Constitution

The socius of a conventual prior going to a provincial chapter is the brother elected by a convent to have a vote in the provincial chapter.

Without prejudice to n. 373, 1, the right of appointing a conventual prior (see Appendix, n. 23) devolves upon the prior provincial:

1. when a convent, at the time of a prioral vacancy, does not have the conditions mentioned in n. 260; if it fulfils those conditions but one or more of the voters will not or cannot cast their vote, then one voter is sufficient to carry out an election legitimately provided he waits until the last day of a month;
2. when all the voters have renounced their vote and have not been reinstated by the prior provincial;
3. when the voters have not elected or postulated within a month of coming to know of the prioral vacancy, or of the cassation or non-acceptance of the previous election;
4. when, three months have elapsed from the prioral vacancy, the convent, for any reason whatsoever, still does not have a confirmed prior, without prejudice to 302, § II.
5. when in the process of election there have been seven inconclusive ballots;
6. when the voters elect the same brother again after the first election has been cassated, unless that election was cassated only because of a defect of form and not because of the person elected;
7. when there have been two or at most three elections confirmed by the prior provincial and not accepted by those elected, then after the second election the prior provincial may, and after the third, he must, appoint a prior.

The letter of confirmation and of acceptance shall be read in the presence of the community. Then, when the profession of faith has been made by the person elected (see Appendix n. 21), he is understood to have taken possession of the office of prior (see n. 301).

1. One who is elected prior may accept or refuse his election (see n. 466); but the prior provincial may command him, even under formal precept, to accept the burden of priorship.
2. A prior actually in office cannot be forced to accept the priorship of another convent.

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 admitted, 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.

The person elected must not be informed nor may he accept or refuse his election before it has been confirmed.

The election of a conventual prior must be confirmed by the prior provincial, or by the regional prior if it concerns a brother assigned to a regional vicariate and elected for a convent in that vicariate, unless the statute of the vicariate provides otherwise (see Appendix, n. 20).

1. An election may not be extended beyond seven ballots. Even in the last ballot an absolute majority is required, and if it is not obtained, the prior provincial must provide for
   the office. However, if there is a question of postulation, n. 450, § IV, shall be observed.
2. The election is to be carried out according to nn. 451- 452.

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.