ARTICLE 3: ELECTION

§2 If someone who should have been summoned was overlooked and was therefore absent, the election is valid. However, if that person insists and gives proof of being overlooked and of absence, the election, even if confirmed, must be rescinded by the competent authority, provided it is juridically established that the recourse was submitted within no more than three days of having received notification of the election.

§3 If more than one third of the voters were overlooked, the election is invalid by virtue of the law itself, unless all those overlooked were in fact present.

§2 If an elector is present in the building in which the election is being held, but because of infirmity is unable to be present at the election, a written vote is to be sought from that person by the scrutineers.

1° one incapable of a human act;

2° one lacking active voice;

3° one who is excommunicated, whether by judgement of a court or by a decree whereby this penalty is imposed or declared;

4° one who notoriously defected from communion with the Church.

§2 If any of the above persons is admitted, the vote cast is invalid. The election, however, is valid, unless it is established that, without this vote, the person elected would not have gained the requisite number of votes.

1° free; a vote is therefore invalid if, through grave fear or deceit, someone was directly or indirectly made to choose a certain person or several persons separately;

2° secret, certain, absolute and determinate.

§2 Conditions attached to a vote before an election are to be considered non-existent.

§2 The scrutineers are to collect the votes and, in the presence of the one who presides at the election, to check whether the number of votes corresponds to the number of electors; they are then to examine the votes and to announce how many each person has received.

§3 If the number of votes exceeds the number of electors, the act is null.

§4 All the proceedings of an election are to be accurately recorded by the one who acts as notary. They are to be signed at least by that notary, by the person who presides and by the scrutineers, and they are to be carefully preserved in the archive of the college.

§2 If the college or group consists solely of clerics, the persons to whom the power of election is transferred must be in sacred orders; otherwise the election is invalid.

§3 Those to whom the power of election is transferred must observe the provisions of law concerning an election and, for the validity of the election, they must observe the conditions attached to the compromise, unless these conditions are contrary to the law. Conditions which are contrary to the law are to be regarded as non-existent.

1° it is revoked by the college or group before it has been put into effect;

2° a condition attached to the compromise has not been fulfilled;

3° the election has been held, but invalidly.

§2 The person elected who has not accepted loses every right deriving from the election, nor is any right revived by subsequent acceptance; the person may, however, be elected again. The college or group must proceed to a new election within a month of being notified of non-acceptance.

§2 The competent authority cannot refuse confirmation if he has found the person elected suitable in accordance with can. 149 §1, and the election has been carried out in accordance with the law.

§3 Confirmation must be given in writing.

§4 Before receiving notice of the confirmation, the person elected may not become involved in the administration of the office, neither in spiritual nor in material affairs; any acts possibly performed by that person are invalid.

§5 When confirmation has been notified, the person elected obtains full right to the office, unless the law provides otherwise.