ART. XVI - ELECTION
Section 1 ELECTION FOR THE EXECUTIVE COMMITTEE
The election shall be held no later than last week of October of the Election Year. A simple majority vote shall decide the elected positions.
Sec. 1.1 To be eligible to vote a member shall satisfy ART.IX sec. 4 and sec. 5.
Sec. 1.2 The incumbent President and/or the General Secretary who enters to contest the election for the next term of office shall not interfere nor hinder with the due independent election process towards achieving personal gains of votes and otherwise.
Sec. 1.3 The Elected Executive Committee shall take an Oath of Office on or before the 2nd Sunday of January and the ceremony shall be conducted by the Chief Election Commissioner.
Section 2 CONDUCTING ELECTION
The Executive Committee shall appoint an Election Commission by April 15 of the election year with one Chief Election Commissioner and six (6) Election Commissioner to conduct the Election as per this constitution and its by-laws.
Sec. 2.1 The election commission with the help and approval of the Executive Committee may, if deemed required, appoints an outside licensed conductor to conduct the election under.
Sec. 2.2 The Election Commission shall have full independence to conduct the election and there shall be no interference from any members of the Executive Committee and/or general member while carrying out this objective in due process of the law of this charter.
Sec.2.3 The Election Commission shall remain accountable to Executive Committee for the declaration of the election results, its outcome and activities.
Sec. 2.4 The Election Commission shall provide its accounts, official results, and other Election materials within thirty (30) days from the date of election.
Sec. 2.5 The Election Commission shall provide its Election Budget within twenty one (21) days to the EC.
Sec. 2.6 The Executive Committee shall approved the Election budget within fourteen (14) days.
Section 3 CLAUSES
CLAUSE: A The members of the Election Commission shall not be eligible to contest in the election in his/her period even though he/she resigned from the position of Election Commission.
CLAUSE: B The members of the Election Commission shall not vote in this election but their families shall. They, however shall cast the deciding votes, by secret ballot, in case of a tie in any position.
CLAUSE: C The members of the Election Commission shall be the members in good standing. They shall seek assistance, if and when needed, from the Executive committee only.
Section 4 SELECTION OF THE BOARD OF TRUSTEE
Clause A The Selection of the BOT shall be held once in every two years and the term of office shall end on the last day of May of the second year.
Clause B The Selection shall be conducted by the EC and the body of the BOT shall be formed by the EC within ninety (90) days from the date of new EC Oath Ceremony per ART. VIII sec. 3.1 and sec 3.1.1
Clause C The Selection process by the EC shall pass by two-third majority vote.
Clause D The Executive Committee may under take the same steps for a vacancy fill up in the BOT as per this charter.
Clause E The BOT shall take Oath of Office by thirtieth July after confirming a Chairman of its own body of BOT to the Executive Committee and the ceremony shall be conducted by the President of the Executive Committee.
ELECTION BY-LAWS ART.ONE
NOTICES
Section A The Executive Committee shall notify the General Members at due time of Election date and of the appointment of the Election Commission.
Section B Notices for election with a sample copy of nomination papers and election rules shall be published through print and electronic media at least forty five (45) days before the election date.
Section C A candidate shall be, at least, of twenty two years of age and a voter shall be of eighteen years of age and older.
Section D Election shall be held by secret ballot on one person one vote for one position basis.
Section: E The Executive Committee shall supply a full list of members in good standing who are eligible to vote, to the Chief Election Commissioner of the election commission before mailing the election papers.
Section F No applicant/member shall be declared a voting member unless a through checking was made and certified by the Executive Committee after receiving the forms and dues, and an announcement of total eligible members shall not be made before the above certification is completed.
Section G The voting shall be held directly and physically at a location previously announced by the Election Commission.
Section H All ballot papers, if these are not the voting machines which the Executive Committee shall arrange and properly secured, shall be sealed with the official seal of the commission and shall be removed and preserved at the discretion of the Chief Election Commissioner for secured counting.
Section I The Election Commission shall follow the constitution and the Election bylaws of this charter as guide lines to conduct the election and shall abide by the rules as a matter of their constitutional responsibility, and necessary additional by-laws set up jointly by the Executive Committee and Election Commission of the Election year.
Section J The Election Commission may delay the election date by a maximum of thirty (30) days due to demanding unavoidable circumstances only.
Section K The Election Commission shall decide centers in Queens, Brooklyn and the Bronx.
Section L There will be a center at the Bronx. Connecticut, New Jersey and Pennsylvania voter may vote at the Bronx center. All other centers will in Queens and Brooklyn.
Section M The Election Commission shall include a single fundamental question in the ballot paper/machine during election if the EC recommend for approval per ART. VIII sec. 3.12.
Section N The Election Commission shall decide any matter that is undefined, unclear and contradict. Commission reserves all rights to make any necessary modification and add additional clauses if required.
Section O During the general election panel based candidates shall be placed before any individual candidates in the ballot paper/machine. Name of the president of panel also shall be placed in front of the ballot paper/machine in order to last name alphabetically.
FILING NOMINATION PAPERS ART. TWO
Section A A member in good standing shall be entitled to vote as per ART. IX Sec.4 and 5.
Section B Each member is entitled to vote for each elective position per ART. ONE Sec. C of Election by-Laws.
Section C A member who is eligible to vote, shall be entitled to propose the name of another member in good standing for the office of the Society who satisfies ART. XI Sec.1 (Eligibility).
Section D One member may propose for any or all positions.
Section E The proposal shall be seconded by one member in good standing who is also eligible to vote, for each elective position.
Section F Any proposal for any office of the Executive Committee shall be made with the full consent of the proposed nominee, the proof whereof, shall bear his signature in the nomination papers and his verbal certification if and when asked for. A default from this statute in one case shall result in the cancellation of all the nominees proposed by that particular proposal.
Section: G The voters who did not receive the nomination. papers in due time shall notify the election commissions by no later than ten office days before the nomination submission date and the commission shall handle thereafter.
Section: H The election commission shall announce the withdrawal date from nomination along with the announcement of the last day of submitting the nomination papers and their withdrawals. . .,
Section: I To compensate for postal miss delivery and being getting lost in the mail, the candidates and/or their representatives shall be responsible to find out if their nominations and withdrawals have been received by the election commission.
Section J The withdrawal from the nomination by a candidate shall be confirmed officially through signed withdrawal letter and this be preserved by the Chief Election Commissioner until the declaration of the election results.
Section K Any incomplete nomination form shall stand as void and no refund fees for any void form.
Section L Each candidate must Notarized affidavit section of the nomination form. No nomination form will be acceptable without Notary.
COUNTING ART. THREE
Section: A No member of the enlarged Board shall be appointed as a representative of any candidates at time of counting ballots.
Section: B One representative shall be allowed for each contestant to sit in at time of counting ballots.
Section: C The representatives shall not hinder the process of counting in any manner and shall refrain from starting a debate or trouble on an issue that goes under the jurisdiction of the Election Commission, the result of which shall empower the Chief Election Commissioner to ban that respective representative from sitting in and replacement shall not be allowed.
Section: D The election results shall be declared officially by the Chief Election Commissioner within forty eight hours of closing votes and/or as soon as the counting is completed whichever comes first. All members of the Election Commission shall sign this official report before declaring the results.
Section: E The Election Commission shall provide the official results of election to the individual candidate within fifteen days of the official declaration.
Section: F All ballots shall be preserved in a safe place by the Election Commission for sixty days pending no complaints, thereafter they shall be handed over to the Executive Committee.
OBJECTIONS AND PROTESTS ART.FOUR
Section: A A formal objection, complaints and/or protest by a contestant claiming the validity of fairness of the election, and/or, challenging the counting of ballots and/or results, shall be produced in written by the candidate in duplicate, handing first copy to the President of the Executive Committee, and the. second copy to the Chief Election Commissioner of the Election Commission within forty eight hours of official declaration of the election results,.
Section: B The Executive Committee shall try to resolve the issue in a manner as per guidelines of the Constitution and its By-Laws, whereupon, depending on the weight and demand of the situation, the Executive Committee may form an independent body within seventy-two hours consisting of three members in good standing of which one shall be the Chairman, to investigate the matter and give a judgment on the truthfulness, justness and correctness of the complaint and its remedial recommendations to the President of the Executive Committee who shall, then, take the final action on the recommendation of the Executive Committee that shall not go beyond fifteen days unless the issue supercedes the Jurisdiction of the Executive Committee.