ELECTION OF THE MAJOR ARCHBISHOP IN THE MODEL OF PAPAL ELECTION
Internal norms to be followed before, during and after the election of the Major Archbishop, in the light of the analogical directives from UNIVERSI DOMINICI GREGIS which is a Papal Document on the Election of the Roman Pontiff.
PREPARATION OF THE ELECTION PROCESS
1. The Permanent synod is to deal only with questions of lesser importance which arise on a daily basis or from time to time. But should there arise more serious questions deserving fuller examination, these must be submitted to the Synod of bishops before starting the election process. Moreover, anything decided, resolved or refused in one Permanent synod cannot be revoked, altered or granted in another; the right to do this belongs solely to the Synod of bishops, and by a majority vote (No. 7 & 8).
2. The administrator can hear the opinion of the individual bishops and communicate whatever is considered necessary or appropriate from his competence, and they can express their views on possible problems, ask for explanations in case of doubt and make suggestions (No. 11).
3. When the election synod begins, provision is to be made for each bishop to have available a copy of the statutes on the election and at the same time to have an opportunity to raise questions about the meaning and the implementation of its norms. The relevant part on the election process should also be read aloud (No. 12).
4. The Permanent Synod shall take the more urgent decisions regarding the beginning of the election on a convenient day. The synod shall decide of the following things:
4.1. The synod shall see to it that an ad hoc committee is made up which ensures that the rooms of the curia are made ready for the suitable lodging of the Bishop electors and the assignment of the rooms and that all necessary arrangements are made to prepare the Synodal Hall so that the election process can be carried out in a smooth and orderly manner and with maximum discretion, according to the provisions laid down in CCEO and Particular Laws (No. 7 c, h).
4.2. The synod shall entrust to two priests known for their sound doctrine, wisdom and moral authority the task of presenting to the election Synod two well-prepared meditations, first on the problems and challenges the Church facing today and on the need for careful discernment in choosing the new Major Archbishop and the second on the spirituality of the election process and the work of the Holy Spirit through the human hands and the grave duty incumbent on them and thus on the need to act with right intention for the good of the Syro-Malabar Church. The Permanent Synod shall fix the day and the time when these meditations is to be given (No. 7 d);
4.3. They shall set the day and hour of the beginning of the voting process (No. 8 i).
THE ELECTORS OF THE MAJOR ARCHBISHOP
5. However, should any bishop electors arrive re integra, that is, before the new Major Archbishop of the Church has been elected, they shall be allowed to take part in the election at the stage which it has reached (no. 39)
6. If a bishop with the right to vote who has reached in the place but is impeded to take part in the election process for some serious reason, the other bishops shall proceed freely with the election, without waiting for him or readmitting him. If on the other hand a bishop elector is constrained to leave the election hall because of illness, the election can proceed without asking for his vote; if however he desires to return to the place of the election, once his health is restored or even before, he must be readmitted. Furthermore, if a bishop elector leaves the election hall for some grave reason, acknowledged as such by the majority of the electors, he can return, in order once again to take part in the election (no.40).
THE PLACE OF THE ELECTION, THOSE ADMITTED AND SECRACY
7. The Election Synod of the Major Archbishop shall be called SMC Conclave which shall take place in the Major Archiepiscopal Curia, in such a way as to ensure suitable accommodation for the Bishop electors and all those legitimately called to cooperate in the orderly functioning of the election (No.41).
8. If reasons of health, previously confirmed by the Permanent Synod, require that a bishop elector should have an attendant, even during the period of the election, arrangements must be made to provide suitable accommodation for the latter (No. 42).
9. From the beginning of the electoral process until the public announcement that the election of the Major Archbishop has taken place, the house where the election takes place and including the chapel and the areas reserved for liturgical celebrations are to be closed to unauthorized persons, by the authority of the Administrator. During this period, the entire house will be closed for any type of affairs and if at all some technical assistance is needed with the permission of the Administrator. Even the intervention of the inmates of the house and other people of the household shall be regulated in a way which permits the election of the Major Archbishop be carried out with due privacy and freedom. In particular, provision shall be made to ensure that no one approaches the Bishop electors for any type of meetings and discussions (No. 43).
10. Retaining the essential elements of the SMC conclave, the election of the Major Archbishop is to take place exclusively in the Synodal Hall of the Curia. The Synodal Hall is therefore to remain an absolutely enclosed area until the conclusion of the election, so that total secrecy may be ensured with regard to everything said or done there in any way pertaining, directly or indirectly, to the election of the Major Archbishop.
10.1. It will therefore be the responsibility of the Permanent Synod, operating under the authority and responsibility of the Administrator, and with assistance of the Chancellor of the Major Archiepiscopal Curia, to make all prior arrangements for the interior of the Synodal Hall and adjacent areas to be prepared, so that the orderly election and its privacy will be ensured. (No. 51)
10.2. The permanent synod is to be especially vigilant in ensuring that there is absolutely no violation of secrecy with regard to the events occurring in the Synodal Hall, where the voting takes place, and in the adjacent areas, before, as well as during and after the voting (No. 55).
10.3. In a special way, careful and stringent checks must be made, with the help of trustworthy individuals of proven technical ability, in order to ensure that no audiovisual equipment has been secretly installed in these areas for recording and transmission to the outside (No. 51).
11. The Bishop electors, from the beginning of the election until its conclusion and the public announcement of its outcome, are not to communicate — whether by writing, by telephone, by email, by any other means of communication — with persons outside the area where the election is taking place, except in cases of proven and urgent necessity, duly acknowledged by the administrator (no.44).
12. Anyone should happen to meet one of the Bishop electors during the time of the election, is absolutely forbidden to engage in conversation of any sort related to the election (No.45).
13. It is specifically prohibited to the Bishop electors, for the entire duration of the election, to receive newspapers or periodicals of any sort, to listen to the radio or to watch television or to browse the internet (No. 57). However there can be briefing of the important News by the tellers.
14. The Bishop electors are to maintain secrecy concerning these matters also after the election of the new Major Archbishop has taken place, and that it is not licit to break the secret in any way unless a special and explicit permission has been granted by the Major Archbishop himself who will grant this permission with the consent from the Synod of Bishops (No. 60).
15. In order to meet the personal and official needs connected with the election process, the individuals must be available and therefore properly lodged in suitable areas: Notary of the SMC conclave (can be ex-officio the chancellor); the Master of Liturgical Celebrations and two Religious nuns attached to the Sacristy; and the tellers chosen as per the particular law. There must also be available in the house a priest from the regular clergy for hearing confessions, and one medical doctor for possible emergencies. Appropriate provisions must also be made beforehand for a suitable number of persons to be available for preparing and serving meals and for housekeeping. All the persons indicated here must receive prior approval from the permanent synod (No.46).
16. All the persons listed in No. 15 who in any way or at any time should come to learn anything from any source, directly or indirectly, regarding the election process, and in particular regarding the voting which took place in the election itself, are obliged to maintain strict secrecy with all persons extraneous to the Bishop electors: accordingly, before the election begins, they shall take an oath in the form and using the formula indicated in No. 17 (No. 47).
17. At a suitable time before the beginning of the election, the persons indicated in No. 15, having been duly warned about the meaning and extent of the oath which they are to take, shall, in the presence of the Administrator or another Bishop delegated by him, in the presence of a witness, swear and sign the oath according to the following formula:
17.1. I, N.N., promise and swear that, unless I should receive a special faculty given expressly by the newly- elected Major Archbishop or by his successors, I will observe absolute and perpetual secrecy with all who are not part of the Bishop electors concerning all matters directly or indirectly related to the ballots cast and their scrutiny for the election of the Major Archbishop.
I likewise promise and swear to refrain from using any audio or video equipment capable of recording anything which takes place during the period of the election within the house, and in particular anything which in any way, directly or indirectly, is related to the process of the election itself. I declare that I take this oath fully aware that an infraction thereof will make me subject to the spiritual and canonical penalties which the future Major Archbishop will see fit to adopt, in accordance with the Canons of the Church.
So help me God and these Holy Gospels which I touch with my hand (No. 48).
THE BEGINNING OF THE ELECTION
18. When everything necessary for the regular functioning of the election has been prepared, on the appointed day, the Bishop electors shall meet in the Chapel for a solemn Holy Qurbana which is celebrated for the election of the Major Archbishop presided by the Administrator of the Church or by delegate. To begin with the election process, the first meditation (on the problems and challenges the Church facing today and on the need for careful discernment in choosing the new Major Archbishop) is to be preached by the priest who has been entrusted with the same. (It is recommended to have some representatives of the hierarchs, major superiors, formation institutions and some selected lay leaders present for the same). The first meditation and the Holy Qurbana should preferably take place at a suitable hour on the first day in the morning (No. 49).
19. At a suitable time on the first day, the Bishop electors assemble in the Chapel and the second meditation is preached by the priest previously chosen to the Bishop electors concerning the spirituality of the election process and the work of the Holy Spirit through the human hands and the grave duty incumbent on them and thus on the need to act with right intention for the good of the Syro-Malabar Church (No. 52). After the preaching, the Bishop electors spend some time in silent prayer.
20. From the Chapel, invoking the assistance of the Holy Spirit with a hymn, the Bishop electors will solemnly process to the hall, where the election will be held (No.50).
21. When the Bishop electors have arrived in the Synodal Hall and still in the presence of those who took part in the solemn procession, they shall take the oath. This oath shall also be taken by bishops who arrive late and subsequently take part in election. The administrator will read the first part of the formula aloud and the bishops repeat it together; and the second part is said by each of the Bishop electors, touching the Holy Gospels kept in the centre of the hall, will read and recite the following formula:
21.1. We, the Bishop electors present in this election of the Major Archbishop promise, pledge and swear, as individuals and as a group, to observe faithfully and scrupulously the prescriptions contained in the Common Law of the Universal Church and the Particular Laws of the Syro-Malabar Church. In a particular way, we promise and swear to observe with the greatest fidelity and with all persons, clerical, religious or lay, secrecy regarding everything that in any way relates to the election of the Major Archbishop and regarding what occurs in the place of the election, directly or indirectly related to the results of the voting; we promise and swear not to break this secret in any way, either during or after the election of the new Major Archbishop and never to lend support or favour to any interference, opposition or any other form of intervention, whereby secular authorities of whatever order and degree or any group of people or individuals might wish to intervene in the election of the Major Archbishop.
21.2. Each of the Bishop electors, according to the order of precedence, will come to the Bible and touching the same will say:
And I, Mar ………. (Name and House name), Bishop of ………., do so promise, pledge and swear. Placing his hand on the Gospels, he will add: So help me God and these Holy Gospels which I touch with my hand (No. 53).
21.3. The Order of precedence is decided to be from the senior to the junior bishops for which the seniority is determined as per the Episcopal Ordination and if ordained on the same day as per the age.
21.4. Towards the end of the marching as per the precedence, if any bishop is unable to go to the Bible to take the pledge, the Bible will be brought to them by the Administrator accompanied by the Notary in order to take the pledge.
21.5. And when the last of the Bishop electors has taken the oath, the notary, who has noted of the oath taken by the bishops, will hand over the list of the bishops who have taken the oath to the Administrator, and all those not taking part in the SMC conclave must leave the Synodal Hall except the notary.
22. Then the administrator briefly explains the election process to the Bishop electors and asks them whether the election can begin, or whether there still remain doubts which need to be clarified concerning the norms and procedures. It is not however permitted, even if the electors are unanimously agreed, to modify or replace any of the norms and procedures which are a substantial part of the election process (No. 54).
23. If, in the judgment of the majority of the electors, there is nothing to prevent from beginning the election process, it shall start by electing the President of the election process who will be elected by the absolute majority of those present or, after two indecisive ballots, by a relative majority on the third ballot, has the force of law (CCEO C.956 §1). If, however, the votes are equal the particular law is to be observed
THE ELECTION PROCEDURE
24. As the first day is spent in spiritual and other preparations, the election process to the Major Archbishop shall begin on the second day where two ballots shall be held in the morning and two in the afternoon. In this way, as the maximum ballots can be only 8, it can be concluded within two days. The voting is to begin at a time which shall have been determined by the Permanent synod (No. 63).
25. The votes required for the election of the Major Archbishop are specified in the particular law. If it is impossible to divide the number of bishops present into three equal parts, for the validity of the election of the Major Archbishop one additional vote is required (No. 62). And for absolute majority the votes shall be more than half.
26. Each round election process begins with drawing by lot, from among all the Bishop electors, selection of three Scrutineers, three Revisers and one Infirmarian. This drawing by lot is carried out in public by the junior most bishop in Episcopal ordination, who draws out seven names, one after another, of those who shall carry out these tasks. During the drawing of lots, there should come out the names of Bishops who because of some reasons are unable to carry out these tasks, the names of others are to be drawn in their place. The first three drawn will act as Scrutineers, the second three as Revisers and the last one as Infirmarian (No. 64).
27. Infirmarian is charged with collecting the votes of the sick, if any, remaining in their rooms, called for the sake of brevity Infirmarian (No. 64).
28. The voting process of the first phase begins with distribution of the ballot papers by the priest tellers who will give three ballot sheets to each Bishop elector (No. 64).
29. For this phase of the voting process the following norms must be observed:
29.1. The ballot paper must be rectangular in shape and must bear in the upper half, in print if possible, the words Election of the Major Archbishop of the Syro-Malabar Church; on the lower half there must be a space left for writing the name of the person chosen; thus the ballot is made in such a way that it can be folded twice (No. 65);
29.2. The completion of the ballot must be done in secret by each Bishop elector, who will write down legibly, as far as possible in handwriting that cannot be identified as his, the name of the person he chooses, taking care not to write other names as well, since this would make the ballot null; he will then fold the ballot twice (No. 65);
29.3. During the voting, the Bishop electors are to remain alone in the Synodal Hall; therefore, immediately after the distribution of the ballots and before the electors begin to write, the notary and the priest tellers must leave the Hall. After they have left, the junior most Bishop in age shall close the door, opening and closing it again each time this is necessary, as for example when the Infirmarian, notary, tellers go out and return to the Hall (No. 65).
30. The second phase, the scrutiny proper, comprises: 1) the placing of the ballots in the appropriate receptacle; 2) the mixing and counting of the ballots; 3) the opening of the votes. Two Scrutineers go to each Bishop elector in the order of their sitting, and each bishop, having completed and folded his ballot, holds it up so that it can be seen and he drops it into the receptacle (No.66).
31. If there are Bishop electors who are sick and confined to their rooms, the Infirmarian goes to them with a box which has an opening in the top through which a folded ballot can be inserted. Before giving the box to the Infirmarian, one Scrutineer open it publicly, so that the other electors can see that it is empty; they are then to lock it and place the key near the Bible on the table. The Infirmarian, taking the locked box and a sufficient number of ballot papers, goes to each sick elector, who takes a ballot, writes his vote in secret, folds the ballot and, puts it through the opening in the box (No.67).
32. If any of the electors who are sick is unable to write, the Infirmarian or another bishop elector chosen by the sick Bishop carries out the above procedure. The Infirmarian then takes the box back into the Hall, where it shall be opened by the Scrutineers after the bishops present have cast their votes. The Scrutineers then count the ballots in the box and, having ascertained that their number corresponds to the number of those who are sick, drop them all together into the receptacle (No. 68).
33. In order not to prolong the voting process unduly, the Infirmarian may complete his own ballot and place it in the receptacle before he goes to collect the votes of the sick in the manner indicated above while the other electors are casting their votes (No. 68).
34. After all the ballots of the Bishop electors have been placed in the receptacle, the first Scrutineer shakes it several times in order to mix them, and immediately afterwards the last Scrutineer proceeds to count them, picking them out of the urn in full view and placing them in another empty receptacle previously prepared for this purpose. If the number of ballots does not correspond to the number of electors, the ballots must all be burned and a second vote taken at once; if however their number does correspond to the number of electors, the opening of the ballots takes place (No. 68).
35. The Scrutineers sit at a table placed in front of the Bible. The first of them takes a ballot, unfolds it, notes the name of the person chosen and passes the ballot to the second Scrutineer, who in his turn notes the name of the person chosen and passes the ballot to the third, who reads it out in a loud and clear voice, so that all the electors present can record the vote on a sheet of paper prepared for that purpose. He himself writes down the name read from the ballot. If during the opening of the ballots the Scrutineers should discover two ballots folded in such a way that they appear to have been completed by one elector, if these ballots bear the same name they are counted as one vote; if however they bear two different names, neither vote will be valid; however, in neither of the two cases is the voting session annulled (No. 69).
36. When all the ballots have been opened, the Scrutineers add up the sum of the votes obtained by the different names and write them down on a separate sheet of paper. The last Scrutineer, as he reads out the individual ballots, pierces each one with a needle through the word Election and places it on a thread, so that the ballots can be more securely preserved. After the names have been read out, the ends of the thread are tied in a knot, and the ballots thus joined together are placed in a receptacle or on one side of the table.
37. There then follows the third and last phase, also known as the post-scrutiny, which comprises: 1) the counting of the votes; 2) the checking of the same; 3) the burning of the ballots (No.70).
38. The Scrutineers add up all the votes that each individual has received, and if no one has obtained two thirds of the votes on that ballot, the Major Archbishop has not been elected; if however it turns out that someone has obtained two thirds of the votes, the canonically valid election of the Major Archbishop has taken place (No. 71).
39. In either case, that is, whether the election has occurred or not, the three Revisers must proceed to check both the ballots and the notes made by the Scrutineers in order to make sure that they have performed their task exactly and faithfully (No.71).
40. In the end of the verification by the Revisers, the President is to announce in public if the Major Archbishop is elected or not, making known in public the number of the votes received by each candidate.
41. Before the Bishop electors leave the Synodal Hall, all the ballots are to be burnt by the Scrutineers, with the assistance of the notary and the tellers who in the meantime have been summoned by the junior most Bishop in Episcopal Election. If however a second vote is to take place immediately, the ballots from the first vote will be burned only at the end, together with those from the second vote (No.71).
42. In order that secrecy may be better observed, each and every Bishop elector has to hand over the notes to the scruniteers which he may have in his possession concerning the results of each ballot. These notes are to be burnt together with the ballots (no. 71).
43. When the Bishop electors go for break after the election, the remaining ballot papers are to be collected back by the tellers who will count the ballots including the used ones which will be burnt together with the ballots.
44. At the end of the election, the President with the help of the notary shall draw up a document, with the result of the voting at each session. This document is to be kept in a designated archive, enclosed in a sealed envelope, which may be opened by no one unless the Major Archbishop gives explicit permission (No. 71).
45. If the Bishop electors shall proceed immediately to a second ballot all the formalities of the previous one are to be observed, with the difference that the electors are not bound choose new Scrutineers, Revisers and Infirmarian. But a new team is to be selected for the next round of election (No. 72).
46. In the event that the Bishop electors find it difficult to agree on the person to be elected, after 6 round balloting has been carried out without result, if the Bishop electors give consent, voting can be suspended for a maximum of half day in order to allow a pause for prayer, informal discussion among the voters, and a brief spiritual exhortation given by the President. Voting is then resumed in the usual manner as per the particular laws (No. 74).
47. Should the election take place in a way other than the CCEO and Particular Laws of the Syro-Malabar Church, the issue is to be referred to the Roman Pontiff (No. 76).
THE ACCEPTANCE AND PROCLAMATION OF THE NEW MAJOR ARCHBISHO AND THE ENTHRONMENT
48. When the election has canonically taken place, one of the Scrutineers will summon into the hall the notary. And then the one designated by the Particular law would formally ask the consent of the one elected in the following words: Do you accept your canonical election as the Major Archbishop of the Syro-Malabar Church? The one elected responds with following words: Yes (or No) I do (not) accept the canonical election as the Major Archbishop of the Syro-Malabar Church. The one who asked this question and the notary will draw up a document certifying the canonical election and the acceptance (or rejection) of the election by the new Major Archbishop (No. 87).
49. The other formalities as per the CCEO and Particular Laws are to be carried out and once the Roman Pontiff has given the confirmation, the Bishop electors approach the newly-elected Major Archbishop according to the precedence, in order to make an act of homage and obedience. An act of thanksgiving to God is then made by the bishops according to the prescriptions of the liturgical books (No.89).
50. The announcement of the election is to be done as per the time and date determined by the Roman Pontiff. If there is sufficient time between the confirmation received and the public announcement, information to be passed in the ecclesiastical, social and political realm about the time of the announcement of the New Major Archbishop. The available senior most Bishop in the Episcopal ordination has to make the public announcement that the election has taken place and proclaims the name of the new Major Archbishop. The senior most bishop of the Permanent Synod is to put the pectoral cross and ring traditionally worn by the Major Archbishops. The newly elected thereafter imparts the Blessing for the whole Church (No. 89).
51. If the person elected is not already a Bishop, homage is paid to him and the announcement of his election is made only after he has been solemnly ordained Bishop (No. 90).
52. If the newly-elected Major Archbishop is not already a Bishop, his episcopal ordination, shall be carried out according to the usage of the Church by the Administrator or by the senior most bishop of the Permanent Synod decided by the Synod of Bishops (No. 90).
53. The SMC conclave ends immediately after the confirmation is given to the newly elected Major Archbishop by the Roman Pontiff. From that moment the new Major Archbishop can discuss the matters of importance with the Bishops (No. 91).
54. Without much delay, solemn ceremony of taking the canonical possession of the Archdiocese of Ernakulam-Angamaly and the Enthronement have to take place at the Cathedral Church of the Ernakulam –Angamaly on an agreed day according to the prescribed ritual (No. 92).
Prepared by Fr. Francis Eluvathingal
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