THIRD SECTION

ON ELECTIONS

First Section: General Norms:

Second Section: On Government Itself:

Third Section: On Elections:

Chapters:

16. on elections in general; §439
17. on the election of a conventual prior; §457
18. of a regional prior, and of a vicar provincial; §477
19. on elections for a provincial chapter; §485
20. on the election of a prior provincial; §502
21. on the other elections to be made in a provincial chapter; §513
22. on the election of the Master of the Order. §526

Fourth Section: On Economic Administration:

Chapter XVI

ON ELECTIONS IN GENERAL

1. anyone who is exclaustrated, during the time period of the indult and for a year from the date of his return;

2. anyone whose petition for exclaustration or secularization has been sent by the prior provincial to the Master of the Order, while the petition is pending;

3. one who has permission from his major superior to live outside a convent of the Order (CJC 665, 1) unless this permission was granted for the sake of recovering health, by reason of study, or to carry out an apostolate in the name of the Order.

4. anyone who has left the Order illegitimately, for five years from the date of his return, unless the prior provincial with his council shall have extended or even shortened the time, provided that the returning member remain without voice for at least three years from the date of his return.

5. anyone who has been legitimately deprived of active voice.

II.   Within two months before an election, affiliations, assignments, or the conferring of any offices which of their nature give or take away the right to vote in any chapter shall not be made easily.

II.   When it is a question of the election of superiors, in order for one to be elected or postulated, it is also required:

1. that he be a priest;

2. that he be solemnly professed for three years;

3. that he be actually approved in the Order for hearing confessions.

Art. II.   -- On the Convocation of Electors
and their Obligation to Vote

II.   An election shall be held within the time specified for each office, and when that time has elapsed without having been used, the right of election is lost and provision for the office reverts to the competent superior.

II.   Those who, without a just cause approved by the major superior, abstain from voting in an election of superiors, shall remain deprived of active voice for any election whatsoever for a full year, to be counted from the date of the abstention mentioned above.

II.   Doubtful electors, also coming of their own accord, must be admitted to the election, but under protest.

Art. III -- On the President (chairman),
Secretary, and Tellers

II.   The secretary, if he is not designated by our laws and thus summoned and present or otherwise appointed, shall be elected before everything else by secret vote and in a single scrutiny in the first meeting of the election. He can be elected from the brethren not belonging to the chapter, and he can be given an assistant and a substitute elected in the same manner.

III.   The secretary or his assistant must be present at every session. All the acts of the election shall be recorded accurately by the one who exercises the office of secretary, and, having been signed at least by the secretary himself, the president, and the tellers, shall be carefully preserved in the files of the chapter.

IV.   In the same meeting or at the beginning of the elective session, tellers shall be elected from among the vocals by a secret vote, in a single scrutiny and all at once.

II.   Every election is carried out by way of a scrutiny by secret votes written on ballots and, indeed, written by the electors themselves since our legislation excludes election by compromise.

III.   For the validity of a vote, it is required that it be free, secret, certain, determined, and absolute. (See Can. 172,1.)

IV.   According to our law, no one can validly vote for himself.

II.   To obtain this majority, several scrutinies can be conducted, but unless it is otherwise provided, the election is terminated with the third scrutiny, in which a relative majority suffices.

III.   In the scrutiny in which the election is terminated and a relative majority suffices, if the votes are tied, the one who is older in the Order shall be considered elected.

IV.   When this concerns a postulation, at least two-thirds of the votes are always required. (Cf. CJC, 181, 1 and LCO 297 bis). In cases where, in the last ballot, according to our laws, only two candidates can be presented, where one needs postulation but lacks two-thirds of the votes, the other is considered to be elected.

1. the electors, having met at the appointed time and place and the invocation of the Holy Spirit having been made, the president, tellers, and secretary shall take the oath on fulfilling their duty faithfully and on observing secrecy about the transactions in the sessions even after the election is completed;

2. the secretary calls the names of the individuals who by law must be present as electors; if they are present, they shall answer;

3. objections, if there are any, against the admission or exclusion of any vocal must then be raised. [N.B. A-280 and O-273 deleted former n. 4, concerning the giving of absolution.]

4. the president shall remind the vocals that no one can validly vote for himself;

5. the ballots having been distributed by the secretary, the vocals shall write down their vote in this manner:

I elect or I postulate N.N., indicating both the given name and surname. In every case the complete formula, I elect or I postulate, shall be used;

6. if anyone of the vocals present in the convent is confined to his room by illness, the tellers shall then go to him together, and obtain his written vote. If the sick person is unable to write, he can authorize someone else to write down his vote, or he may even by word of mouth declare his vote to the tellers by whom, however, it should be immediately written down;

7. the tellers and then the vocals beginning from the older, place their folded ballots in an open container;

8. the ballots shall be counted by the tellers. If their number does not exceed the number of voters, they shall then be unfolded; otherwise, they shall be burned immediately, and the electors shall write out a new ballot;

9. the tellers shall read the ballots and tabulate the votes;

10. the tellers shall compare their tabulations and after they have found them in agreement, the ballots shall be burned;

11. then the president shall read out in a clear voice the names of each one who has received any vote;

12. objections, if there are any, against the process of the election itself must then be raised;

13. with the consent of the majority, the process of the election can be interrupted between scrutinies, but the last scrutiny must be held on that same day;

14. if the required majority is obtained, the president shall declare brother N.N. to have been canonically elected or postulated for such and such office. If the president himself has been elected, the declaration shall be made by the first teller;

15. objections, if there are any, against the character of the one elected must then be raised;

16. the document of election shall be drawn up and signed by the president, the tellers, and the secretary.

II.   When, however, an election does not need confirmation, one copy of the document of election signed in the aforesaid manner shall be given to the one elected, except for nn. 515,V, and 532,3; the other copy, together with the processus verbalis, shall be preserved in the files. (See Appendices nn. 23, 24, 26.)

1. if more than a third of the electors shall not have been summoned (see n. 445, I);

2. if someone outside the college shall have been admitted knowingly;

3. if someone who lacks active voice shall have been admitted and it is established that without his vote the one elected would not have received the required number of votes;

4. if in a scrutiny it is found that the number of votes exceeds the number of voters;

5. if anyone shall have voted for himself and without that vote, inasmuch as it was in-validly cast, would not have received a majority of the votes.

II.   For other cases of lengthy absence or notable distance of the brethren from the convent of their assignment, the provincial chapter shall determine the conditions under which these same brethren can take part in the election of a prior. (See n. 336.)

II.   Besides the conditions mentioned in n.443, it is required for the validity of an election:

1. that the one elected shall not have been the prior in the same convent for the immediately previous two successive three-year terms;

2. that he does not actually exercise the office of visitator general, regent of studies, moderator of the center of institutional studies, master of novices or student brothers.

II.   A brother thus postulated and appointed, having accepted the office and taken possession of it is ipso facto relieved of any incompatible office unless he has been dispensed by the Master of the Order.

1. they shall determine the date and the hour of the election in such a way that those who are absent can easily come at a convenient time, not, however, beyond a month from the known vacancy;

2. they shall review the list of vocals. If a doubt should arise, however, about the right of any brother (see n.447, II), the matter shall be referred to the prior provincial who shall resolve it;

3. they shall determine whether a caucus shall be held on the brother to be elected.

III.   If the convocation was made in the prescribed manner and nevertheless does not reach an elector, he cannot be described as neglected, but it is the duty of the one who made the convocation to show that he did so in the prescribed manner.

Art. III -- On the Actual Process
of the Election

II.   The election is carried out according to the norm of n.451-452.

Art. IV -- On the Confirmation or Cassation
of an Election and its Acceptance

II.   If a legitimately made postulation shall seem to the prior provincial to merit confirmation, he himself shall have recourse to the Master of the Order for a dispensation; having obtained it, he can confirm the one postulated according to the norm in Paragraph I.   

1. of the Master of the Order if the one elected or postulated is assigned to a convent subject to the immediate jurisdiction of the Master of the Order;

2. of the prior provincial of the province of assignment if the one elected or postulated is assigned in another province; and also of the prior provincial of affiliation, if he shall have been assigned outside the province of his affiliation.

II.   A prior actually in office cannot be forced to accept the office of prior of another convent.

II.   If he refuses, he shall explain the reasons for his refusal to the prior provincial.

III.   He who refuses or who within five days after having received the letter of confirmation shall not have accepted, loses every right gained from the confirmation.

II.   When this letter is received, if a new election is to be held, the president must convoke the electors within a month in accord with n.461.

III.   The new election shall be held under the presidency of the subprior or the brother already elected in accord with n.463 with the same secretary and tellers as in the preceding election and observing the same procedure except for the obligation of celebrating the Mass of the Holy Spirit.

Art. V -- On the Transfer of the Right of
of Appointing a Conventual Prior

1. when a convent at the time of a prioral vacancy does not have the conditions mentioned in n.260; if it has the conditions but one or more of the vocals will not or cannot cast their vote, then one vocal is sufficient to carry out an election legitimately provided the last day of a month's duration is awaited;

2. when all the vocals shall have renounced their voice and shall not have been reinstated by the prior provincial;

3. when the vocals have not elected or postulated within a month of the known prioral vacancy, or of the cassation or non-acceptance of the preceding election;

4. when after three months have elapsed from the prioral vacancy, the convent, for any reason whatsoever, still shall not have a confirmed prior, LCO 302, II being observed.

5. when in the process of the election there have been seven futile scrutinies;

6. when the vocals elect the same brother again after the first election has been cassated, unless that election was cassated only because of a defect of form and not because of the character of the one elected;

7. when there have been two or at most three elections confirmed by the prior provincial and not accepted by those elected, then after the second election the prior provincial can, and after the third, he must, appoint a prior.

II.   After consulting the regional council, it pertains to him to determine the time of the election and to notify all the vocals within a month, however, of the known vacancy of the office.

1. he shall have completed thirty years from his birth and ten years from first profession;

2. he shall not have been regional prior in the same region for the two four-year terms immediately preceding.

II.   If any brother cannot be elected because of the lack of one or more of the conditions mentioned in Paragraph I, 1 and 2, the brethren can postulate him to the prior provincial who can dispense from the interstices and make provision according to n.467.

II.   If the election is carried out in a special assembly:

1. the president (praeses) and the place of the election shall be given as in n.477;

2. in the actual process of the election, n.464 shall be observed (see Appendix n. 15).

1. within the time determined by the president (n.477, II), each vocal shall write his vote on a ballot in accord with n.452,6;

2. then, after the ballot is placed in an envelope, he shall write in his own hand his name and place of residence on the carefully sealed envelope. After that, he shall enclose the first envelope in another envelope and send it to the president (praeses) with some particular inscription so that it can be easily recognized.

1. when all the external envelopes have been opened in the presence of the council, the names of the electors written on the outside of the inner envelopes are examined to see whether each of them has the conditions required for active voice; if anyone does not, his vote shall be considered null and void;

2. the number of vocals and of envelopes is compared;

3. the envelopes shall be opened and burned before the ballots are unfolded;

4. the votes shall then be examined in accord with n.452, 10, 11, and 12;

5. if the majority required for election or postulation is obtained, a decree of election shall be drawn up by the president (praeses), and an authentic document of the election shall be prepared and sent to the prior provincial in accord with n. 453, I (see Appendix n. 21). All the vocals shall be notified by letter of the result of the election;

6. if, however, an absolute majority is not obtained in the first scrutiny, the president (praeses) with the council shall determine the time for a new and final scrutiny to be held and shall inform by letter both the prior provincial and the vocals of all that has taken place;

7. a provincial chapter, however, can determine that a third or even a fourth scrutiny shall be held if in the second or third an absolute majority is not yet obtained;

8. but in the final scrutiny, whether it is the second (n.6) or the third or the fourth (n.7), if an absolute majority is not obtained, provision of the office reverts to the prior provincial. (cf. n. 464) (B-283)

II.   The right of appointing a regional prior reverts to the prior provincial, n.373,1, being observed:

1. when at the time of the vacancy in the office of regional prior, the vicariate does not have the conditions stated in n.384; then, however, nn. 483 and 484 must be observed in the appointment of a vicar;

2. when all the vocals shall have renounced their voice and shall not have been reinstated by the prior provincial;

3. when for any reason whatsoever a regional prior has not been elected or postulated within six months of the known vacancy;

4. when in the process of election there have been seven futile scrutinies (cf. n.480, II, 2);

5. when the brethren elect the same brother again after the first election has been cassated, unless that election was cassated only because of procedural form and not because of the character of the one elected;

6. when there have been two or at most three elections confirmed by the prior provincial and not accepted by those elected; then after the second election the prior provincial can, and, after the third he must, appoint a regional prior.

Art. II -- On the Election of
a Vicar Provincial

II.   The prior provincial shall appoint as vicar provincial one of the three who received a greater number of votes unless he shall have judged it to be advantageous for the good of the Order to appoint another brother.

Art. II -- On the Election of the Socius of a Prior
going to a Provincial Chapter

II.   Convents, however, that have at least sixteen vocals have the right of electing two socii, three if they have twenty-four vocals, and four if they have more than thirty-two.

III.   The brethren in a convent which does not have a sufficient number of vocals to elect a socius of the prior going to a provincial chapter shall be included in some college for electing a delegate.

II.   Those, however, who under any title whatsoever are already included among the vocals of a provincial chapter cannot participate in the aforesaid election.

II.   It pertains to the subprior with the consent of the vocals in accord with nn. 461 and 462 to set the date of the election as well as to preside over it.

II.   In convents where several socii are to be elected (see n.490, II), one is elected after another.

III.   For every election, if no candidate receives an absolute majority of votes by the third scrutiny inclusively, in a fourth and final scrutiny those two only can be presented who received the greater number of votes in the preceding scrutiny, n.450, III, being observed.

II.   If, however, the election of a prior provincial must be held several times because of cassation or the refusal of the one elected, the same socius shall be admitted to the new election.

III.   If it should happen that an elected socius is impeded before the beginning of a chapter, another can be elected in his place.

Art. III -- On the Election of Delegates
going to a Provincial Chapter

1. brothers directly assigned to houses of the province;

2. unless it is indicated otherwise in the statute of the province, brothers directly assigned to houses or convents under the immediate jurisdiction of the Master of the Order, excepting always those who belong to the general council;

3. brothers indirectly assigned outside the province, provided they are not superiors.

4. brethren assigned to convents for which an agreement has been entered into according to LCO 391, numbers four and five, provided that they are not superiors.

III.   While maintaining the requirement of n. 443, I, all the brothers having active voice in the election of a delegate are also eligible from the college itself to which they belong.

[ II.   A provincial chapter can determine in the provincial statute that the number of vocals in any one electoral college shall be not less than eight and not more than nineteen.] Paragraph II is abrogated. (A-286)

II.   If the election is to be held in a special assembly:

1. the president (praeses) and place of the election shall be determined by the provincial or regional council;

2. in the very act of election, nn. 452 and 494, III shall be observed;

3. after the election of a delegate, provision shall be made in the same manner for a substitute in case of necessity.

1. each vocal shall write his vote on a ballot and send it in a double envelope to the prior provincial or regional prior in accord with n.480, III;

2. when the time determined for the reception of ballots has elapsed, the prior provincial or the regional prior with his council shall make the scrutiny in accord with n.480, IV, 1-4;

3. if the majority required for election is obtained, all vocals shall be informed by letter of the result of the election;

4. if, however, an absolute majority is not obtained in the first scrutiny, the provincial or regional prior with his council shall proceed according to the norms of n.480, IV, 6, and 7. In the final scrutiny, whether it is the second, third or fourth, only those two can be presented who achieved the greater number of votes, with number 450, III remaining in force.

5. in the event of the incapacity of a delegate, he shall be held to be the substitute who in the final scrutiny obtained second place according to the number of votes, n.450, III, being observed.

II.   In this case, the Master of the Order can shorten or extend the four-year term of the prior provincial to be elected in such a way that the following election can be celebrated again in the customary provincial chapter at the usual time.

1. he shall have completed thirty years from his birth and ten years from first profession;

2. he shall not have been prior provincial in the same province for the two four-year terms immediately preceding;

3. he is not a visitator general in the same province.

II.   Two tellers shall be designated in accord with n.448, IV.   

III.   The actuary of the chapter shall fulfill the office of secretary. If the election must be held in a simple elective congregation, the secretary of the conventual council can discharge the office of actuary.

II.   The document of election in an authentic copy shall be sent to the Master of the Order; another copy shall be preserved in the archives of the province (see n.453, I, and Appendix n. 25).

Art. IV -- On the Confirmation or Cassation
of the Election

II.   The Master of the Order can confirm or cassate the election as he shall have judged it to be advantageous for the good of the Order.

1. when the electors on the day designated for the election have neither elected nor postulated but held seven futile scrutinies;

2. when for any reason whatsoever a province has been without a legitimate prior provincial for six months.

Art. I -- On the Election of the Diffinitors
of a Provincial Chapter;

1. he shall not have served as a diffinitor in the immediately preceding provincial chapter;

2. he is not the prior provincial who shall have completed his term of office immediately before the chapter;

3. he is assigned in the province, or is a son of the province under the immediate jurisdiction of the Master of the Order, provided that he does not belong to the general council.

II.   By secret vote it shall be determined whether they shall be elected all at once or one after another.

III.   With the consent of the majority of the vocals, a caucus on those to be elected can be held before the election.

IV.   Ruling out every kind of postulation, the election shall be carried out in the following manner:

1. if the diffinitors are to be elected all at once, the election is terminated in the seventh scrutiny in which a relative majority suffices;

2. if, however, they are to be elected one after another, then for each diffinitor, if no candidate shall have achieved an absolute majority of votes by the third scrutiny inclusively, in a fourth and final scrutiny, those two only can be presented who in the preceding scrutiny shall have obtained the greater number of votes, the regulation of n.450, III, being maintained.

II.   All brothers enjoying passive voice and assigned in the province can be elected as well as sons of the province assigned to houses or convents under the immediate jurisdiction of the Master of the Order, provided that they do not belong to the general council, even if in the preceding four-year term they exercised the same office under any title whatsoever.

II.   The socius of a diffinitor, elected in the same manner, has the right of taking his place in case of necessity.

III.   With the same right of taking his place, the socius of a prior provincial going to a general chapter is elected in the same way.

IV.   In an elective general chapter, the socius of a diffinitor considered in n. 407, I, 5 and the socius of a prior provincial considered in n. 407, I, 6, have voice.

II.   Three distinct brothers must be elected as socii of the diffinitors and socius of the prior provincial.

1. he is a son of the province or assigned in the province for at least six years if he is not a son of the province;

2. he shall not have defined or elected under the same title in the immediately preceding general chapter.

3. That he not be directly assigned in houses under the immediate jurisdiction of the Master of the Order.

II.   If, however, the socius of a diffinitor or of a prior provincial shall be impeded or not available, in his place shall be substituted one of the diffinitors of the preceding provincial chapter, who has the conditions required in n.522, beginning with the older in the Order.

II.   The secretary (actuary) of the election shall be the first secretary (actuary) of the chapter.

III.   The tellers shall be designated in accord with n.448, IV.   

1. the scrutinies must be repeated until some brother is elected by an absolute majority of votes;

2. the electors shall not leave the chapter room before the new Master has been elected except, however, the tellers to receive the votes of infirm vocals if there should be any;

3. an official document shall not be drawn up but a faithful report of the whole election with its various scrutinies shall be recorded in the processus verbalis of the chapter.

II.   Unless he has grave reasons, the one elected is bound to accept his election. But if he shall not have accepted and the capitulars shall have permitted this refusal, they must proceed to a new election as soon as possible.