The rules governing the election of the next Pope are determined by the Apostolic Constitution Universi Dominici Gregis (UDG), written by John Paul II and promulgated on February 22 of 1996. On June 11, 2007, Pope Benedict XVI modified the rules for any conclave so that a two-thirds majority is needed for the election of any Pope. (Motu Proprio) This is the same rule first instituted at the Third Lateran Council, in 1179. UDG had permitted a bare majority vote, only if, after several days of voting, no candidate achieved a two-thirds majority. But the remainder of the rules of UDG remain still in effect (as of this writing).

UNIVERSI DOMINICI GREGIS
http://tinyurl.com/papal-election

The Pope may resign from office: “I decree that the dispositions concerning everything that precedes the election of the Roman Pontiff and the carrying out of the election itself must be observed in full, even if the vacancy of the Apostolic See should occur as a result of the resignation of the Supreme Pontiff….” (UDG 77)

After the resignation of Pope Benedict XVI, the next Pope will be chosen by the Cardinals of the Roman Catholic Church. “Confirming therefore the norm of the current Code of Canon Law (cf. Canon 349), which reflects the millennial practice of the Church, I once more affirm that the College of electors of the Supreme Pontiff is composed solely of the Cardinals of Holy Roman Church.” (UDG Introduction)

However, the Cardinals of the Church who are 80 years of age or older cannot vote for the next Pope: “those Cardinals who celebrate their eightieth birthday before the day when the Apostolic See becomes vacant do not take part in the election.” (UDG Introduction) If a Cardinal reaches his 80th birthday prior to the day that the Pope’s resignation becomes effective, he cannot vote for the next Pope. These older Cardinals can “take part in the preparatory meetings of the Conclave,” but they cannot vote. (UDG Introduction) Current news reports say that the Pope’s resignation will be effective as of February 28th, 2013. So the conclave will proceed as if he had died on that day.

An interesting question arises concerning the maximum number of Cardinal electors (voting Cardinals). Pope John Paul II, in UDG, established a maximum number of 120 voting Cardinals: “In the present historical circumstances, the universality of the Church is sufficiently expressed by the College of one hundred and twenty electors, made up of Cardinals coming from all parts of the world and from very different cultures. I therefore confirm that this is to be the maximum number of Cardinal electors….” (UDG Introduction)

On the basis of recent news reports, the current number of Cardinal electors is 118. Mexican Cardinal Javier Lozano Barragan turned 80 in January, 2013. The number of non-voting Cardinals is currently about 90. Some Cardinals might reach the age of 80 prior to the effective date of the Pope’s resignation and some might be unable to attend the Conclave due to illness or other circumstances. If the Pope’s resignation is effective 28 Feb 2013, then a Cardinal who reaches his 80th birthday on or before 27 Feb 2013 cannot vote in the conclave. A Cardinal whose 80th birthday occurs on or after 28 Feb 2013 can vote in the conclave.

During the Conclave, the Cardinals must stay in Vatican City State: “for the whole duration of the election the living-quarters of the Cardinal electors and of those called to assist in the orderly process of the election itself are to be located in suitable places within Vatican City State.” (UDG Introduction) And the election itself must take place within the Sistine Chapel: “I decree that the election will continue to take place in the Sistine Chapel, where everything is conducive to an awareness of the presence of God….” (UDG Introduction)

Strict secrecy governs the Cardinals concerning the election of the next Pope: “I further confirm, by my apostolic authority, the duty of maintaining the strictest secrecy with regard to everything that directly or indirectly concerns the election process itself.” (UDG Introduction) The actual voting cannot take place by a voice vote, nor is it permitted for the Cardinals to choose a Pope by means of a compromise agreement made by the representatives of differing groups of Cardinals. The election can only occur by a secret ballot: “the only form by which the electors can manifest their vote in the election of the Roman Pontiff is by secret ballot….” (UDG Introduction)

The election process should begin more than 15 full days, and no later than 20 days, after the death of the Pope. “I furthermore decree that, from the moment when the Apostolic See is lawfully vacant, the Cardinal electors who are present must wait fifteen full days for those who are absent; the College of Cardinals is also granted the faculty to defer, for serious reasons, the beginning of the election for a few days more. But when a maximum of twenty days have elapsed from the beginning of the vacancy of the See, all the Cardinal electors present are obliged to proceed to the election.” (UDG, 37)

The 15 full days is to be counted from the day of the Pope’s valid resignation, i.e. the 15 calendar days after the day of the Pope’s resignation: “and thus on the fifteenth day after the death of the Pope or, in conformity with the provisions of No. 37 of the present Constitution, not later than the twentieth — the Cardinal electors shall meet….” (UDG, 49) If the resignation is effective 28 Feb 2013, then the conclave begins as early as March 15th and as late as March 20th. There is no provision in UDG for what would happen if the Cardinals fail to begin the conclave by the 20th day.

In order to maintain secrecy, the Cardinal electors are not permitted to have outside communication during the Conclave. Any devices which can record or transmit audio or video are forbidden. “It is specifically prohibited to the Cardinal 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.” (UDG, 57.) Therefore, the faithful should not trust any internet rumors, nor any claims by the mass media, concerning the voting within the conclave — until such time as the Pope-elect is announced.

The number of votes required for the election of the Pope is often misunderstood. A two-thirds majority is sufficient to elect the next Pope. “I therefore decree that for the valid election of the Roman Pontiff two thirds of the votes are required, calculated on the basis of the total number of electors present.” (UDG, 62) Therefore, if 120 Cardinal electors are present, then 80 votes or more are needed to elect the next Pope.

The often-quoted “two-thirds plus one” rule only applies if two-thirds is not a whole number. For example if 119 Cardinal electors are present, then two-thirds is 79-1/3. Since one cannot have one-third of a vote, one additional vote is required, that is, 80 votes. “Should it be impossible to divide the number of Cardinals present into three equal parts, for the validity of the election of the Supreme Pontiff one additional vote is required.” (UDG, 62)

When is the Pope elected? “The Scrutineers add up all the votes that each individual has received . . . if however it turns out that someone has obtained two thirds of the votes, the canonically valid election of the Roman Pontiff has taken place.” (UDG 70) As soon as someone receives 2/3rds or more votes, that man has been validly elected. However, he is not yet the Pope of the Roman Catholic Church. He must next accept the office.

The man who is elected Pope does not become Pope until three conditions are satisfied.
(1) canonically valid election,
(2) he accepts his election as Roman Pontiff,
(3) he must be an ordained Bishop of the Church.

A woman can never validly have the role of Roman Pontiff, because a woman cannot be validly ordained as Bishop. Usually the man chosen to be Pope is a Cardinal, or at least a prominent Bishop, although the Cardinal electors can choose any adult male Catholic. On rare occasions a non-Bishop has been chosen, and the UDG allows for this sheer possibility: “After his acceptance, the person elected, if he has already received episcopal ordination, is immediately Bishop of the Church of Rome, true Pope and Head of the College of Bishops. He thus acquires and can exercise full and supreme power over the universal Church. If the person elected is not already a Bishop, he shall immediately be ordained Bishop.” (UDG, 88)

“Should the election take place in a way other than that prescribed in the present Constitution, or should the conditions laid down here not be observed, the election is for this very reason null and void, without any need for a declaration on the matter; consequently, it confers no right on the one elected.” (UDG, 76)

“Wherefore, after mature reflection and following the example of my Predecessors, I lay down and prescribe these norms and I order that no one shall presume to contest the present Constitution and anything contained herein for any reason whatsoever….”

“As determined above, I hereby declare abrogated all Constitutions and Orders issued in this regard by the Roman Pontiffs, and at the same time I declare completely null and void anything done by any person, whatever his authority, knowingly or unknowingly, in any way contrary to this Constitution.” (UDG, promulgation)

[For more about the next Pope, and subsequent Popes, see my booklet: The Future and the Popes]

by
Ronald L. Conte Jr.
Roman Catholic theologian and
translator of the Catholic Public Domain Version of the Bible.