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497

  1. Without prejudice to n. 491, § II, and with the exception of those who in accordance with n. 352, § I and § III are already represented, the following elect a delegate to a provincial chapter, provided they enjoy active voice (see nn. 440 and 441):
    1. brothers directly assigned to houses of the province;
    2. unless the provincial statute stipulate otherwise, brothers directly assigned to houses or convents under the immediate jurisdiction of the Master of the Order, always excepting those who belong to the general council;
    3. brothers indirectly assigned outside the province, pro­vided they are not superiors;
    4. brothers assigned to convents for which an agreement has been reached in accordance with n. 391, 4 and 5, provided that they are not conventual priors.
  2. Given the requirements of n. 490, § I concerning the number of voters required for the election of the socius of a prior, other voters living outside the convent who for a grave reason cannot participate in the election of the socius in the convent of their assignation (see n. 491) shall be joined to a specified electoral college by the prior provincial with his council.
  3. Given the requirements of n. 443, § I, all the brothers who have active voice in the election of a delegate are also eligible from the same college to which they belong.
Constitution
Published on

467

  1. Having consulted brothers of sound judgement from outside the community, the prior provincial may confirm or cassate an election and accept or reject a postulation, if he judges that the good of the Order demands this, even if the election has been carried out according to law; he shall not, however, defer his decision any longer than is necessary.
  2. If it seems to the prior provincial that the legitimate postulation should be confirmed, he himself shall have recourse to the Master of the Order for a dispensation; having obtained it, he may confirm the one postulated in accordance with § I.
Constitution
Published on

455-ter

  1. If our laws provide for an election by letter (cf. n. 455-bis), it also permits an election through electronic instruments.
  2. It pertains to the prior provincial with the consent of his council to discern if the election should proceed by letters or through electronic instrument, and to choose the electronic instrument which is fitting and of good repute.
  3. An election through electronic instruments proceeds according to the following norms:
    1. the presider sends to all the vocals instructions for accessing the electronic instrument chosen;
    2. within the time established by the presider, each vocal should submit his ballot according to the received instructions;
    3. When the time determined for the balloting has expired, the presider certifies its ending in the presence of the Provincial Council or of the two counters approved by the Council;
    4. it proceeds in accord with n. 455-bis, § II, 5°, 6° and 7°.
  4. For the validity of an election through electronic instruments it is necessary that:
    1. no vocal be excluded from the election because of the instrument chosen;
    2. no brother having passive voice be excluded from the election of vocals because of the instrument chosen;
    3. it be made certain that only the vocals cast a ballot, and no vocals cast multiple ballots;
    4. the ballots of the individual vocals remain secret.
  5. It pertains to the provincial chapter to establish other norms for elections through electronic instruments.
Ordination
Published on

434

The postulator general for causes of beatification and canonization:

  1. discharges his office in accordance with the norms es­tablished by the Holy See and the statute approved by the Master of the Order;
  2. presents reports to each general chapter on the state of each cause.
Ordination
Published on

409

The following are assembled and have votes in a general chapter of priors provincial:

  1. the Master of the Order;
  2. ex-Masters of the Order;
  3. each prior provincial;
  4. each vice-provincial and vicar general;
  5. delegates of the vicariates chosen from regional priors and vicars provincial in accordance with n. 409-bis;
  6. one delegate from among the brothers assigned under the immediate jurisdiction of the Master of the Order if the total is less than one hundred, two if the total is one hundred or more, elected in accordance with n. 409-ter.
Constitution
Published on

408

The following are assembled and have votes in a general chapter of diffinitors:

  1. the Master of the Order;
  2. ex-Masters of the Order;
  3. diffinitors elected by each province;
  4. delegates elected by each vice-province and general vicariate;
  5. delegates of other vicariates, chosen in accordance with n. 409-bis, but excluding regional priors and vicars provincial;
  6. one delegate from among the brothers assigned to convents under the immediate jurisdiction of the Master of the Order if the total is less than one hundred, two if the total is one hundred or more, elected in accordance with n. 409-ter.
Constitution
Published on

271

  1. A general chapter or the Master of the Order may freely assign brothers to any province or convent.
  2. A provincial chapter or a prior provincial may make assignations within their own province.
  3. A provincial chapter or a prior provincial may assign a brother from another province to theirs, with the consent of the provincial chapter or of the prior provincial of the province of affiliation, the Master of the Order having been informed.
  4. A brother who in accordance with § I or § III has been assigned to a province also needs to be assigned to a specific convent as soon as possible.
  5. Direct or indirect assignations by reason of study must be made in writing (see Appendix, n. 13).
Ordination
Published on

270

  1. Assignation is the appointment of a brother to a province or to a specific convent with all rights and obligations unless it is clearly stated otherwise.
  2. Assignation is either direct (simply made), or indirect by reason of office or of studies.
  3. Assignation outside one’s own province for the purpose of study does not entitle one to a vote in elections. The prior provincial of the province of assignation, with the previous consent of the prior provincial of the province of affiliation, determines other rights and obligations of the brother assigned by reason of study, without prejudice to n. 208.
  4. Assignation by reason of office applies only to superiors; that made by reason of study applies only to students outside their province.
  5. Every brother needs a direct assignation to a specific convent from the time of first profession, which assignation of itself has no time limit. An indirect assignation lasts only for as long as the office. As for the duration of an indirect assignation by reason of study, that is determined by the prior provincial of the province of assignation, with the consent of the prior provincial of the province of affiliation. When the time of indirect assignation has elapsed, the direct, or simple, assignation revives.
Constitution
Published on