Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Postulation, 2 June 2012, Private.
This reply from an Undersecretary of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life indicates that the Congregation “expects” a candidate who needs postulation to receive the two-thirds majority on the first or second ballot or he/she loses passive voice on subsequent ballots. This restriction is not in the Code of Canon Law, and the religious institute in question has a maximum of four ballots for provincial superior. The provision would obtain the force of law (ius), however, by its inclusion in the Constitutions as demanded by the Congregation.
2 June 2012
Prot. S. 48-1/2008
In reference to the information you request in your letter of May 7, I would like to inform you of the Congregation’s practice. We expect a candidate who needs postulation for an office to receive a qualified majority of two-thirds of the votes on the first or second ballot.
This practice should be included in your Constitutions for cases that require postulation. Therefore, after a second inconclusive ballot (two-thirds majority is not achieved), there should be a new ballot in which the previous candidate loses his passive voice....
Please accept our warm greetings and best wishes for each of your friars.
Father Sebastiano Paciolla, O.Cist.
Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Postulation, 2 June 2012, Private, CLSA, Roman Replies and Advisory Opinions, 2012, 10.