Sect. 15.(1) The rules of every registered organization shall include provision for the following:
(k) periodic elections to all offices and for the appointment of a temporary replacement if an officer becomes disqualified from holding office or incapacitated;
(l) the nomination of candidates for election as officers;
(m) positions as officers reserved for women at least in proportion to the female membership of the organization or 20 percent of the positions, whichever is lower;
(n) the holding of a secret ballot for the election of officers whenever more than one candidate has been nominated for office;
(o) the powers, functions and duties of officers;
[Malawi, Labour Relations Act, 1996]
Sect. 197. (1) The rules of an organization:
(a) shall provide for the election of the holder of each office in the organization by:
(i) a direct voting system; or
(ii) a collegiate electoral system that, in the case of a full-time office, is a one-tier collegiate electoral system;
(b) shall provide for the conduct of every such election (including the acceptance or rejection of nominations) by a returning officer who is not the holder of any office in, or an employee of, the organization or a branch, section or division of the organization;
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(d) shall make provision for:
(i) the manner in which persons may become candidates for election;
(ii) the duties of returning officers; and
(iii) the declaration of the result of an election;
(e) shall provide that, where a ballot is required, it shall be a secret ballot, and shall make provision for:
(i) absent voting;
(ii) the conduct of the ballot; and
(iii) the appointment, conduct and duties of scrutineers to represent the candidates at the ballot; and
(f) shall be such as to ensure, as far as practicable, that no irregularities can occur in relation to an election.
(2) Without limiting section 196, the rules of an organization relating to elections may provide for compulsory voting.
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Sect. 198. (1) Where the rules of an organization provide for election for an office to be by a direct voting system, the rules shall also provide that, where a ballot is required for such an election, it shall be a secret postal ballot.
(2) An organization may lodge in the Industrial Registry an application for an exemption from subsection (1), accompanied by particulars of proposed alterations of the rules of the organization, to provide for the conduct of elections of the kind referred to in subsection (1) by a secret ballot other than a postal ballot.
(3) If the Industrial Registrar is satisfied, on application by an organization under subsection (2):
(a) that the proposed alterations of the rules:
(i) comply with and are not contrary to this Act (other than subsection (1)), awards and certified agreements;
(ii) are not otherwise contrary to law; and
(iii) have been decided on under the rules of the organization; and
(b) that the conduct of a ballot under the rules of the organization as proposed to be altered:
(i) is likely to result in a fuller participation by members of the organization in the ballot than would result from a postal ballot; and
(ii) will afford to members entitled to vote an adequate opportunity of voting without intimidation;
the Industrial Registrar may grant to the organization an exemption from subsection (1).
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Sect. 199. (1) The rules of an organization:
(a) shall, subject to paragraph (b) and subsection (3), provide terms of office for officers in the organization of no longer than 4 years without re-election; and
(b) may provide that, where a person elected to a full-time office will attain retirement age within 12 months after the end of the term for which the person is elected, the person may hold the office, without being re-elected, until attaining retirement age.
(2) Where the rules of an organization provide as mentioned in paragraph (1)(b), the rules shall provide that where a candidate duly nominated for election to a full-time office is a person who, if elected, will hold that office in the circumstances mentioned in that paragraph, the ballot papers for the election shall indicate the maximum term for which, if elected, the person may hold office.
(3) The rules of an organization, or a branch of an organization, may provide that a particular term of office is extended for a specified period, where the extension is for the purpose of synchronising elections for offices in the organization or branch, as the case may be.
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(5) The term of an office shall not be extended under subsection (3) so that the term exceeds 5 years.
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Sect. 200. (1) The rules of an organization may provide for the filling of a casual vacancy in an office by an ordinary election or, subject to this section, in any other manner provided in the rules.
(2) Rules made under subsection (1) shall not permit a casual vacancy, or a further casual vacancy, occurring within the term of an office to be filled, otherwise than by an ordinary election, for so much of the unexpired part of the term as exceeds:
(a) 12 months; or
(b) three-quarters of the term of the office;
whichever is the greater.
(3) Where, under rules made under subsection (1), a vacancy in an office in an organization is filled otherwise than by an ordinary election, the person filling the vacancy shall be taken, for the purposes of the relevant provisions, to have been elected to the office under the relevant provisions.
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[Australia, Workplace Relations Act, 1996]