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499

  1. It is the task of the provincial council or the re­gional council to determine for each electoral college whether the voters must come together specially to hold the election or vote by post.
  2. If the election is to be held in a special assembly:
    1. the president and place of the election shall be deter­mined by the provincial or regional council;
    2. in the actual election, nn. 452 and 494, § III IV shall be observed;
    3. after the election of a delegate, provision shall be made in the same manner for electing a substitute in case of neces­sity.
  3.  If, however, the voters cannot gather together con­veniently, the election is held according to the following norms:
    1. each voter shall write his vote on a ballot-paper and send it in a double envelope to the prior provincial or regional prior in accordance with n. 480, § III;
    2. when the time fixed for receiving ballot-papers has elapsed, the prior provincial or the regional prior with his council shall carry out the count according to the norm n. 480 § IV, 1-4;
    3. if the majority required for election is obtained, all voters shall be informed by letter of the result of the election;
    4. if, however, an absolute majority is not obtained in the first ballot, the prior provincial or regional prior with his council shall proceed according to n. 480, § IV, 6, and 7. In the final ballot, whether it is the second (n. 6), third or fourth (n.7), only those two may be presented who achieved the greater number of votes in the preceding ballot, and n. 450, § III must be observed.
    5. in the event of a delegate being incapacitated, the substitute shall be the one who in the final ballot obtained the second highest number of votes, and n. 450, § III, must be observed.
Ordination
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

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
In fieri:
No
Valere coepit:
Primo promulgata:

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 superiors 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
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

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
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

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
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

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
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

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
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

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
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata:

388

The officials of a regional vicariate shall be appointed as laid down in the statute.

Ordination
In fieri:
No
Valere coepit:
Primo promulgata:

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.
  5. Direct or indirect assignations by reason of study must be made in writing (see Appendix, n. 13).
Ordination
In fieri:
No
Substitutum:
Valere coepit:
Primo promulgata: