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Constitution

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constitutio

459

  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.
Constitution
In fieri:
No
Valere coepit:
Primo promulgata:

457

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.

Constitution
In fieri:
No
Valere coepit:
Primo promulgata:

456

  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.
Constitution
In fieri:
No
Valere coepit:
Primo promulgata:

454

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.

Constitution
In fieri:
No
Valere coepit:
Primo promulgata:

450

  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.
Constitution
In fieri:
No
Valere coepit:
Primo promulgata:

449

  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.
Constitution
In fieri:
No
Valere coepit:
Primo promulgata:

447

  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.
Constitution
In fieri:
No
Valere coepit:
Primo promulgata:

446

  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.
Constitution
In fieri:
No
Valere coepit:
Primo promulgata:

445

  1. For every election, all voters must be convoked by him who has the right to preside over the election. In the convocation itself, the time and place for holding the election shall be indicated. Failure to convoke does not impede an election, if those who were overlooked are present in any case, provided CCL 166 § 3, is observed.
  2. An election shall be held within the time prescribed for each office, and when that time has elapsed without having being availed of, the right of election is lost and it is for the competent superior to see to the filling of the vacancy.
Constitution
In fieri:
No
Valere coepit:
Primo promulgata:

443

  1. For a person to have passive voice, he must already have active voice, unless another arrangement has been made.
  2. When it is a question of the election of superiors, in order for one to be elected or postulated, it is also required:
    1. that he be a priest;
    2. that he be solemnly professed for three years;
    3. that he have the Order’s approval for hearing confessions.
Constitution
In fieri:
Yes
Primo promulgata: