Constitution

1. With due regard for n. 302, § II, when a priorship falls vacant the subprior in capite, or the president appointed by the prior provincial, shall convene the voters as soon as possible
   so that together:
   1. they shall determine the date and the hour of the election so as to ensure that those who are absent may easily arrive in time, without however going beyond a month;
   2. they shall review the list of voters. If a doubt should arise, however, about the right of any brother (see n. 447, § II), the matter shall be referred to the prior provincial who shall resolve it;
   3. they shall determine whether a discussion is to be held on the choice of brother to be elected.
2. When the time of the election has been decided, each of the voters, even those who are absent, shall be summoned by the subprior or by the president.
3. If the convocation was made in the prescribed manner and nevertheless does not reach an elector, he cannot be described as neglected; but it is the duty of the one who made the convocation to show that he did so in the prescribed manner.

1. If a brother is ineligible because of any of the impediments listed in n. 459, § II, the voters may postulate him from the competent superior – in other words, from the person who can confirm the election.
2. A brother thus postulated and instituted, having accepted the office and taken possession of it, is thereby relieved of any incompatible office unless he has been dispensed by the Master of the Order.

1. To be elected a conventual prior a brother must be prudent, charitable, and zealous for regular observance and the apostolate.
2. Besides the conditions mentioned in n. 443, for an election to be valid it is required:
   1. that he has not been prior in that convent for the two successive three-year terms immediately preceding the election;
   2. that he does not actually exercise the office of visitator general, regent of studies, moderator of the centre of institutional studies, master of novices or of student brothers.

To have active voice in the election of a prior, besides the conditions mentioned in nn. 439 and 440 and excepting n. 458, one must be directly assigned to the convent where the election is to take place.

1. An election is null:
   1. if more than a third of the electors have not been summoned (see n. 445, § I);
   2. if someone outside the college has been admitted deliberately;
   3. if someone who lacks active voice has been admitted and it is established that without his vote the one elected would not have received the required number of votes;
   4. if in a ballot it is found that the number of votes exceeds the number of voters;
   5. if anyone votes for himself and without that vote, invalidly cast as it was, would not have received a majority of the votes.
2. If any of the voters is overlooked and was therefore  absent, the election is valid. However, at his insistence and given proof of the oversight and absence, the election should be declared null and void by the competent superior even after confirmation, provided it has been established juridically that recourse had been made at least within three days from receiving notice of the election.

He who confirms an election intends to remedy all defects and, in the case of postulation, to dispense from all impediments which are within his power.

1. When a ballot has been legitimately conducted, that brother shall be considered elected who has obtained an absolute majority, that is, a majority that exceeds half the number of votes without counting null and void votes.
2. To obtain this majority, several ballots may be conducted, but unless it is otherwise determined, the election is terminated with the third ballot, in which a relative majority
   suffices.
3. If an election in which a relative majority suffices is terminated when the votes are tied, the brother who is older in the Order shall be deemed elected.
4. When there is question of a postulation, at least twothirds of the votes are always required. (see CCL, 181, § 1 and LCO 297-bis). In cases where, in the final ballot, according to our laws, only two candidates are deemed eligible and one needs postulation but lacks two-thirds of the votes, the other is elected.

1. Every form of voting by proxy is excluded, and only the electors present may cast a vote.
2. Every election is carried out by way of a ballot by secret votes written on voting papers and, indeed, written by the electors themselves. Our legislation excludes election by compromise. 1
3. For a vote to be valid, it is required that it be free, secret, certain, determined, and absolute. (See CCL 172, § 1.) 
4. According to our law, no one may validly vote for
   himself.

1. An elector, who knows for certain that he has the right to elect and that convocation has taken place is obliged to attend the election even if he was not summoned.
2. Doubtful electors, even coming of their own accord, must be admitted to the election, but under protest.

1. Since the right to elect is principally for the public good of the Order, all electors are obliged to obey the convocation.
2. He who, without a just cause approved by the major superior, abstains from voting in an election of superiors is deprived of a vote in any election whatever for a full year, counting from the date of the aforesaid abstention.