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463

The subprior in capite shall preside over the election or, if there is no subprior, a brother from among the electors, elected in a single ballot by the voters, unless the prior provincial chooses to preside himself or to appoint a delegate to do so.

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462

If, however, four days after receiving notice of the vacancy in the priorship, the subprior in capite or the president is unwilling to assemble the voters (see n. 461, § I), this having been requested by a majority of them, the voter who is oldest in the Order shall convoke them. If he fails to call the meeting, the next oldest shall do so, and so on.

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458

  1. Brothers who by reason of their work have habitual residence outside the convent of their assignment do not have voting rights in the election of a prior except after their definitive return. (See Appendix 19)
  2. For other cases of lengthy absence or notable distance of the brothers from the convent of their assignment, the provincial chapter shall determine the conditions under which those brothers may take part in the election of a prior (see n. 336.)
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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 it should be clear that only the vocals voted, and, indeed, each one only once;
    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.
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455-bis

  1. If our laws so provide, election through letters can take place according to the following norms:
    1. within the time determined by the president, 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 another inscription so that it may easily be recognized.
  2. When the time determined for the reception of the ballots has elapsed, the president [praeses] with the provincial council or with two counters approved by the council should make the count.
    1. when all the envelopes have been opened before the council or counters, the names of the electors written on the enclosed envelopes are examined to see if each of them has the required conditions for active voice; if anyone does not, the ballot is considered null and void;
    2. the number of vocals and envelopes is compared
    3. the envelopes are opened and destroyed before the ballots are unfolded;
    4. the ballots are examined in accord with n. 452, 9°, 10°, 11°;
    5. if the majority for election or required for postulation is obtained, then the decree of election is drawn up by the one presiding, and the authentic instrument of election is prepared. All the vocals are to be enformed of the outcome of the election;
    6. if, however the absolute majority is not obtained in the first ballot, the presider should determine the time for a new and final ballot, and notify all the vocals of all that has taken place;
    7. a provincial chapter, however, can determine whether to proceed to a third or even a fourth ballot, if in the second or third an absolute majority has not yet been obtained.
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455

The letter of confirmation shall not be sent to the one elected or postulated but to his superior or to another brother who will give it to him.

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453

  1. When an election needs confirmation, a report of the election shall be drawn up in duplicate as a formal document. In it the various ballots shall be noted and, also if there were objections against the validity of the election provided they were made at the proper time (see n. 452, 3, 12, and 15). One copy shall be sent to the one who is to give the confirmation; the other shall be preserved in the conventual or provincial archives (see Appendix n. 18).
  2. When, however, an election does not need confirmation, one copy of the report of the election signed in the aforesaid manner shall be given to the person 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. 26, 27, 30.)
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452

The following is the procedure for the election of superiors:

  1. the electors shall meet at the appointed time and place and invoke the Holy Spirit; the president, tellers and secretary shall take the oath to fulfil their duty faithfully and, even after the election is over, to observe secrecy about the transactions in the sessions;
  2. the secretary shall call 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 voter must then be raised;
  4. the president shall remind the voters that no one may validly vote for himself;
  5. the ballot papers are distributed by the secretary, and voters write 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 any voter 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 may authorize someone else to write his vote, or he may even by word of mouth declare his vote to the tellers: they should immediately write it down;
  7. the tellers and then the voters, one by one, beginning with the seniors, place their folded ballot-papers in an open container;
  8. the ballots are counted by the tellers. If their number does not exceed the number of voters, they are then opened; otherwise, they shall be destroyed immediately, and the electors shall fill in a new ballot-paper;
  9. the tellers read the ballot-papers and tabulate the votes;
  10. the tellers compare their tabulations and after they have found them in agreement, the ballot-papers are destroyed;
  11. then the president reads out in a clear voice the names of each one who has received a 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 election process may be interrupted between ballots, but the last ballot 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 is drawn up and signed by the president, the tellers, and the secretary.
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451

In the election of superiors, on the day of the election itself or on the preceding day, the Mass of the Holy Spirit shall be celebrated in accordance with the rubrics.

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448

  1. In every election there must be a president, a secretary, and at least two tellers.
  2. 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 ballot at the first meeting of the election. He may be elected from the brethren who are not members of the chapter, and he may be given an assistant and a substitute elected in the same manner.
  3. 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 minutes of the chapter.
  4. In the same meeting or at the beginning of the elective session, tellers shall be elected from among the voters by a secret vote, in a single ballot and all at once.
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