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Ordination

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ordinatio

473

  1. The letter by which an election is cassated or a postulation is rejected or it is announced that a refusal has been allowed, shall be sent to the person who presided over the election, and he shall be informed if a new election shall take place (see Appendix, n. 22).
  2. When this letter is received, if a new election is to be held, the president must convoke the electors within a month, in accordance with n. 461.
  3. The new election shall be held under the presidency of the subprior or the brother already elected in accordance with n. 463, with the same secretary and tellers as in the preceding election and observing the same procedure except for the obligation to celebrate the Mass of the Holy Spirit.
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472

When turning down an election or postulation, the prior provincial shall always state expressly in writing that he is cassating the aforesaid election or postulation (see Appendix n. 22); otherwise, the voters cannot proceed to a new election.

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470

  1. The one elected shall sign in his own hand his acceptance or refusal on the letter of confirmation itself, and shall indicate the date; this shall be done before two witnesses who shall also sign the letter.
  2. If he refuses, he shall explain the reasons for his refusal to the prior provincial.
  3. One who refuses or who, within five days of receiving the letter of confirmation, has not accepted, loses every right resulting from the confirmation.
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468

Before confirming an election, the prior provincial is obliged to seek the consent:

  1. of the Master of the Order if the one elected or postulated is assigned to a convent subject to the immediate jurisdiction of the Master of the Order;
  2. of the prior provincial of the province of assignation if the one elected or postulated is assigned in another province (cf. 270 § I); and also of the prior provincial of the province of affiliation, if he is assigned outside the province of his affiliation.
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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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