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Pastor, Church & LawMember access only

by Richard R. Hammar, J.D., LL.M., CPA

Judicial Supervision of Church Elections

§ 6.12.05
Key point 6-12.05. Some courts will supervise church elections to ensure compliance with the procedural requirements specified in the church's governing documents if they can do so without inquiring into religious doctrine or polity.

Some courts have been willing to supervise a church election to ensure compliance with applicable procedural requirements if the church requests such supervision or if certain members allege that the church has disregarded procedural requirements in the past.[411] First Union Baptist Church v. Banks, 533 So.2d 1305 (La. App. 1988); LeBlanc v. Davis, 432 So.2d 239 (La. 1983); Fast v. Smyth, 527 S.W.2d 673 (Mo. 1975); Second Baptist Church v. Mount Zion Baptist Church, 466 P.2d 212 (Nev. 1970); Rector, Church Wardens and Vestrymen of St. Bartholomew's Church v. Committee to Preserve St. Bartholomew's Church, 56 N.Y.2d 71 (1982). To illustrate, in one ...

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