to members who contributed not less than ten shillings
annually toward the support of the church, those who were challenged for
want of complying with the rule can not do so after being challenged and
then vote.(258) Stated attendance at divine worship in the church,
congregation, or society, and contribution to the support of such church,
may be made the tests of the right of a person to be a voter at an
election. The attendance of a wife or children of the family is not
sufficient to confer the right to vote on the husband or father.(259)
*145.* _Voters, Poll List._—Parol evidence is admissible to prove the
number of persons entitled to vote in a church society, notwithstanding
that there is a register of names of the stated hearers in such church
kept by the clerk of the trustees.
*146.* _Notice, Quorum, Majority, Strangers._—It is not necessary that a
majority of the members of a religious society be present to constitute a
corporate meeting. Those present at a regularly called meeting of which
due notice has been given to all the members, constitute a quorum; and, in
the absence of a rule to the contrary, a majority of the votes cast
carries any question.(260) The presence of strangers, unless they vote,
will not vitiate the proceedings. If they should vote, unless their votes
determine the election, it will not be void.(261) The casting of a few
illegal votes that would not change the result of the election does not
make it void.(262)
*147.* _Challenge, Ground._—The right of a person to vote at any meeting
may be challenged. The proper time to challenge a voter is when he offers
his vote. After his vote has been received it can not be thrown out on the
ground that he was disqualified.(263) A church election for which due
notice has been given, that has been fairly conducted, and all the
requirements of the statute or rules of the church complied with, is
conclusive.(264) Without due notice, all proceedings are void.(265)
*148.* _By-Laws, Usage._—If there is no law of a religious society
determining the mode of conducting an election, the corporation may
provide by-laws therefor; and if the corporation should fail to make such
by-laws, a long established usage will govern.(266) Also, if the time an
election is to be held is provided for, but the manner of conducting it is
not, the meeting may be conducted according to established usage.(267)
*149.* _Ballot, Hand Vote._—The vote of a religious society at an annual
meeting for the election of officers that the officers shall always be
chosen by ballot, does not vitiate an election of officers by hand vote at
a subsequent annual meeting. But a provision in the constitution or
by-laws requiring a ballot must be complied with.(268)
*150.* _Hold Over, Successors._—When the election of the new trustees is
invalid, the old trustees hold over until there will have been a valid
election of their successors.(269) But where a board that was illegally
elected employed a minister who had no notice of such illegality, he was
entitled to his compensation according to the contract.(270)
*151.* _Majority, Votes Cast._—Where the majority of a congregation
protested against the proposed candidate, but failed to vote for any one,
such candidate who received the greatest number of votes cast, was
lawfully elected.(271)
*152.* _By-Law, Tickets._—When a by-law provides that “if besides the
names there are other things upon the tickets, such tickets are not to be
counted,” a ballot having an engraved eagle on it should be rejected.(272)
However, in a very recent case under a statute that specifically provided
what should be printed on the general election ballot, and in addition
thereto the Union Labor label was printed thereon, the court held that the
statute should be strictly construed in favor of the voter and that the
ticket should be counted.(273)