§ 10-14-104 — Representative form of government - defined

(1) A society has a
representative form of government when:

(a) The supreme governing body is either:

(I) An assembly composed of delegates elected directly by the members or
at intermediate assemblies or conventions of members or their representatives,
together with other delegates as may be prescribed in the society's governing
documents. A society may provide for the election of delegates by mail. The elected
delegates shall constitute at least a majority of the delegates and not less than
two-thirds of the votes of the assembly and not less than the number of votes
required to amend the society's governing documents. The assembly shall be
elected, shall meet at least once every four years, and shall elect a board of
directors to conduct the business of the society between meetings of the assembly.
Vacancies on the board of directors between elections may be filled in the manner
prescribed by the society's governing documents.

(II) A board composed of persons elected by the members, either directly or
by their representatives in intermediate assemblies, and any other persons
prescribed in the society's governing documents. A society may provide for election
of the board by mail. Each term of a board member shall not exceed four years.
Vacancies on the board between elections shall be filled in the manner prescribed
by the society's governing documents. Those persons elected to the board shall
constitute at least a majority of the board and not less than the number of votes
required to amend the society's governing documents. A person filling the
unexpired term of an elected board member shall be considered to be an elected
member. The board shall meet at least semiannually to conduct the business of the
society.

(b) The officers of the society are elected either by the supreme governing
body or by the board of directors, pursuant to the governing documents of the
society;

(c) Only benefit members are eligible for election to the supreme governing
body, the board of directors, or any intermediate assembly; and

(d) Each voting member has one vote. No vote may be cast by proxy.

Legislative History

Source: L. 93: Entire article amended with relocations, p. 586, � 1, effective July 1.