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Election of a Vicar Provincial

477

  • 477 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 315
    • Secunda ACG 2019 Biên Hòa n. 415
    • Definitive ACG 2022 Tultenango n. 356
    Revision history
    1. If the statute of the vicariate shall have determined that the vicar be designated by election, the president of the election is the brother who actually governs the vicariate in accordance with the norm of 385, § II, 2, or, if he is out of office, the senior in the Order among the superiors of that region of the statute of the vicariate or perhaps another friar appointed by the prior provincial.
    2. After consulting the regional vicariate council, it is for him to determine the time of the election and to notify all the voters; he must do this within a month of knowing that the office is vacant.
  • 477 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 315
    • Secunda ACG 2019 Biên Hòa n. 415
    • Definitive ACG 2022 Tultenango n. 356
    Revision history
    1. If the statute of the vicariate shall have determined that the vicar be designated by election, the president of the election is the brother who actually governs the vicariate in accordance with the norm of 385, § II, 2, or, if he is out of office, the senior in the Order among the superiors of that region of the statute of the vicariate or perhaps another friar appointed by the prior provincial.
    2. After consulting the regional vicariate council, it is for him to determine the time of the election and to notify all the voters; he must do this within a month of knowing that the office is vacant.
  • 477 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 315
    • Secunda ACG 2019 Biên Hòa n. 415
    • Definitive ACG 2022 Tultenango n. 356
    Revision history
    1. If the statute of the vicariate shall have determined that the vicar be designated by election, the president of the election is the brother who actually governs the vicariate in accordance with the norm of 385, § II, 2, or, if he is out of office, the senior in the Order among the superiors of that region of the statute of the vicariate or perhaps another friar appointed by the prior provincial.
    2. After consulting the regional vicariate council, it is for him to determine the time of the election and to notify all the voters; he must do this within a month of knowing that the office is vacant.

478

  • 478 (provisional)
    ordination
    • Technice ACG 2016 Bologna n. 320
    Revision history

    The electors are the brothers having active voice who are assigned to convents of the vicariate directly or indirectly by reason of office.

479

  • 479 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 316
    • Secunda ACG 2019 Biên Hòa n. 416
    • Definitive ACG 2022 Tultenango n. 357
    Revision history
    1. Without prejudice to n. 443, for a person to be elected validly as regional prior vicar provincial, it is required that:
      1. he be thirty years old and ten years from first profession; 
      2. he has not been regional prior vicar provincial in the same region vicariate for the two four-year terms commissions immediately preceding.
    2. If any brother cannot be elected because of the lack of one or more of the conditions mentioned in § I, 1 and 2, the brothers may postulate him to the prior provincial who may dispense from the interstices and make provision according to n. 467.
  • 479 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 316
    • Secunda ACG 2019 Biên Hòa n. 416
    • Definitive ACG 2022 Tultenango n. 357
    Revision history
    1. Without prejudice to n. 443, for a person to be elected validly as regional prior vicar provincial, it is required that:
      1. he be thirty years old and ten years from first profession; 
      2. he has not been regional prior vicar provincial in the same region vicariate for the two four-year terms commissions immediately preceding.
    2. If any brother cannot be elected because of the lack of one or more of the conditions mentioned in § I, 1 and 2, the brothers may postulate him to the prior provincial who may dispense from the interstices and make provision according to n. 467.
  • 479 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 316
    • Secunda ACG 2019 Biên Hòa n. 416
    • Definitive ACG 2022 Tultenango n. 357
    Revision history
    1. Without prejudice to n. 443, for a person to be elected validly as regional prior vicar provincial, it is required that:
      1. he be thirty years old and ten years from first profession; 
      2. he has not been regional prior vicar provincial in the same region vicariate for the two four-year terms commissions immediately preceding.
    2. If any brother cannot be elected because of the lack of one or more of the conditions mentioned in § I, 1 and 2, the brothers may postulate him to the prior provincial who may dispense from the interstices and make provision according to n. 467.

480

  • 480 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 317
    • Secunda ACG 2019 Biên Hòa n. 417
    • Definitive ACG 2022 Tultenango n. 358
    Revision history
    1. It is for the statute of the provincial vicariate for the provincial council or the regional council to determine whether the voters must come together specially to hold the election or may vote by post.
    2. If the election is carried out in a special assembly:
      1. the president and the place of the election shall be as in n. 477;
      2. in the actual process of the election, n. 464 shall be observed (see Appendix n. 18).
    3. If, however, the voters cannot gather together conveniently, the following norms in n. 455-bis shall be used.  
      1. within the time determined by the president (n. 477, § II), each voter shall write his vote on a ballot-paper in accordance with n. 452, 6;  
      2. then, after placing the ballot-paper in an envelope, he shall write in his own hand his name and place of residence on the envelope and seal it carefully. After that, he shall enclose the first envelope in another envelope and send it to the president with a special marking so that it can be easily recognized.
    4. When the time determined for receiving ballot-papers has elapsed, the president with the regional council counters shall conduct the count in accord with n. 455-bis §II and according to the following norms:
      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 voters and of envelopes is compared; 
      3. the envelopes are opened and burned before the ballots are unfolded; 
      4. the votes are then examined in accordance with n. 452, 9, 10, 11;
      1. 5. if the majority required for election or postulation is obtained, a decree of election shall be drawn up by the president, and an authentic document of the election shall be prepared and sent to the prior provincial in accordance with n. 453, § I (see Appendix n. 24). All the voters shall be notified by letter of the result of the election;
        6. if, however, an absolute majority is not obtained in the first ballot, the president with the council shall fix the time for holding a new and final ballot; and shall inform by letter both the prior provincial and the voters of all that has taken place;
        7. a provincial chapter, however, may determine that a third or even a fourth ballot may be held if in the second or third an absolute majority is not obtained;
      2. 8. if in the final ballot, whether it is the second (n. 455-bis § II, 6: or the third or the fourth (n. 455-bis § II, 7), an absolute majority is not obtained, it devolves upon the prior provincial to make provision for the office (see n. 464).
  • 480 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 317
    • Secunda ACG 2019 Biên Hòa n. 417
    • Definitive ACG 2022 Tultenango n. 358
    Revision history
    1. It is for the statute of the provincial vicariate for the provincial council or the regional council to determine whether the voters must come together specially to hold the election or may vote by post.
    2. If the election is carried out in a special assembly:
      1. the president and the place of the election shall be as in n. 477;
      2. in the actual process of the election, n. 464 shall be observed (see Appendix n. 18).
    3. If, however, the voters cannot gather together conveniently, the following norms in n. 455-bis shall be used.  
      1. within the time determined by the president (n. 477, § II), each voter shall write his vote on a ballot-paper in accordance with n. 452, 6;  
      2. then, after placing the ballot-paper in an envelope, he shall write in his own hand his name and place of residence on the envelope and seal it carefully. After that, he shall enclose the first envelope in another envelope and send it to the president with a special marking so that it can be easily recognized.
    4. When the time determined for receiving ballot-papers has elapsed, the president with the regional council counters shall conduct the count in accord with n. 455-bis §II and according to the following norms:
      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 voters and of envelopes is compared; 
      3. the envelopes are opened and burned before the ballots are unfolded; 
      4. the votes are then examined in accordance with n. 452, 9, 10, 11;
      1. 5. if the majority required for election or postulation is obtained, a decree of election shall be drawn up by the president, and an authentic document of the election shall be prepared and sent to the prior provincial in accordance with n. 453, § I (see Appendix n. 24). All the voters shall be notified by letter of the result of the election;
        6. if, however, an absolute majority is not obtained in the first ballot, the president with the council shall fix the time for holding a new and final ballot; and shall inform by letter both the prior provincial and the voters of all that has taken place;
        7. a provincial chapter, however, may determine that a third or even a fourth ballot may be held if in the second or third an absolute majority is not obtained;
      2. 8. if in the final ballot, whether it is the second (n. 455-bis § II, 6: or the third or the fourth (n. 455-bis § II, 7), an absolute majority is not obtained, it devolves upon the prior provincial to make provision for the office (see n. 464).
  • 480 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 317
    • Secunda ACG 2019 Biên Hòa n. 417
    • Definitive ACG 2022 Tultenango n. 358
    Revision history
    1. It is for the statute of the provincial vicariate for the provincial council or the regional council to determine whether the voters must come together specially to hold the election or may vote by post.
    2. If the election is carried out in a special assembly:
      1. the president and the place of the election shall be as in n. 477;
      2. in the actual process of the election, n. 464 shall be observed (see Appendix n. 18).
    3. If, however, the voters cannot gather together conveniently, the following norms in n. 455-bis shall be used.  
      1. within the time determined by the president (n. 477, § II), each voter shall write his vote on a ballot-paper in accordance with n. 452, 6;  
      2. then, after placing the ballot-paper in an envelope, he shall write in his own hand his name and place of residence on the envelope and seal it carefully. After that, he shall enclose the first envelope in another envelope and send it to the president with a special marking so that it can be easily recognized.
    4. When the time determined for receiving ballot-papers has elapsed, the president with the regional council counters shall conduct the count in accord with n. 455-bis §II and according to the following norms:
      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 voters and of envelopes is compared; 
      3. the envelopes are opened and burned before the ballots are unfolded; 
      4. the votes are then examined in accordance with n. 452, 9, 10, 11;
      1. 5. if the majority required for election or postulation is obtained, a decree of election shall be drawn up by the president, and an authentic document of the election shall be prepared and sent to the prior provincial in accordance with n. 453, § I (see Appendix n. 24). All the voters shall be notified by letter of the result of the election;
        6. if, however, an absolute majority is not obtained in the first ballot, the president with the council shall fix the time for holding a new and final ballot; and shall inform by letter both the prior provincial and the voters of all that has taken place;
        7. a provincial chapter, however, may determine that a third or even a fourth ballot may be held if in the second or third an absolute majority is not obtained;
      2. 8. if in the final ballot, whether it is the second (n. 455-bis § II, 6: or the third or the fourth (n. 455-bis § II, 7), an absolute majority is not obtained, it devolves upon the prior provincial to make provision for the office (see n. 464).

481

  • 481 (provisional)
    ordination
    • Acceptata ACG 2022 Tultenango n. 360
    Revision history
    1. Regarding the confirmation or cassation of the election of a vicar provincial and his acceptance, the norms in nn. 465-473 are to be observed.
    2. The right of instituting a vicar provincial devolves to the prior provincial, respecting n. 373,1°:
      1. when the vicariate, at the time of a vacancy of the provincial vicar, does not have the conditions referred to in n. 384 §I; then, however, in the institution of a vicar, the vocals of the convents of the vicariate should be heard according to the norm of the vicariate statutes;
      2. when all the vocals have renounced their voices they should not be restored by the prior provincial;
      3. when, for whatever reason whatsoever within six months from a known vacancy, the vicar provincial has not been elected or postulated;
      4. when in the process of an election in a special gathering there have been seven unsuccessful ballots (cf. n. 480, §II, 2°);
      5. when in the process of an election by letters there have resulted two unsuccessful ballots (cf. n. 480 §IV, 2°), or three or four if the provincial chapter has so determined (cf. n. 455-bis §II, 7°);
      6. when the brethren, the first election having been cassated, elect the same brother again, unless the first election was cassated just because of procedure and not because of the person elected;
      7. when two or at most three elections have been taken and confirmed by the prior provincial but not accepted by the one elected; then, indeed, after the second election the prior provincial may, and after the third ought to appoint a vicar provincial.
    3. If the prior provincial does not appoint a vicar provincial within a month of his being informed that it falls to him to do so, the right of providing for a vicar provincial devolves to the Master of the Order.
  • 481 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 319
    • Secunda ACG 2019 Biên Hòa n. 418
    • Definitive ACG 2022 Tultenango n. 359
    Revision history
    1. For the confirmation or cassation of the elec­tion of a regional prior and its acceptance, nn. 465-473 shall be observed.
    2. The right of appointing a regional prior devolves upon the prior provincial without prejudice to n. 373, 1:
      1. when at the time of the vacancy in the office of regional prior, the vicariate does not have the conditions described in n. 384; then, however, nn. 483 and 484 must be observed in the appointment of a vicar;
      2. when all the voters have renounced their voice and have not 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 vacancy becoming known;
      4. when in the course of the election there have been seven inconclusive ballots (see n. 480, § II, 2);
      5. when the brothers elect the same brother again after the first election has been cassated, unless the sole reason for the cassation of that election was defect of form and not the person elected;
      6. when there have been two or, at most, three elections confirmed by the prior provincial but not accepted by those elected, then after the second election the prior provincial may and after a third, must, appoint a regional prior. 
  • 481 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 319
    • Secunda ACG 2019 Biên Hòa n. 418
    • Definitive ACG 2022 Tultenango n. 359
    Revision history
    1. For the confirmation or cassation of the elec­tion of a regional prior and its acceptance, nn. 465-473 shall be observed.
    2. The right of appointing a regional prior devolves upon the prior provincial without prejudice to n. 373, 1:
      1. when at the time of the vacancy in the office of regional prior, the vicariate does not have the conditions described in n. 384; then, however, nn. 483 and 484 must be observed in the appointment of a vicar;
      2. when all the voters have renounced their voice and have not 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 vacancy becoming known;
      4. when in the course of the election there have been seven inconclusive ballots (see n. 480, § II, 2);
      5. when the brothers elect the same brother again after the first election has been cassated, unless the sole reason for the cassation of that election was defect of form and not the person elected;
      6. when there have been two or, at most, three elections confirmed by the prior provincial but not accepted by those elected, then after the second election the prior provincial may and after a third, must, appoint a regional prior. 
  • 481 (provisional)
    ordination
    • Acceptata ACG 2016 Bologna n. 319
    • Secunda ACG 2019 Biên Hòa n. 418
    • Definitive ACG 2022 Tultenango n. 359
    Revision history
    1. For the confirmation or cassation of the elec­tion of a regional prior and its acceptance, nn. 465-473 shall be observed.
    2. The right of appointing a regional prior devolves upon the prior provincial without prejudice to n. 373, 1:
      1. when at the time of the vacancy in the office of regional prior, the vicariate does not have the conditions described in n. 384; then, however, nn. 483 and 484 must be observed in the appointment of a vicar;
      2. when all the voters have renounced their voice and have not 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 vacancy becoming known;
      4. when in the course of the election there have been seven inconclusive ballots (see n. 480, § II, 2);
      5. when the brothers elect the same brother again after the first election has been cassated, unless the sole reason for the cassation of that election was defect of form and not the person elected;
      6. when there have been two or, at most, three elections confirmed by the prior provincial but not accepted by those elected, then after the second election the prior provincial may and after a third, must, appoint a regional prior. 

483

484