Rites: Order of Election of a Prelate

Approved by the 1988 General Chapter of the Canons Regular of Premontre and promulgated by the Definitory of the Order in their April 1989 meeting

This ordo of election concerns the juridical procedure by which a canonry chapter of the Norbertine Order collegially chooses a suitable religious for the office of prelate of the canonry.

Particularly in regard to the election of a prelate, there must always be kept in mind the distinction between the president of the election and the president of the collegial body:

In electing a prelate, mere observance of juridical norms does not suffice; above all, the confreres must invoke the assistance of the Holy Spirit.

Const. 112 states: "Each canonry shall determine at what time antecedent to the election the canonry chapter shall decide on the length of term of office and the age limit at which retirement shall be mandatory.

The precise moment before the election when the canonry chapter shall make these decisions is to be determined according to one of the following four methods:

b) The prelate, acting collegially with his council, may place the matter on the agenda of the canonry chapter.

c) The prelate, acting collegially with his council, can decide more precisely whether, in a particular case, the consent of the canonry chapter is required or whether the chapter is only to be heard.

d) A fourth part of the perpetually professed members of the canonry may always ask that the canonry chapter be convened to treat this matter. (Protocol, General Chapter, 1976, p. 95).

As for the duration of the future prelate's tenure, Constitutions 111 indicates that it is the right of the canonry chapter "to determine by collegial act not only whether the prelate shall be elected for life or for a term of office but also in either case at which age he must offer his resignation. If the term of office is preferred, the chapter itself shall decide the number of years which ordinarily will not be more than twelve years nor less than six years. When the predetermined term of office has been reached, he may be immediately re-elected."

The first question is: Whether the prelate will be elected for life or for a term of office (as for determining the age limit for either case, see below 2.4.).

The other related question which must be determined is the following: "If a termed office for the prelate is preferred, for how many years should the term be?

Concerning the age at which the prelate to be elected must offer his resignation.

It is to be noted that the office of prelate is not automatically vacated upon reaching the age limit. The prelate who intends to resign upon attaining the pre-determined age must offer his resignation to the abbot general, who, taking into due consideration the particular case, will make provision according to the terms of Constitutions 112.2.

The question to be decided upon is: Upon the attainment of which age is the prelate to be elected obliged to offer his resignation from office to the abbot general?

In collegially arriving at these decisions within its competency, the canonry chapter can establish its own method of proceeding according to nn. 98 and 102 of the Constitutions (cf. note 1 to Const. 96). Where the particular procedure of the canonry chapter for collegial acts other than elections allows the use of mandates or voting by mail, members who vote in such a way are to be considered as being present (ibid).

In so far as the proper procedure of the canonry chapter does not specify otherwise, in making these decisions, there is required for validity:

After two ballots, the president can break a tie by casting an additional vote of his own. If he does not wish to break the tie, then nothing is decided and the voting must continue.

If the question concerns more than two possibilities, then on the third ballot a relative majority is sufficient (cf. ibid.).

The college's own president presides at the session of the canonry chapter during which these decisions are made.

At the expiration of the predetennined term of office for a prelate elected "ad tempus" (it is not required however that the successor also be elected for a term): in this case "all must be prepared in due time, so that on the day itself when the determined length of office has expired according to can. 203, the election takes place immediately. For a just cause it can be anticipated, but not beyond six months, in which case the election takes effect when the office is vacant, that is, when the determined time has elapsed. If because of ajust cause an election is delayed, it cannot be beyond three months, and the newly elected assumes the office immediately after he is confirmed, with no intervening vacancy" (Const. 2A9.3). "In anticipating or delaying the election there is required the collegial decision of the prelate and his council" (Const. 1 18.1 1).

In whatever case, an election in a canonry not yet vacant is ipso facto invalid (cf. can. 153.1). Moreover, if the prelate's office was for a term, even if with a determined age limit, then not only making provision for the office but even "convocation of the electors before the office is vacant has no juridical effect" (Const. 249.2). Once a canonry is legitimately vacant, "the election is not to be deferred beyond three months of available time from the receipt of the notice of vacancy of the office" (can. 165).

However, in order to delay any election of a prelate beyond three months, there must be a collegial decision by the prelate and the council as well as the consent of the abbot general.

Otherwise, if the period of three months has passed without action, then the abbot general or the abbot founder can freely provide for the office of the vacant prelate (cf. can. 165).

"To be eligible for election as prelate, a priest must be thirty years old and perpetually professed as a member of the Order for at least five years. He should be endowed with those qualities which would make him suitable to govern the canonry for which he is elected" (Const. 110)

A candidate, who has not been perpetually professed for five years in our Order, or who has not yet attained thirty years of age, or who on the day of election surpasses the age limit established by the canonry chapter but who is endowed with the other qualities, may be postulated. For a valid postulation at least a two thirds majority of the votes is always required, including invalid votes. If, by the third ballot, the one to be postulated has not yet received this majority, he is deprived of passive voice in the fourth ballot. The president of the election is to judge whether there is to be immediately a fourth ballot or if a new election is to be begun, excluding the person being postulated.

If a candidate is postulated who has not yet been perpetually professed for five years in our Order, the abbot general can seek a dispensation from the Holy See; in the other two cases cited, he can grant this on his own. Within the course of the election the age limit duly set by the canonry chapter before the election can never be changed.

A candidate, endowed with the required qualities found in Const. 110 who belongs to another canonry, can be simply elected.

Accordingly, if the electors are given a ballot listing the names of the confreres of the canonry who enjoy passive voice, then there must always be provided a place for choosing a confrere from another canonry or for postulating a candidate.

Note: A religious bishop lacks both active and passive voice in his institute (cf. Acta Apostolicae Sedis 78 (1986) 1384; during the term of the abbot general, his active and passive voice is suspended in the house of his profession or in the canonry which he previously governed (cf. Const. 202).

The day of the election is indicated to the electors by the president of the college, who is either the prelate elected for a term (as the predetermined time approaches expiration) or the prior administrator or the administrator ad nutum (cf. Const 249.1)

All confreres incorporated into the canonry through perpetual profession must be convoked.

"If one of those to be convoked is overlooked and is therefore absent, the election is valid; however, upon the insistence of such a one and after proof of the oversight and absence, the election, even if it has been confirmed, must be rescinded by the competent authority, provided that it has been juridically established that recourse was made within at least three days of receipt of the notice of election.

But if more than one third of the electors were overlooked, the election is invalid by the law itself, unless all those overlooked were in fact present." (can. 166, 2-3)

Among the members of the canonry chapter, however, some are not to be convoked. Those ineligible to vote are:

Electors must always be convoked in the usual and public manner, either by letter or public notice. "The notice of convocation when it must be communicated to each member personally, is valid if it is directed to the place of domicile or quasi-domicile or actual residence" (can 166.1; cf. can. 103). It is necessary that the one convoking the election be able to prove the convocation of each elector (cf. above 5.2.2.).

The place, day, and hour of the election must be clearly indicated in the action of convocation. Confreres legitimately impeded are to communicate to the president of the election, in a timely fashion and for his approval, the reason for the absence. These confreres are to be notified in time so they are able to obtain the documents for voting on the first ballot by letter and for choosing a proxy. If it is prudently foreseen that they will be legitimately impeded, then such documents can be sent to them with the notice of convocation.

Wherefore, should there have been a straw ballot, its result is to be communicated to all the electors before sending out an absentee ballot and before the naming of a proxy.

Confreres legitimately prevented from being present at the election are to indicate in timely fashion their reasons to the president of the election, who has the right to approve the reasons given (cf. Const. 250). Unless the reasons for the absence have been approved by the president of the election, both the first ballot vote as well as the designation of a proxy lack all force.

Along with indication of the reasons for absence to the president of the election, there are to be included two envelopes, both sealed, one of which contains the vote for the first ballot and the other which contains the designation of the proxy. The sealed envelopes should be clearly distinguished from each other by respective inscriptions on the outside such as: "Vote of the Reverend N.N. for the first ballot of the election" and "Designation of a proxy by Rev.N.N."

These sealed envelopes can then be included in a larger envelope containing the reasons for the absence.

Those who are present in the house where the election takes place, but who are unable to be present for the election because of sickness, are not to be considered as legitimately impeded. Their situation is to be handled according to the prescriptions found below in 9.3.

For those who are legitimately absent for the election of a prelate, it is permitted on the first ballot to cast a direct vote through a sealed letter.

For subsequent ballots, a proxy is to be designated. No one can receive more than one proxy. It is permitted, however, that the one may conditionally suggest another as his proxy holder, and then a third or several others.

In assignment of proxies, it is fitting that the president of the election follow the order of precedence among those legitimately absent. The president assigns as proxy to the absent confrere the one whom he has indicated as his first choice, or second if a proxy has already been given to the first, and so on. The confrere who is absent should provide designation of alternative choices so that a proxy can be assigned for him. In doubtful cases, however, the president of the election always has the right to decide (Const. 251).

A proxy can never be assigned to a confrere who is not at least conditionally designated by the impeded confrere. Once proxies have been assigned at the foreseen time, other proxies are only to be accepted with respect for the list of proxies already established.

In elections of prelates the abbot general presides by right, the case of an abbot founder being an exception. When the daughter church is vacant, the abbot-founder has "the right of presiding at the election of a new prelate and of confirming the elect in the name of the abbot general" Const. 136.5).

It is the abbot general, whether himself or by means of a delegate acting in his name, who can preside at the election. When the abbot general is impeded, the pater abbas who immediately succeeds the abbot-founder is to preside at the election of the new prelate in the daughter canonry (Const. 137). Likewise the abbot-founder, himself or by means of a delegate, can preside at the election.

It is the responsibility of the president of the election to see that everything is carried out properly and according to the norms of universal and proper law. He is also to see that the acts of

the election are duly signed. Acting according to the norm of law, he is also able to resolve authoritatively doubts which arise during the course of the election. As for the confirmation of the one elected, the norms found under n. 12 are to be followed.

"The chapter of election is duly constituted by the roll call of all those who have active voice either themselves or through proxy" (Const. 253). An individual who enjoys active voice can cast only one vote in his own name. "If anyone should have the right of voting both in his own name and in another, by virtue of delegation, he has a double vote (ibid.).

For the validity of the election, it is required that a a majority of all those who have been convoked are present (or participate through proxy or absentee ballot).

Two tellers and a secretary or actuarius should be chosen by the chapter of election from among those gathered (Const. 254). The secretary is to accurately record all the acts of the election, which are then to be signed by himself as well as the president of the election and tellers, and then kept in the archives of the canonry (cfr., Const, 257).

In case of necessity two assistant tellers can be chosen to collect the ballots of those sick confreres living in the house where the election takes place.

An election is not necessary for selecting the tellers and secretary; approval by the majority of the electoral chapter is sufficient. Generally, the president of the election can propose them and then they can be approved either by acclamation, with unanimous consent of the capitulars, or through vote by a a show of hands.

"In order that the election be valid, no one can be permitted to vote who is not a member of the college or group." (can. 169).

"An election whose freedom was in fact impaired in any way whatever is invalid by the law itself." (can. 170).

"If one of the electors is present in the house in which the election takes place but cannot be present for the election because of ill health, his written ballot is to be obtained by the tellers." (can. 167.2)

The tellers are to inform him of the results of the previous ballot, without in any way attempting to procure his vote.

In elections, superiors and members are to observe the norms of common and proper law, abstain from any abuse or partiality, and, having nothing in mind but God and the good of the canonry, are to elect those whom they know in the Lord to be truly worthy and suitable. Besides, in elections, they are to beware of any procurement of votes, either directly or indirectly, for themselves or for others (cf. can. 626). This does not exclude objective information concerning candidates, but does forbid the procurement of votes.

The proxy is to choose, then, the one whom, according to his conscience, he knows to be truly worthy and suitable. By no means is the proxy obliged to vote for the candidate who might have been indicated by the one giving the proxy. The proxy, however, is able to vote for that confrere who has designated him as proxy.

1. free; therefore a vote is invalid if one has been coerced, directly or indirectly, by grave fear or by fraud, to vote for a certain person or different persons disjunctively.

A secret ballot does not exclude the possibility that either in writing or orally something is revealed to the tellers, such as can happen in the case of the religious who is seriously ill. In this case the tellers are bound by secrecy of office. Likewise, care is to be taken that in organizing the election, the electors are really able to cast a secret ballot.

The vote is to be certain with regard to the intention of the elector and is to designate only one definite candidate. When, as sometimes happens, two candidates have the same or similar names, any doubt concerning the identity of the one for whom the vote is cast must be avoided.

A vote is absolute in so far as no conditions are placed upon the vote. Conditions which perhaps may have been agreed upon with a candidate before the election, but which are not expressed on the ballot, do not invalidate it, but are to be considered as not having been placed (cf. can. 172.2).

Naturally, a vote cast by a member who is incapable of voting is invalid (cf. Above 5.2.3.).

A vote cast for oneself is not invalid, but usually would seem to be at variance with the intention of can. 626 (cf. above, 9.4. 1).

As long as the vote remains secret (not, however, in regard to the tellers), certain, absolute and determinate, it is not invalidated by one's signature or a pious sentiment, etc., which is placed on the ballot sheet.

The tellers are ordinarily to collect the ballot sheets (cf. can. 173.1). In the first round, the absentee ballots cast are to be added.

In the presence of the president of the election (cf. can. 173.2), they are to examine the number of ballots to see if they correspond to the number of electors. "If the number of ballots exceeds the number of electors, the vote is invalid" (can. 173.3).

If the number of votes does not exceed the number of voters, then the tellers are to inspect these ballots in the presence of the president of the election (cf. can. 173.2). "The senior teller notes secretly the names of those for whom votes were cast, together with the number of votes which each one received" (Const. 255). This recording of the votes should be done in a separate room or at least not so close to the electors present, so that each vote remains secret.

Then, in response to the request of the president of the election, the number of votes for all candidates is to communicated to all the electors by the tellers, before proceeding with the election(cf. Const. 255 and can. 173.1).

The tellers are to see that, at least after the election, all of the individual ballots are to be destroyed.

He is elected who has received an absolute majority of those who are present. If the required number of votes was obtained by no one, then a second ballot should be started immediately, and if this again proves to be ineffecacious, a third is to be initiated. Whenever no one has obtained an absolute majority of the votes on the third ballot, a fourth ballot is begun, in which only those two candidates who obtained the largest number of votes on the third ballot enjoy only a passive but not active vote.

An absolute majority is more than half of the votes of those who are present in a particular case, namely 6 of 10 or 11 votes, 7 out of 12 or 13 votes, and so on.

"If the third ballot is inefficacious because of a tie, there is to be a fourth ballot in which only the 2 candidates who are senior in age and have received the same greater number of votes on the third ballot have passive voice while lacking active voice. The one who obtains the greater number of votes on the fourth ballot is elected. In case of a tie on the fourth ballot, the older in age is elected." (Const. 259)

The one who has received the required number of votes is to be proclaimed elected by the president of the canonry chapter and he is to ask forthwith for the consent of the one elected; if the president himself is elected, the announcement is to be made and consent sought by him who is first among the members of the college according to the rules of precedence.

If the one elected prelate is absent, his election is to be communicated to him forthwith by the president of the college.

Within eight days of available time from the reception of notification, the one elected must indicate to the president of the college whether he accepts the election or not; otherwise the election has no effect. (cf. Can. 177.1)

If the one elected does not accept, he loses any right deriving from the election and does not regain any such right by a subsequent acceptance, but he can be elected again; however, within a month from notice of non-acceptance the college must proceed to a new election. (cf. Can. 177.2)

After accepting election, the prelate-elect, within 8 days of available time from the acceptance of election, must himself or through another, seek confirmation from the abbot general or his delegate; otherwise he is deprived of all right, unless it is proved that the person has been constrained from petitioning confirmation by a just impediment. (cf. Can.l 179.1)

Even though there is no question about the validity of the election, the superior who has the right of confirming the elected can reject the one elected if he is found to be less suitable, provided he shows ajust cause for the rejection (cf. can. 179.2).

The expression "less suitable" must always be understood in an absolute sense rather than relative to the other candidates (cf. can. 179.2): in the case where the elected is not endowed with the qualities which render him suitable for governance of the canonry to which he is elected (cf. Const. 110).

In order that a cautious process be pursued in justice and truth in granting or refusing confirmation, it is required that the one who confirms be personally present at the election. If he is a delegate, proper instruction should be provided him beforehand, though he is free to use his own judgment. The one who confirms shall form his own judgment in due time concerning the fitness of the candidates.

If confirmation is denied, then there is to be a new election or the Abbot General may impose an administrator ad nutum according to Const. 245.

The prelate-elect, having given his consent and after receiving the confirmation of the abbot general or his delegate, immediately takes possession of his office. An exception to this is possible in the case where the one elected succeeds a prelate elected for a term, and that term is coming to an end. Then the one elected obtains full right to the office only when:

2. when the loss of office has been communicated in writing to the outgoing prelate by the abbot general (cf. can. 153.2 and 186).

Before obtaining the office with full right, it is forbidden for the newly elected prelate to involve himself in the administration of the office either in matters spiritual or in temporalities. (cf. can. 179.4)

When, however, he obtains the office with full right, immediately and faithfully all that pertains to the acts and means for the government of the canonry in spiritualities and temporalities must be entrusted to the newly elected prelate. It is the responsibility of the president of the election to see to the execution of this prescription, and, if need be, to enforce this precept.

The newly elected prelate is bound by the obligation of personally making the profession of faith according to the formula approved by the Apostolic See (cf. can. 833.8).

The one elected abbot has the right to the abbatial blessing, which he is obliged to receive within three months.

Once the election is successfully completed, all are to give thanks to God and promise obedience to the newly elected prelate according to the custom of the canonry.

The election can also been done by means of compromise, following can. 174-175. In the case of postulation, can. 180-183 are to be followed faithfully. (cf. Const. 261)

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