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]
Chapter XIII. Officers
153. Charter, By-Laws.—The articles of organization or the charter which is the constitution of the corporation may provide who may be officers of a religious society and limit their authority. The constitution usually gives further authority to make by-laws which are binding on the officers as well as on the members.[274]
154. Unincorporated Church, Incorporated.—The officers of an unincorporated church can only be elected by the members of the church, unless there is some law of the State or rule of the church that provides for appointing them. In an incorporated congregation, the charter and by-laws of the corporation determine whether the officers shall be elected or appointed.[275]
155. Trustees, Control.—A statute passed in 1813 providing that a certificate of incorporation by the bishop, vicar-general, pastor of the church, and two others [pg 094] selected by them and their successors shall be a body corporate, does not constitute the trustees the corporation in place of the congregation so as to make the acts of a majority of the trustees binding on the corporation in the absence of proof of other authority.[276] Under the statutes of Louisiana providing for the incorporation of congregations for the purpose of administration and revenues, it was held that the corporation had full control and was responsible to the congregation alone and could not be controled by the clergy. The congregation had the right to elect others in the places of those amoved by reason of their misuse or abuse of their powers.[277] And in Massachusetts, under the law for incorporating Catholic parishes, no one but the trustees have any power.[278]