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 ELECTION

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ELECTION

place is ordinarily the vacant church or, if it be ques- tion of an election in a chapter, wherever the delibera- tions of the chapter are usually held. The time-limit set by common ecclesiastical law is three months, after the lapse of which the election devolves upon the immediate superior (c. xli, h. t.)- In an electoral college, the duty of convoking the members belongs to the superior or president; in a chapter this would be the highest dignitary. He must issue an effectual summons, for which no special form is prescribed, to all the electors without exception, whether present in the localitvor absent, imless. however, they be too far away. The distance considered as constituting a legitimate excuse for absence (see c. xviii, h. t.) should be more narrowly interpreted to-day than in the thir- teenth century. It is unnecessary to convoke electors publicly known to be incompetent to exercise their electoral right, e. g. canons excommimicated by name or not yet subdeacons. So binding is this convocation that if even one elector be not summoned he can, in all justice, enter a complaint against the election, though the latter is not ipso facto nuU by reason of such absence. Such an election will stand provided the unsvmimoned elector abides by the choice of his colleagues or abandons his complaint. As no one is bound to use a right, common law does not oblige an elector to attend the assembly and take part in the voting; the absent are not taken into consideration. As a general rule the absent cannot be represented or vote by proxy unless, according to the chapter "Quia propter" (xlii, h. t., Lateran Council, 1215), they are at a great distance and can prove a legitimate hindrance. Moreover, they can choose as proxy only a member of the assembly, but they can commission him to vote either for a particular person or for whom- soever he himself may deem most worthy.

On the appointed day the president opens the elec- toral assembly. Though the common law requires no preliminary solemnities, such are frequently imposed by special'statute, e. g. the Mass of the Holy Ghost, which should be attended by all the assembled electors and those not prevented from assisting; also the recital of certain prayers. Moreover, the electors are often obliged previously to promise under oath that they will conscientiously vote for the most worthy. However, apart from such oath, their obligation is none the less absolute and serious. These prelimi- naries over, the electoral assembly proceeds, if neces- sarj', to verify the credentials of certain electors, e. g. those who act as delegates, as happens in the general chapters of religious congregations. Then follows the discussion of "the merits (tituli) of the candidates. The latter need not have previously made kno-mn their candidacy, though they may do so. The elec- tors, nevertheless, have all freedom to propose and sustain the candidates of their choice. Frank and fair discussion of the merits of candidates, far from being forbidden, is perfectly conformable to the law, because it tends to enlighten the electors; indeed, some maintain that an election made without such a discussion would be null or could be annulled (Mat- thseucci, in Ferraris, "Bibliotheca", s. v. "Electio", art. iv, n. 5). It is more accurate to say that the elec- tion would be vitiated if the presiding officer were to oppose this discussion for the purpose of influencing votes. However, though the law strictly prohibits cabals and secret negotiations in the interest of cer- tain candidates, the line between illicit man(ru\Ting and permissible negotiating is in practice not always easily recognizable. [See the Constitution "Eccle- sia;" of Innocent XII (22 Sept., 1695), on the elec- tions of regulars (in Ferraris, art. iii, no. 26), also the regulations that govern a conclave (q.v.).]

The discussion concluded, voting begins. Actually there is only one c\istomary method, i. e. secret voting (scrulinium serretum) by written ballots. The com- mon ecclesiastical law (c. Quia propter, xlii, h. t.,

Lateran Council, 1215) admits only three modes of election: the normal or regular method by ballot, and two exceptional modes, namely, compromise and quasi-inspiration. Recoiu-se to lots is especially prohibited; nevertheless, the Sacred Congregation of the Council (Romana, Electionis, 2 May, 1S57) rati- fied an election where the chapter, equally divided between two candidates in other respects fit, had drawn lots; just about as was done for the Apostolic election of St. Matthias. As to the two exceptional methods: (1) Election by quasi-inspiration takes place when the electors greet the name of a candidate with enthusiasm and acclamation, in which event the ballot is omitted as useless since its result is known in advance, and the candidate in question is proclaimed elected. However, modern custom in this matter differs from ancient habits, and it is wiser, even in the case of such apparent imanimity, to proceed by bal- lot. (2) Compromise occurs when all the electors confide the election to one or several specified persons, either members of the electoral college or strangers, and ratify in advance the choice made by such arbi- trator or arbitrators. Formerly this exceptional method was often resorted to, either to terminate long and fruitless sessions, or when there was a lack of ex- act information concerning the candidates; it is mi- nutely regulated by the law of the Decretals. The com- promise must be agreed to by all the electors without exception, and can be confided to ecclesiastics only. It may be absolute, i. e. lea%'ing the arbitrators quite free, or conditional, i. e. accompanied by certain reservations concerning the manner of election, the persons to be elected, the time-limit within which the election should be held, and so on.

The normal or regular method by ballot, according to the law of the Decretals was necessarily neither secret nor written. The law "Quia propter" (see above) merely calls for the choice of three trust- worthy scrutineers from among the electors. These were charged with collecting secretly (in a whisper) and in succession the votes of all ; the result was then drawn up in writing and made public. The candidate who had obtained the votes of the more numerous or soimder party {major rel sanior pars) of the chapter was declared elected. However, this appreciation, not only of the mmiber but also of the value of the votes, led to endless discussions, it being necessarj' to compare not only the number of votes obtained, but also the merits of the electors and their zeal, i. e. the honesty of their intentions. It was presumed, of course," that the majority was also the sounder party, but proof to the contrary was admitted (c. Ivii, h. t.). The use of the secret and written ballot has long since remedied tliese difficulties. If the Coimcil of Trent did not modify on this point the existing law, at least it exacted the secret ballot for the elections of regu- lars (Sess. XXV, c. vi, De regul.). According to this method the scrutineers silently collect the ballots of the electors present ; when occasion requires it, certain members are delegated to collect the votes of sick electors beneath the same roof (e. g. at a conclave or at one of the regular chapters) or even in the city (for cathedral chapters), if the statutes so prescribe. This accomplished, the scrutineers count the number of ballots collected, and if, as should be, they tally with the number of electors, the same officers proceed to declare the result. Each ballot is in turn opened, and one of the scrutineers proclaims the name inscribed thereon, then passes it to the second scrutineer for registration, while the third, or secretarj", adds up fhe total number of votes obtained by each candidate. As a general rule, election is assured to the candidate who obtains the majority of votes, i. e. an absolute, not merely a relative, majority; however, certam statutes require, e. g. in a conclave, a majority of two- thirds. When the electors are odd in number, a gain of one vote ensures the majority; if the number be