Subtitle
Art. II
Election of a Socius of a Prior Going to a Provincial Chapter
The socius of a conventual prior going to a provincial chapter is the brother elected by a convent to have a vote in the provincial chapter.
- The right to elect a socius to a prior going to a provincial chapter belongs only to those convents which, for six months before the chapter, have eight voters, unless during the year the aforesaid number has been diminished by the death of a brother (see Appendix, no. 26).
- Convents, however, that have at least sixteen voters have the right to elect two socii, three if they have twenty-four voters, and four if they have more than thirty-two.
- The brothers in a convent which does not have a sufficient number of voters to elect a socius to the prior going to a provincial chapter shall be joined to a college for electing
a delegate.
- The electors are the brothers with active voice and assigned to the convent even if they live habitually outside the convent of their assignation. Those, however, who, in accordance with n. 497, § II, have been joined to a particular electoral college, are not to be counted among the number for determining the socii of a prior going to a provincial chapter (see n. 458, § II).
- Those, however, who, under any title whatsoever, are already included among the voters at a provincial chapter cannot participate in the aforesaid election.
Given the requirements of n. 443, § I, all the electors are eligible except for those who have exercised the same office for the same convent in the chapter immediately preceding.
- The election must be held within the time limit laid down by the prior provincial.
- It pertains to the subprior, with the consent of the voters in accordance with nn. 461 and 462, to set the date of the election as well as to preside over it.
- In convents where only one socius is to be elected, the election is held according to the manner indicated in § IV, 2, and n. 452.
- In convents where several socii are to be elected (see n. 490, § II), a secret vote must be cast to determine whether they are to be elected all together or one after the other.
- If the majority agree, there can be a discussion about the candidates before the election.
- The election is to take place as follows:
- if the socii are elected all together, the election is to be terminated in the seventh ballot, in which a relative majority suffices;
- if they are elected one after the other and if by the third ballot no candidate has been given a clear majority of votes, in the fourth and last ballot the candidates are reduced to two: those who have received the most votes in the previous ballot, with due regard for n 450, §III.
A socius shall have a testimonial letter of his election signed by the tellers (see Appendix n. 27); without which he shall not be admitted to the provincial chapter unless the fact of his election is established without doubt from another source.
- A socius does not have a vote except in the chapter for which he has been elected. Moreover, his election does not stand if the chapter is delayed beyond a year.
- If, however, the election of a prior provincial must be held several times because of cassation, or the refusal by the one elected, the same socius shall be admitted to the new election.
- If an elected socius is impeded before the beginning of a chapter, another may be elected in his place.