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Art. 4.

POSTULATION

Can. 180 §1. If a canonical impediment from which a dispensation can be and customarily is granted prevents the election of a person whom the electors believe to be more suitable and whom they prefer, by their votes they can postulate that person from the competent authority unless the law provides otherwise.

§2. Those commissioned to elect in virtue of a compromise cannot postulate unless this was expressed in the compromise.

Can. 181 §1. At least two-thirds of the votes are required for a postulation to have force.

§2. A vote for postulation must be expressed by the words, I postulate, or the equivalent. The formula, I elect or I postulate, or the equivalent is valid for election if there is no impediment; otherwise it is valid for postulation.

Can. 182 §1. A postulation must be sent within eight useful days by the one presiding to the authority competent to confirm the election, to whom it pertains to grant the dispensation from the impediment, or, if the authority does not have this power, to petition the dispensation from a higher authority. If confirmation is not required, a postulation must be sent to the authority competent to grant the dispensation.

§2. If a postulation has not been sent within the prescribed time, by that fact it is null, and the college or group is deprived of the right of electing or postulating for that occasion unless it is proved that the one presiding had been prevented from sending the postulation by a just impediment or had refrained from sending it at the opportune time by malice or negligence.

§3. The person postulated acquires no right by postulation; the competent authority is not obliged to admit the postulation.

§4. Electors cannot revoke a postulation made to a competent authority unless the authority consents.

Can. 183 §1. If a postulation has not been admitted by the competent authority, the right of electing reverts to the college or group.

§2. If a postulation has been admitted, however, this is to be made known to the person postulated, who must respond according to the norm of can. 177, §1.

§3. A person who accepts a postulation which has been admitted acquires the office in full right immediately.




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