ARTICLE 4:
POSTULATION
Can.
180 §1 If a canonical impediment, from which a dispensation is possible and
customary, stands in the way of the election of a person whom the electors
judge more suitable and prefer, they can, unless the law provides otherwise,
postulate that person from the competent authority.
§2 Those to
whom the power of electing has been transferred by compromise may not make a
postulation, unless this is expressly stated in the terms of the compromise.
Can.
181 §1 For a postulation to have effect, at least two thirds of the votes are
required.
§2 A vote
for postulation must be expressed by the term 'I postulate', or an equivalent.
The formula 'I elect or postulate', or its equivalent, is valid for election if
there is no impediment; otherwise, it is valid for postulation.
Can.
182 §1 The postulation must be sent, within eight canonical days, by the person
who presides to the authority which is competent to confirm the election, to
whom it belongs to grant the dispensation from the impediment or, if he has not
this authority, to seek the dispensation from a superior authority. If
confirmation is not required, the postulation must be sent to the authority
which is competent to grant the dispensation.
§2 If the
postulation is not forwarded within the prescribed time, it is by that very
fact invalid, and the college or group is for that occasion deprived of the
right of election or of postulation, unless it is proved that the person
presiding was prevented by a just impediment from forwarding the postulation, or
did not do so in due time because of deceit or negligence.
§3 The
person postulated does not acquire any right from the postulation; the
competent authority is not obliged to admit the postulation.
§4 The
electors may not revoke a postulation made to the competent authority, except
with the consent of that authority.
Can.
183 §1 If a postulation is not admitted by the competent authority the right of
election reverts to the college or group.
§2 If the
postulation has been admitted, this is to be notified to the person postulated,
who must reply in accordance with can. 177 §1.
§3 The
person who accepts a postulation which has been admitted immediately obtains
full right to the office.
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