Canon Law-Norms for Canonical Elections

NORMS FOR CANONICAL ELECTIONS

lthough at first sight they appear relatively simple, elections in religious institutes and other church bodies can raise a number of tricky issues. For example, under canon law, A correctly applying the norms concerning who is eligible to vote, the validity of certain votes, the method of counting the votes and determining whether the required majority has been reached — all these can require extra thought and care.

Let us look at some of these The Code of Canon Law contains prohibitions issues. against a person who is excommunicated or who Canons 171 and 172 provide has notoriously defected from the Catholic faith, clear guidelines concerning a as well. person’s eligibility to vote — Although capable of voting validly, a person someone who is “incapable of a might wish to renounce the exercise of a right to human act” cannot cast a valid vote or to be elected. When such a person, in writ- vote, for example, so an indi- ing, renounces this exercise, the required majority FR. FRANCIS vidual in a perpetual coma, or is diminished accordingly. This could be signifi- someone in an advanced state of cant, for instance, when a vote is taken regarding G. MORRISEY Alzheimer’s disease or demen- the future of a religious institute, such as joining tia, has lost the use of reason another one. While a 75 percent to 80 percent ma- and is not eligible. But what if it isn’t clear that a jority often is required, the percentage is deter- person has indeed lost the capacity to vote? For mined on the basis of those who remain eligible instance, the individual may have good days and to vote. bad days, in terms of lucidity. Likewise, when it comes to electing delegates In such situations, before declaring that a per- to a general chapter, some persons might feel — son is incapable of voting validly, certain precau- and rightly so — that they no longer are aware of tions must be taken. Canon 18 tells us that in cases the situations to be addressed in the chapter, thus restricting the use of rights, a strict interpretation they renounce for this time, or even permanently, is to be applied. The usual practice is to require the exercise of their right. Such a renunciation two professional certificates to the effect that a should be in writing and witnessed. person does, indeed, suffer from an incapacitating Canon 172 outlines five conditions for the valid- illness. One of these would come from a treating ity of a vote cast by a person who remains eligible physician, the other from a professional who is to vote: involved on a daily basis with the person, such as 1. The vote must be free. If a person were threat- an infirmary nurse. To avoid potential conflicts of ened and in grave fear, or he or she were deceived, interest, the superior should not be the person to that vote is invalid. The deceit could arise from a issue such a statement. promise that was made before the election took The canons also say that someone who “lacks place. Such promises relating to a particular office active voice” cannot vote validly in a canonical have no juridical effect (see Canon 153). election. Thus, for instance, in a religious insti- 2. It must be secret. This presupposes a written, tute, an associate who is not a vowed member of unsigned ballot. the institute cannot vote validly in a chapter. The 3. It must be certain. Sometimes, for instance, same applies to observers who have not been giv- in communities, two or more persons have the en the status of full chapter membership. same family name or a very similar name, with a

68 JULY - AUGUST 2014 www.chausa.org HEALTH PROGRESS slightly different spelling. To indicate Four different types of majority sion, unless otherwise provided. There simply the family name without the could be considered: also is a provision in the canon for a tie- other qualifiers could lead to an uncer- A qualified majority, such as a breaking or casting ballot. tain vote. two-thirds majority, a specified super- There is a significant difference, 4. Likewise, the vote must be abso- majority or even a unanimous vote however, when it comes to a vote with- lute. It cannot be conditional. Indeed, An absolute majority: more than in a council regarding appointments, any condition attached to a vote is con- half the possible votes admission to vows, sales of property sidered to be nonexistent. A simple majority: more than half and so forth. These are not elections. 5. It must be determinate, in the the valid votes In such instances, since superiors or- sense that a person could not validly A plurality: the person obtaining dinarily are not councilors, they do not indicate on the ballot: “I vote for who- the highest number of votes vote on such matters. And, unless the ever receives the most votes.” Using these definitions, it follows approved constitutions provide other- A vote for someone who is not that in determining an absolute major- wise, the superior does not have a cast- eligible also would be an invalid vote ity, both invalid votes and abstentions ing vote in the case of a tie. (except for the possible case of postu- are counted in the total. However, in the There is, however, one additional lation). That means, for instance, in a case of a simple majority, abstentions point that is quite different when com- general chapter, voting for someone and invalid votes are discarded and do paring council decisions to canonical who is not even a member of the insti- not count in the total. Some communi- elections. Canon 127, which governs the tute. operations of councils, makes no refer- But, what about abstentions? How Regarding majorities, ence to provisions of the statutes. Rath- do they count when determining both er, for a council decision, an absolute the required majority and the validity there are different majority of those present must approve of votes cast? Canon 119 tries to answer the appointment or decision. Thus if, a number of these questions, and it understandings in for instance, the consent of a council also contains provisions regarding the different countries, were required for the appointment of number of ballots and a possible cutoff a local superior, and four persons were point. and, in the case of an present, we could have the follow- In matters of voting, Canon 119 gives ing situation: two votes in favor, one preference to the governing statutes international institute, against, and one abstention. In this case, or to some law that is applicable in the the meaning should be the total is calculated out of four, and situation. Thus, for a religious insti- not three (discarding the abstention), tute, its constitutions would override clearly spelled out. so there is no majority, and the consent the canon if they contained something of the council has not been given. contrary to what the canon says. ties in their constitutions identify (or So, we see that what looked to be a they confuse) terms by speaking of “an rather simple process — voting in reli- ELECTIONS absolute majority of valid votes cast”— gious institutes and other church bod- To hold a canonical election, first there thus the importance of verifying the ies — can become complicated if the must be present a majority of all who content of the constitutions before pro- electors or council members are not are to be summoned to vote. The major- ceeding to a ballot. After all, in a small clear on the canonical requirements. ity in this case — the quorum — means group, such as a contemplative monas- Uncertainty can lead to internal diffi- more than half of the eligible electors. tery, one or two votes can carry great culties later on, and, in order to avoid The canon then speaks of an “absolute” significance to the outcome. this possibility, things should be clearly majority of those present. spelled out beforehand. Regarding majorities, there are VOTES ON OTHER MATTERS different understandings in different When it comes to canonical votes by FR. FRANCIS G. MORRISEY, OMI, PhD, countries, and, in the case of an inter- a collegial body in which all are equal, JCD, is professor emeritus, Faculty of national institute, the meaning should but in matters that are not elections, an Canon Law, Saint Paul University, Ot- be clearly spelled out. absolute majority suffices for the deci- tawa, Canada.

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